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(a) The purpose of this chapter is to establish technically feasible and economically reasonable standards to achieve a level of erosion and sediment control that will minimize damage to property and degradation of water resources and wetlands, and will promote and maintain the health and safety of the citizens of Avon Lake and complies with the intent of the Avon Lake Municipal Stormwater Program Manual.
(b) This chapter will:
(1) Allow development while minimizing increases in erosion and sedimentation; and
(2) Reduce water quality impacts to receiving water resources and wetlands that may be caused by new development or redevelopment activities.
(c) This chapter applies to all parcels used or being developed, either wholly or partially, for new or relocated projects involving, sanitary or storm sewers, waterlines, underground cables or pipelines; subdivisions or larger common plans of development; industrial, commercial, institutional or residential projects; redevelopment activities; general clearing; and all other uses that are not specifically exempted in division (d) of this section.
(d) This chapter does not apply to activities regulated by, and in compliance with, the Ohio Agricultural Sediment Pollution Abatement Rules.
(Ord. 89-2012, passed 6-25-2012; Ord. 25-2013, passed 3-25-2013)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABBREVIATED STORMWATER POLLUTION PREVENTION PLAN (ABBREVIATED SWP3). See STORMWATER POLLUTION PREVENTION PLAN.
ACRE. A measurement of area equaling 43,560 square feet.
BEST MANAGEMENT PRACTICES (BMPs). Schedule of activities, prohibitions of practices, maintenance procedures and other management practices (both structural and non-structural) to prevent or reduce the pollution of water resources and wetlands. BMPs also include treatment requirements, operating procedures and practices to control facility and/or construction site runoff, spillage or leaks; sludge or waste disposal; or drainage from raw material storage.
COMMUNITY. Throughout this chapter, this shall refer to Avon Lake, its designated representatives, boards or commissions.
CONSTRUCTION ENTRANCE. The permitted points of ingress and egress to development areas regulated under this chapter.
DEVELOPMENT AREA. A parcel or contiguous parcels owned by one or more persons, or operated as one development unit, and used or being developed for commercial, industrial, residential, institutional purposes or undergoing other construction or alteration that changes runoff characteristics.
DISTURBED AREA. An area of land subject to erosion due to the removal of vegetative cover and/or soil-disturbing activities.
DRAINAGE.
(1) The area of land contributing surface water to a specific point.
(2) The removal of excess surface water or groundwater from land by surface or subsurface drains.
EROSION. The process by which the land surface is worn away by the action of wind, water, ice, gravity, or any combination of those forces.
EROSION AND SEDIMENT CONTROL. The control of soil, both mineral and organic, to minimize the removal of soil from the land surface and to prevent its transport from a disturbed area by means of wind, water, ice, gravity or any combination of those forces.
FINAL STABILIZATION. All soil-disturbing activities at the site have been completed and a uniform perennial vegetative cover with a density of at least 80% coverage for the area has been established or equivalent stabilization measures, such as the use of mulches or geotextiles, have been employed.
LANDSCAPE ARCHITECT. A professional landscape architect registered in the State of Ohio.
LARGER COMMON PLAN OF DEVELOPMENT OR SALE. A contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan.
MAXIMUM EXTENT PRACTICABLE. The level of pollutant reduction that site owners of small municipal separate storm sewer systems regulated under 40 C.F.R. parts 9, 122, 123 and 124, referred to as NPDES Stormwater Phase II, must meet.
NPDES: NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM. A regulatory program in the Federal Clean Water Act, 33 U.S.C. §§ 1251 et seq., that prohibits the discharge of pollutants into surface waters of the United States without a permit.
PARCEL. A tract of land occupied or intended to be occupied by a use, building or group of buildings and their accessory uses and buildings as a unit, together with such open spaces and driveways as are provided and required. A PARCEL may contain more than one contiguous lot individually identified by a ‘Permanent Parcel Number’ assigned by the Lorain County Auditor’s office.
PERSON. Any individual, corporation, firm, trust, commission, board, public or private partnership, joint venture, limited liability company agency, unincorporated association, municipal corporation, county or state agency, the federal government, other legal entity, or an agent thereof.
PHASING. Clearing a parcel of land in distinct sections, with the stabilization of each section before the clearing of the next.
PROFESSIONAL ENGINEER. A professional engineer registered in the State of Ohio.
QUALIFIED INSPECTION PERSONNEL. A person knowledgeable in the principles and practice of erosion and sediment controls, who possess the skills to assess all conditions at the construction site that could impact stormwater quality and to assess the effectiveness of any sediment and erosion control measure selected to control the quality of stormwater discharges from the construction activity.
RAINWATER AND LAND DEVELOPMENT. Ohio’s standards for stormwater management, land development and urban stream protection. The most current edition of these standards shall be used with this chapter.
RUNOFF. The portion of rainfall, melted snow or irrigation water that flows across the ground surface and is eventually conveyed to water resources or wetlands.
SEDIMENT. The soils or other surface materials that are transported or deposited by the action of wind, water, ice, gravity or any combination of those forces, as a product of erosion.
SEDIMENTATION. The deposition or settling of sediment.
SETBACK. A designated transition area around water resources or wetlands that is left in a natural, usually vegetated, state so as to protect the water resources or wetlands from runoff pollution. Soil- disturbing activities in this area are restricted by this chapter.
SOIL-DISTURBING ACTIVITY. Clearing, grading, excavating, filling or other alteration of the earth’s surface where natural or human-made ground cover is destroyed and that may result in, or contribute to, erosion and sediment pollution.
STABILIZATION. The use of BMPs, such as seeding and mulching, that reduce or prevent soil erosion by water, wind, ice, gravity or a combination of those forces.
STORMWATER MANAGER. The designated employee of the Public Works Department authorized by Council to administer the stormwater program for the city in accordance with the Stormwater Pollution Prevention Program Manual.
STORMWATER POLLUTION PREVENTION PLAN (SWP3). The written document that sets forth the plans and practices to be used to meet the requirements of this chapter.
SURFACE WATERS OF THE STATE. All streams, lakes, reservoirs, marshes, wetlands or other waterways situated wholly or partly within the boundaries of the state, except those private waters which do not combine or affect a junction with surface water. Waters defined as sewerage systems, treatment works or disposal systems in R.C. § 6111.01 are not included.
UNSTABLE SOILS. A portion of land that is identified by the city as prone to slipping, sloughing or landslides, or is identified by the U.S. Department of Agriculture Natural Resource Conservation Service methodology as having low soil strength.
WATER RESOURCE. Any public or private body of water including lakes and ponds, as well as any brook, creek, river or stream having banks, a defined bed, and a definite direction of flow, either continuously or intermittently flowing.
WETLAND. Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas (40 C.F.R. part 232, as amended).
(Ord. 89-2012, passed 6-25-2012; Ord. 25-2013, passed 3-25-2013; Ord. 43-2014, passed 4-14-2014)
Compliance with the provisions of this chapter shall not relieve any person from responsibility for damage to any person otherwise imposed by law. The provisions of this chapter are promulgated to promote the health, safety and welfare of the public and are not designed for the benefit of any individual or for the benefit of any particular parcel of property.
(Ord. 89-2012, passed 6-25-2012; Ord. 25-2013, passed 3-25-2013)
(a) Where this chapter is in conflict with other provisions of law or ordinance, the most restrictive provisions shall prevail.
(b) If any clause, section or provision of this chapter is declared invalid or unconstitutional by a court of competent jurisdiction, the validity of the remainder shall not be affected thereby.
(c) This chapter shall not be construed as authorizing any person to maintain a private or public nuisance on their property, and compliance with the provisions of this chapter shall not be a defense in any action to abate such a nuisance.
(d) Failure of the city to observe or recognize hazardous or unsightly conditions or to recommend corrective measures shall not relieve the site owner from the responsibility for the condition or damage resulting therefrom, and shall not result in the city, its officers, employees or agents being responsible for any condition or damage resulting therefrom.
(e) In the event any provisions of this chapter conflict with provisions of Chapter 1060, the more stringent regulations shall prevail.
(f) In the event any provision of this chapter concerning the location, construction, maintenance, repair, grading or use of a detention facility, nonstructural stormwater management practice, structural stormwater management practice, riparian area, water resource or wetland is in conflict with a provision of Chapter 1060 of this code of ordinances, the conflict, to the extent possible, shall be resolved by the Stormwater Program Manager. The Stormwater Program Manager shall consider factors in such decision that are based on permissible provisions that may allow grading, clearing or filling that may be necessary in conjunction with the construction of said practices as part of the overall approved SWP3 plans, and not in violation of other state or federal regulations.
(g) In the event a conflict exists between the provisions of this chapter and the provisions of Chapter 1060 on matters concerning ongoing maintenance, repair, cleaning and use of an existing detention facility, nonstructural stormwater management practice, structural stormwater management practice, riparian area, water resource or wetland, the conflict shall be resolved by the Stormwater Program Manager. The Stormwater Program Manager shall resolve conflicts in such a way that require the least disturbance or interference with the then existing natural elements and features of such practices, yet is reasonable to enable the maintenance, repair or cleaning to be completed.
(Ord. 89-2012, passed 6-25-2012; Ord. 25-2013, passed 3-25-2013)
(a) This chapter requires that a stormwater pollution prevention plan be developed and implemented for all parcels disturbing one acre or more and on which any regulated activity of § 1058.01(c) is proposed.
(b) The following activities shall require submission of an abbreviated stormwater pollution prevention plan:
(1) New single-family residential construction regardless of parcel size. If such activities disturb one acre or more, or are part of a larger common plan of development or sale disturbing one acre or more, an Ohio EPA Construction Site General Permit and a stormwater pollution prevention plan may be required;
(2) Additions or accessory buildings for single-family residential construction regardless of parcel size. If such activities disturb one acre or more, or are part of a larger common plan of development or sale disturbing one acre or more, an Ohio EPA construction site general permit and a stormwater pollution prevention plan may be required;
(3) All nonresidential construction on parcels of less than one acre; and
(4) General clearing activities not related to construction and regardless of parcel size. If such activities disturb one acre or more, or are part of a larger common plan of development or sale disturbing one acre or more, an Ohio EPA construction site general permit and a stormwater pollution prevention plan may be required.
(c) Activities disturbing one quarter or less of an acre shall not require submission of a stormwater pollution prevention plan or an abbreviated stormwater pollution prevention plan, unless required by the Stormwater Manager. These activities must comply with all other provisions of this regulation.
(Ord. 89-2012, passed 6-25-2012; Ord. 25-2013, passed 3-25-2013; Ord. 43-2014, passed 4-14-2014)
(a) Soil-disturbing activities submitting a stormwater pollution prevention plan. The applicant shall submit two sets of the SWP3 and the applicable fees to the Public Works Department as follows:
(1) For subdivisions. After the approval of the preliminary plans and with submittal of the improvement plans;
(2) For other construction projects. Before issuance of a zoning permit by the Code Administrator; and
(3) For general clearing projects. Prior to issuance of a grading permit by the Public Works Department. Grading permits are a requirement for site clearing activities of any kind.
(b) Soil-disturbing activities submitting an abbreviated stormwater pollution prevention plan. The applicant shall submit two sets of the abbreviated SWP3 and the applicable fees to the Public Works Department as follows:
(1) For single-family home construction. Before issuance of a grading permit by the Public Works Department/Stormwater Manager;
(2) For other construction projects. Before issuance of a zoning permit by the Code Administrator; and
(3) For general clearing projects Prior to issuance of a grading permit by the Public Works Department/Stormwater Manager. Grading permits are a requirement for site-clearing activities of any kind.
(c) Review. The Stormwater Manager shall review the plans submitted under divisions (a) or (b) of this section for conformance with this regulation and approve, or return for revisions with comments and recommendations for revisions. A plan rejected because of deficiencies shall receive a narrative report stating specific problems and the procedures for filing a revised plan.
(d) Start of soil-disturbing activities. Soil-disturbing activities shall not begin and zoning permits shall not be issued without an approved SWP3 or Abbreviated SWP3.
(e) Approval of SWP3 for individual sublots. SWP3 for individual sublots in a subdivision will not be approved unless the larger common plan of development or sale containing the sublot is in compliance with this chapter.
(f) Period of validity. Approvals issued in accordance with this chapter shall remain valid for one year from the date of approval.
(Ord. 89-2012, passed 6-25-2012; Ord. 25-2013, passed 3-25-2013; Ord. 43-2014, passed 4-14-2014)
Approvals issued in accordance with this chapter do not relieve the applicant of responsibility for obtaining all other necessary permits and/or approvals from the Ohio EPA, the U.S. 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. Additionally, the applicant shall be responsible for submitting a plan that is compliant with the following state and federal regulations:
(a) Ohio EPA NPDES permits authorizing stormwater discharges associated with construction activity or the most current version thereof. Applicant shall provide a copy of the approved EPA notice of intent (NOI);
(b) Section 401 of the Clean Water Act, 33 U.S.C. § 1341. The applicant shall provide, if applicable, details relating to development limitations to be compliant with the Ohio EPA water quality certification;
(c) Ohio EPA isolated wetland permit. The applicant shall provide, if applicable, details relating to development limitations to be compliant with the Ohio EPA isolated wetland permit requirements; and
(d) Section 404 of the Clean Water Act, 33 U.S.C. § 1344. The applicant shall provide, if applicable, details relating to development limitations to be compliant with the U.S. Army Corps of Engineers individual permit requirements.
(Ord. 89-2012, passed 6-25-2012; Ord. 25-2013, passed 3-25-2013)
(a) In order to control sediment pollution of water resources and wetlands, the applicant shall submit an SWP3 in accordance with the requirements of this chapter.
(b) The SWP3 shall be certified by a professional engineer, a registered surveyor, certified professional erosion and sediment control specialist or a registered landscape architect. Plans that require drainage calculations, pipe sizing and detention calculations must be stamped by a professional engineer.
(c) The SWP3 shall incorporate measures as recommended by the most current edition of Rainwater and Land Development as published by the Ohio Department of Natural Resources and shall include the following information:
(1) Site description. The SWP3 shall provide:
A. A description of the nature and type of the construction activity (e.g., residential, shopping mall, highway and the like);
B. Total area of the site and the area of the site that is expected to be disturbed (i.e., grubbing, clearing, excavation, filling or grading, including off-site borrow areas);
C. An estimate of the impervious area and percent of imperviousness created by the soil- disturbing activity;
D. Existing data describing the soil and, if available, the quality of any known pollutant discharge from the site such as that which may result from previous contamination caused by prior land uses;
E. A description of prior land uses at the site;
F. An implementation schedule which describes the sequence of major soil-disturbing operations (i.e., grubbing, excavating, grading, utilities and infrastructure installation) and the implementation of erosion and sediment controls to be employed during each operation of the sequence;
G. The location and name of the immediate receiving stream or surface water(s) and the first subsequent receiving water(s);
H. The aerial (plan view) extent and description of wetlands or other special aquatic sites at or near the site which will be disturbed or which will receive discharges from disturbed areas of the project;
I. For subdivided developments where the SWP3 does not call for a centralized sediment control capable of controlling multiple individual lots, a detail drawing of a typical individual lot showing standard individual lot erosion and sediment control practices; and
J. Site map showing:
1. Limits of soil-disturbing activity of the site, including off-site spoil and borrow areas, if applicable. Designated off-site spoil and borrow areas within the limits or outside the limits of Avon Lake shall also be provided.
2. Soils types should be depicted for all areas of the site, including locations of unstable or highly erodible soils.
3. Existing and proposed one-foot contours. This must include a delineation of drainage watersheds expected during and after major grading activities as well as the size of each drainage watershed in acres.
4. Surface water locations including springs, wetlands, streams, lakes, water wells and the like, on or within 200 feet of the site, including the boundaries of wetlands or stream channels and named receiving water(s) the applicant intends to fill or relocate for which the applicant is seeking approval from the U.S. Army Corps of Engineers and/or Ohio EPA;
5. Existing and planned locations of buildings, roads, parking facilities and utilities;
6. The location of all erosion and sediment control practices, including the location of areas likely to require temporary stabilization during the course of site development;
7. Sediment ponds, including their sediment settling volume and contributing drainage area;
8. Areas designated for the storage or disposal of solid, sanitary and toxic wastes, including dumpster areas, areas designated for cement truck washout, and vehicle fueling;
9. The location of designated stoned construction entrances where the vehicles will ingress and egress the construction site; and
10. The location of any in-stream activities including stream crossings.
(2) A soils engineering report. The Public Works Department Stormwater Manager may require the SWTS to include a soils engineering report based upon his or her determination that the conditions of the soils are unknown or unclear to the extent that additional information is required to protect against erosion or other hazards. This report shall be based on adequate and necessary test borings, and shall contain all the information listed below. Recommendations included in the report and approved by the Public Works Department shall be incorporated in the grading plans and/or other specifications for site development.
A. Data regarding the nature, distribution, strength and erodibility of existing soils;
B. If applicable, data regarding the nature, distribution, strength, and erodibility of the soil to be placed on the site;
C. Conclusions and recommendations for grading procedures;
D. Conclusions and recommended designs for interim soil stabilization devices and measures, and for permanent soil stabilization after construction is completed;
E. Design criteria for corrective measures, when necessary; and
F. Opinions and recommendations covering the stability of the site.
(Ord. 89-2012, passed 6-25-2012; Ord. 25-2013, passed 3-25-2013; Ord. 43-2014, passed 4-14-2014)
The SWP3 must contain a description of the controls appropriate for each construction operation and the applicant must implement such controls. The SWP3 must clearly describe for each major construction activity the appropriate control measures; the general sequence during the construction process under which the measures will be implemented; and the contractor responsible for implementation (e.g., contractor A will clear land and install perimeter controls, and contractor B will maintain perimeter controls until final stabilization). The SWP3 shall identify all subcontractors engaged in activities that could impact stormwater runoff. The SWP3 shall contain signatures from all of the identified subcontractors indicating that they have been informed and understand their roles and responsibilities in complying with the SWP3. The controls shall include the following minimum components.
(a) Non-structural preservation measures. The SWP3 must make use of practices that preserve the existing natural condition to the maximum extent practicable. Such practices may include preserving riparian areas, preserving existing vegetation and vegetative buffer strips, phasing of construction operations in order to minimize the amount of disturbed land at any one time, and designation of tree preservation areas or other protective clearing or grubbing practices.
(b) Erosion control practices. The SWP3 must make use of erosion controls that are capable of providing cover over disturbed soils. A description of control practices designed to restabilize disturbed areas after grading or construction shall be included in the SWP3. The SWP3 must provide specifications for stabilization of all disturbed areas of the site and provide guidance as to which method of stabilization will be employed for any time of the year. Such practices may include: temporary seeding, permanent seeding, mulching, matting, sod stabilization, vegetative buffer strips, phasing of construction operations, the use of construction entrances and the use of alternative ground cover. Erosion control practices must meet the following requirements:
(1) Stabilization. Disturbed areas must be stabilized as specified in Tables 1 and 2 below.
Table 1: Permanent Stabilization | |
Area requiring permanent stabilization | Time frame to apply erosion controls |
Any area that will lie dormant for one year or more | Within 7 calendar days of the most recent disturbance |
Any area within 50 feet of a stream and at final grade | Within 2 calendar days of reaching final grade |
Any area at final grade | Within 7 calendar days of reaching final grade within that area |
Table 2: Tempory Stabilization | |
Area requiring temporary stabilization | Time frame to apply erosion controls |
Any disturbed area within 50 feet of a stream and not at final grade | Within 2 calendar days of the most recent disturbance if that area will remain idle for more than 21 calendar days |
For all construction activities, any disturbed area, including soil stockpiles that will be dormant for more than 21 days but less than one year, and not within 50 feet of a stream | Within 7 calendar days of the most recent disturbance within the area |
Disturbed areas that will be idle over winter | Prior to November 1 |
Note: Where vegetative stabilization techniques may cause structural instability or are otherwise unobtainable, alternative stabilization techniques must be employed. These techniques may include mulching or erosion matting. | |
(2) Permanent stabilization of conveyance channels. Applicants shall undertake special measures to stabilize channels and outfalls and prevent erosive flows. Measures may include seeding, dormant seeding, mulching, erosion control matting, sodding, riprap, natural channel design with bioengineering techniques, or rock check dams, all as defined in the most recent edition of Rainwater and Land Development or the Field Office Technical Guide available at www.nrcs.usda.gov/resources/guides-and-instructions/field-office-technical-guides.
(c) Runoff control practices. The SWP3 shall incorporate measures that control the flow of runoff from disturbed areas so as to prevent erosion. Such practices may include rock check dams, pipe slope drains, diversions to direct flow away from exposed soils and protective grading practices. These practices shall divert runoff away from disturbed areas and steep slopes where practicable.
(d) Sediment control practices. The SWP3 shall include a description of, and detailed drawings for, all structural practices that shall store runoff, allowing sediments to settle and/or divert flows away from exposed soils or otherwise limit runoff from exposed areas. Structural practices shall be used to control erosion and trap sediment from a site remaining disturbed for more than 14 calendar days. Such practices may include, among others: sediment settling ponds, silt fences, storm drain inlet protection, and earth diversion dikes or channels which direct runoff to a sediment settling pond. All sediment control practices must be capable of ponding runoff in order to be considered functional. Earth diversion dikes or channels alone are not considered a sediment control practice unless used in conjunction with a sediment settling pond. Sediment control practices must meet the following requirements.
(1) Timing. Sediment control structures shall be functional throughout the course of earth- disturbing activity. Sediment basins and perimeter sediment barriers shall be implemented prior to grading and within seven calendar days from the start of grubbing. They shall continue to function until the up slope development area is re-stabilized. As construction progresses and the topography are altered, appropriate controls must be constructed or existing controls altered to address the changing drainage patterns.
(2) Sediment settling ponds.
A. A sediment settling pond, or equivalent best management practice upon approval from the Stormwater Manager, is required for any one of the following conditions, as determined in Table 3:
1. Concentrated stormwater runoff;
2. Runoff from drainage areas that exceeds the design capacity of silt fence or inlet protection; and
3. Ten acres of disturbed land.
B. The sediment-settling pond shall provide both a sediment storage zone and a dewatering zone. The volume of the dewatering zone shall be at least 67 cubic yards of storage per acre of total contributing drainage area and have a minimum of 48-hour drain time for sediment basins serving a drainage area over five acres. The volume of the sediment storage zone shall be calculated by one of the following methods.
1. The volume of the sediment storage zone shall be 1,000 ft.3 per disturbed acre within the watershed of the basin.
2. The volume of the sediment storage zone shall be the volume necessary to store the sediment as calculated with a generally accepted erosion prediction model. When determining the total contributing drainage area, off-site areas and areas which remain undisturbed by construction activity must be included unless runoff from these areas is diverted away from the sediment settling pond and is not commingled with sediment-laden runoff. The depth of the dewatering zone must be less than or equal to five feet. The configuration between the inlets and the outlet of the basin must provide at least two units of length for each one unit of width (> 2:1 length: width ratio), however a length to width ration of 4:1 is recommended. Sediment must be removed from the sediment-settling pond when the design capacity has been reduced by 40%. This limit is typically reached when sediment occupies one- half of the basin depth. When designing sediment settling ponds, the applicant must consider public safety, especially as it relates to children, as a design factor for the sediment basin and alternative sediment controls must be used where site limitations would preclude a safe design. The use of a combination of sediment and erosion control measures in order to achieve maximum pollutant removal is encouraged.
(3) Silt fence and diversions. Sheet flow runoff from denuded areas shall be intercepted by silt fence or diversions to protect adjacent properties, water resources, and wetlands from sediment transported via sheet flow. Where intended to provide sediment control, silt fence shall be placed on a level contour and shall be capable of temporarily ponding runoff. The relationship between the maximum drainage area to silt fence for a particular slope range is shown in Table 3 below. Stormwater diversion practices shall be used to keep runoff away from disturbed areas and steep slopes. Such devices, which include swales, dikes or berms, may receive stormwater runoff from areas up to ten acres. Placing silt fence in parallel does not extend the permissible drainage area to the silt fence.
Table 3: Maximum Drainage Area to Silt Fence | |
Maximum Drainage Area (acres) to 100 Linear Feet of Silt Fence | Range of Slope for a Drainage Area (%) |
0.5 | <2% |
0.25 | > 2% but < 20% |
0.125 | > 20% but < 50% |
(4) Inlet protection. Erosion and sediment control practices, such as boxed inlet protection, shall be installed to minimize sediment-laden water entering active storm drain systems. All inlets receiving runoff from drainage areas of one or more acres will require a sediment settling pond. Straw or hay bales are not acceptable forms of inlet protection.
(5) Off-site tracking of sediment and dust control. Best management practices must be implemented to ensure sediment is not tracked off-site and that dust is controlled. These best management practices must include, but are not limited to, the following:
A. Construction entrances shall be built and shall serve as the only permitted points of ingress and egress to the development area. These entrances shall be built of a stabilized pad of aggregate stone or recycled concrete or cement sized greater than two inches in diameter, placed over a geotextile fabric, and constructed in conformance with specifications in the most recent edition of the Rainwater and Land Development Manual.
B. Streets directly adjacent to construction entrances and receiving traffic from the development area shall be cleaned daily to remove sediment tracked off-site. If applicable, the catch basins on these streets nearest to the construction entrances shall also be cleaned weekly.
Based on site conditions, the Stormwater Manager may require additional best management practices to control off-site tracking and dust. These additional BMPs may include:
C. Silt fence or construction fence installed around the perimeter of the development area to ensure that all vehicle traffic adheres to designated construction entrances.
D. Designated wheel-washing areas. Wash water from these areas must be directed to a designated sediment trap, the sediment-settling pond, or to a sump pump for dewatering in conformance with division (g) of this section.
E. Applicants shall take all necessary measures to comply with applicable regulations regarding fugitive dust emissions, including obtaining necessary permits for such emissions. The Stormwater Manager may require dust controls including the use of water trucks to wet disturbed areas, tarping stockpiles, temporary stabilization of disturbed areas, and regulation of the speed of vehicles on the site.
(6) Surface waters of the state protection. Construction vehicles shall avoid water resources and wetlands. If the applicant is permitted to disturb areas within 50 feet of a water resource or wetland, the following conditions shall be addressed in the SWP3:
A. All BMPs and stream crossings shall be designed as specified in the most recent edition of the Rainwater and Land Development Manual.
B. Structural practices shall be designated and implemented on site to protect water resources or wetlands from the impacts of sediment runoff.
C. No structural sediment controls (e.g., the installation of silt fence or sediment settling pond in-stream) shall be used in a water resource or wetland.
D. Where stream crossings for roads or utilities are necessary and permitted, the project shall be designed such that the number of stream crossings and the width of the disturbance are minimized.
E. Temporary stream crossings shall be constructed if water resources or wetlands will be crossed by construction vehicles during construction.
F. Construction of bridges, culverts or sediment control structures shall not place soil, debris or other particulate material into or close to the water resources or wetlands in such a manner that it may slough, slip or erode.
(7) Modifying controls. If periodic inspections or other information indicates a control has been used inappropriately or incorrectly, the applicant shall replace or modify the control for site conditions.
(e) Non-sediment pollutant controls. No solid or liquid waste, including building materials, shall be discharged in stormwater runoff. The applicant must implement site best management practices to prevent toxic materials, hazardous materials or other debris from entering water resources or wetlands. These practices shall include but are not limited to the following:
(1) Waste materials. A covered dumpster shall be made available for the proper disposal of garbage, plaster, drywall, grout, gypsum and other waste materials;
(2) Concrete truck wash out. The washing of concrete material into a street, catch basin or other public facility or natural resource is prohibited. A designated area for concrete wash out shall be made available;
(3) Fuel/liquid tank storage. All fuel/liquid 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 all containers in the storage area;
(4) Toxic or hazardous waste disposal. Any toxic or hazardous waste shall be disposed of properly; and
(5) Contaminated soils disposal and runoff. Contaminated soils from redevelopment sites shall be disposed of properly. Runoff from contaminated soils shall not be discharged from the site. Proper permits shall be obtained for development projects on solid waste landfill sites or redevelopment sites.
(f) Compliance with other requirements. The SWP3 shall be consistent with applicable state and/or local waste disposal, sanitary sewer or septic system regulations, including provisions prohibiting waste disposal by open burning, and shall provide for the proper disposal of contaminated soils located within the development area.
(g) Trench and ground water control. There shall be no sediment-laden or turbid discharges to water resources or wetlands resulting from dewatering activities. If trench or ground water contains sediment, it must pass through a sediment-settling pond or other equally effective sediment control device, prior to being discharged from the construction site. Alternatively, sediment may be removed by settling in place or by dewatering into a sump pit, filter bag or comparable practice. Ground water dewatering which does not contain sediment or other pollutants is not required to be treated prior to discharge. However, care must be taken when discharging ground water to ensure that it does not become pollutant-laden by traversing over disturbed soils or other pollutant sources.
(h) Internal inspections. All controls on the site shall be inspected at least once every seven calendar days and within 24 hours after any storm event greater than one-half inch of rain per 24-hour period. The inspection frequency may be reduced to at least once every month if the entire site is temporarily stabilized or runoff is unlikely due to weather conditions (e.g., site is covered with snow, ice, or the ground is frozen). A waiver of inspection requirements is available until one month before thawing conditions are expected to result in a discharge if prior written approval has been attained from the Stormwater Manager and all of the following conditions are met.
(1) The project is located in an area where frozen conditions are anticipated to continue for extended periods of time (i.e., more than one month).
(2) Land-disturbance activities have been suspended, and temporary stabilization is achieved.
(3) The beginning date and ending dates of the waiver period are documented in the SWP3.
(4) The applicant shall assign qualified inspection personnel to conduct these inspections to ensure that the control practices are functional and to evaluate whether the SWP3 is adequate, or whether additional control measures are required. Qualified inspection personnel are individuals with knowledge and experience in the installation and maintenance of sediment and erosion controls. These inspections shall meet the following requirements.
A. Disturbed areas and areas used for storage of materials that are exposed to precipitation shall be inspected for evidence of or the potential for, pollutants entering the drainage system.
B. Erosion and sediment control measures identified in the SWP3 shall be observed to ensure that they are operating correctly. The applicant shall utilize an inspection form provided by the city or an alternate form acceptable to the Stormwater Manager. The inspection form shall include:
1. The inspection date;
2. Names, titles and qualifications of personnel making the inspection;
3. Weather information for the period since the last inspection, including a best estimate of the beginning of each storm event, duration of each storm event and approximate amount of rainfall for each storm event in inches, and whether any discharges occurred;
4. Weather information and a description of any discharges occurring at the time of inspection;
5. Locations of:
a. Discharges of sediment or other pollutants from site;
b. BMPs that need to be maintained;
c. BMPs that failed to operate as designed or proved inadequate for a particular location; and
d. Where additional BMPs are needed that did not exist at the time of inspection.
6. Corrective action required including any necessary changes to the SWP3 and implementation dates.
C. Discharge locations shall be inspected to determine whether erosion and sediment control measures are effective in preventing significant impacts to the receiving water resource or wetlands.
D. Locations where vehicles enter or exit the site shall be inspected for evidence of off-site vehicle tracking.
E. The applicant shall maintain for three years following final stabilization the results of these inspections, the names and qualifications of personnel making the inspections, the dates of inspections, major observations relating to the implementation of the SWP3, a certification as to whether the facility is in determined by these inspections.
(i) Maintenance. The SWP3 shall be designed to minimize maintenance requirements. All control practices shall be maintained and repaired as needed to ensure continued performance of their intended function until final stabilization. All sediment control practices must be maintained in a functional condition until all up slope areas they control reach final stabilization. The applicant shall provide a description of maintenance procedures needed to ensure the continued performance of control practices and shall ensure a responsible party and adequate funding to conduct this maintenance, all as determined by the Stormwater Manager. The maintenance plan shall also detail the responsible persons for each measure installed along with contact information. The maintenance plan shall require approval by the Stormwater Manager.
When inspections reveal the need for repair, replacement or installation of erosion and sediment control BMPs, the following procedures shall be followed.
(1) When practices require repair or maintenance. If an internal inspection reveals that a control practice is in need of repair or maintenance, with the exception of a sediment-settling pond, it must be repaired or maintained within three calendar days of the inspection. Sediment settling ponds must be repaired or maintained within ten calendar days of the inspection.
(2) When practices fail to provide their intended function. If an internal inspection reveals that a control practice fails to perform its intended function as detailed in the SWP3 and that another, more appropriate control practice is required, the SWP3 must be amended and the new control practice must be installed within ten calendar days of the inspection.
(3) When practices depicted on the SWP3 are not installed. If an internal inspection reveals that a control practice has not been implemented in accordance with the schedule, the control practice must be implemented within ten calendar days from the date of the inspection. If the internal inspection reveals that the planned control practice is not needed, the record must contain a statement of explanation as to why the control practice is not needed.
(j) Final stabilization. Final stabilization shall be determined by the Stormwater Manager. Once a definable area has achieved final stabilization, the applicant may note this on the SWP3 and no further inspection requirement applies to that portion of the site.
(Ord. 89-2012, passed 6-25-2012; Ord. 25-2013, passed 3-25-2013)
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