1005.04 CONFLICTS, SEVERABILITY, NUISANCES AND RESPONSIBILITY.

(a) The purpose of this regulation 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 will promote and maintain the health and safety of the citizens of the City.

(b) This regulation will:

(1) Allow development while minimizing increases in erosion and sedimentation.

(2) Reduce water quality impacts to receiving water resources that may be caused by new development or redevelopment activities.

(c) This regulation applies to all parcels used or being developed, either wholly or partially, for new or relocated projects involving highways, underground cables, or pipelines; subdivisions or larger common plans of development; industrial, commercial, institutional, or residential projects; building activities on farms; redevelopment activities; general clearing; and all other uses that are not specifically exempted in Section 1005.01(d).

(d) This regulation does not apply to activities regulated by, and in compliance with, the Ohio Agricultural Sediment Pollution Abatement Rules.

(Ord. 2020-58. Passed 4-20-20.)

1005.02 DEFINITIONS.

For purpose of this regulation, the following terms shall have the meaning herein indicated:

(a) ABBREVIATED STORMWATER POLLUTION PREVENTION PLAN (ABBREVIATED SWP3): The written document that sets forth the plans and practices to be used to meet the requirements of this regulation.

(b) ACRE: A measurement of area equaling 43,560 square feet.

(c) ADMINISTRATOR: The person or entity having the responsibility and duty of administering and ensuring compliance with this regulation.

(d) BEST MANAGEMENT PRACTICES (BMPs): Also STORMWATER CONTROL MEASURE (SCM). 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. 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.

(e) COMMENCEMENT OF CONSTRUCTION: The initial disturbance of soils associated with clearing, grubbing, grading, placement of fill, or excavating activities or other construction activities.

(f) CITY: Throughout this regulation, this shall refer to the City, its designated representatives, boards, or commissions.

(g) CONCENTRATED STORMWATER RUNOFF: Any stormwater runoff that flows through a drainage pipe, ditch, diversion, or other discrete conveyance channel.

(h) CONSTRUCTION ENTRANCE: The permitted points of ingress and egress to development areas regulated under this regulation.

(i) DEVELOPMENT AREA: A parcel or contiguous parcels owned by one person or persons, or operated as one development unit, and used or being developed for commercial, industrial, residential, institutional, or other construction or alteration that changes runoff characteristics.

(j) DEWATERING VOLUME: See current Ohio EPA NPDES Construction Permit or the Ohio Rainwater and Land Development Manual.

(k) DISCHARGE: The addition of any pollutant to surface waters of the state from a point source.

(1) DISTURBANCE: Any clearing, grading, excavating, filling, or other alteration of land surface where natural or man-made cover is destroyed in a manner that exposes the underlying soils.

(m) DISTURBED AREA: An area of land subject to erosion due to the removal of vegetative cover and/or soil disturbing activities such as grading, excavating, or filling.

(n) 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 of subsurface drains.

(o) DRAINAGE WATERSHED: For the purpose of this regulation the total contributing drainage area to a BMP, i.e., the "watershed" directed to the practice. This includes offsite contributing drainage.

(p) DRAINAGE WAY: A natural or manmade channel, ditch, or waterway that conveys surface water in a concentrated manner by gravity.

(q) ENGINEER: The City Engineer and or the City Engineer's designee that shall include, but not be limited to the City's Building Commissioner and/or Environmental Manager, who shall work under and in coordination with the City Engineer.

(r) 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.

(s) 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.

(t) FINAL STABILIZATION: All soil disturbing activities at the site have been completed and a uniform perennial vegetative cover with a density of at least eighty percent (80%) coverage for the area has been established or equivalent stabilization measures, such as the use of mulches or geotextiles, have been employed. In addition, all temporary erosion and sediment control practices are removed and disposed of and all trapped sediment is permanently stabilized to prevent further erosion. Final stabilization also requires the installation of permanent (post-construction) stormwater control measures (SCMs).

(u) GENERAL CONTRACTOR: The primary individual or company solely accountable to perform a contract. The general contractor typically supervises activities, coordinates the use of subcontractors, and is authorized to direct workers at a site to carry out activities required by the permit.

(v) GRADING: The excavating, filling, or stockpiling of earth material, or any combination thereof, including the land in its excavated or filled condition.

(w) GRUBBING: The removing or grinding of roots, stumps and other unwanted material below existing grade.

(x) IMPERVIOUS: That which does not allow infiltration.

(y) LANDSCAPE ARCHITECT: A Professional Landscape Architect registered in the State of Ohio.

(z) 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.

(aa) MAXIMUM EXTENT PRACTICABLE (MEP): The technology-based discharge standard for Municipal Separate Storm Sewer Systems to reduce pollutants in stormwater discharges that was established by the Clean Water Act §402(p). A discussion of MEP as it applies to small MS4s is found in 40 CFR 122.34.

(bb) MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4): A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that are:

(1) Owned or operated by the federal government, state, municipality, township, county, district, or other public body (created by or pursuant to state or federal law) including a special district under state law such as a sewer district, flood control district or drainage districts, or similar entity, or a designated and approved management agency under Section 208 of the Federal Water Pollution Control Act that discharges into surface waters of the state; and

(2) Designed or used for collecting or conveying solely stormwater; and

(3) Which is not a combined sewer; and

(4) Which is not a part of a publicly owned treatment works.

(cc) NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES): The national program for issuing, modifying, revoking and reissuing, termination, monitoring and enforcing permits and enforcing pretreatment requirements, under sections 307, 402, 318, 405 of the Clean Water Act.

(dd) NATURAL CHANNEL DESIGN: An engineering technique that uses knowledge of the natural process of a stream to create a stable stream that will maintain its form and function over time.

(ee) NON-SEDIMENT POLLUTANT: Any solid (other than sediment) or liquid waste, including building materials, which shall be prevented from discharging to the site drainage system or to waters of the state.

(ff) OPERATOR: Any party associated with a construction project that meets either of the following two criteria:

(1) The party has day-to-day operational control of all activities at a project which are necessary to ensure compliance with a Stormwater Pollution Prevention Plan (SWP3) for the site and all other permit conditions including the ability to authorize modifications to the SWP3, construction plans and site specification to ensure compliance with the General Permit; or

(2) Property owner that meets the definition of operator should the party which has day to day operational control require additional authorization from the owner for modifications to the SWP3, construction plans, and/or site specification to ensure compliance with the permit or refuses to accept all responsibilities as listed above.

Subcontractors generally are not considered operators for the purposes of this permit. There can be more than one operator at a site and under these circumstances, the operators shall be co-permittees.

(gg) OWNER OR OPERATOR: The owner or operator of any "facility or activity" subject to regulation under the NPDES program.

(hh) SUBDIVISIONS, MAJOR AND MINOR: See Ohio Revised Code 711.001 for definition.

(ii) PARCEL: Means 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 Cuyahoga County Fiscal Officer.

(jj) PERCENT IMPERVIOUSNESS: The impervious area created divided by the total area of the project site.

(kk) PERMANENT STABILIZATION: Establishment of permanent vegetation, decorative landscape mulching, matting, sod, rip rap, and landscaping techniques to provide permanent erosion control on areas where construction operations are complete or where no further disturbance is expected for at least one (1) year.

(ll) PERSON: Any individual, corporation, firm, trust, commission, board, public or private partnership, joint venture, agency, unincorporated association, municipal corporation, county or state agency, the federal government, other legal entity, or an agent thereof.

(mm) PHASING: Clearing a parcel of land in distinct sections, with the stabilization of each section before the clearing of the next.

(nn) POINT SOURCE: Any discernible, confined and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or the floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural stormwater runoff.

(oo) PRE-CONSTRUCTION MEETING: A meeting between the City and all principle parties, prior to the start of any construction, at a site that requires a Stormwater Pollution Prevention Plan.

(pp) PRE-WINTER STABILIZATION MEETING: A meeting between the City and all principal parties, prior to October 1, in order to plan winter erosion and sediment controls for a site that requires a Stormwater Pollution Prevention Plan.

(qq) PROFESSIONAL ENGINEER: A Professional Engineer registered in the State of Ohio.

(rr) 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.

(ss) RAINWATER AND LAND DEVELOPMENT MANUAL: Ohio's standards for stormwater management, land development, and stream protection. The most current edition of these standards shall be used with this regulation.

(tt) REDEVELOPMENT: A construction project on land that has been previously graded, paved or built upon.

(uu) RIPARIAN AREA: The transition area between flowing water and terrestrial (land) ecosystems composed of trees, shrubs and surrounding vegetation which serves to stabilize erodible soil, improve both surface and ground water quality, increase stream shading and enhance wildlife habitat.

(vv) 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.

(ww) RUNOFF COEFFICIENT: The fraction of rainfall that will appear at the conveyance as runoff.

(xx) 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.

(yy) SEDIMENTATION: The deposition or settling of sediment.

(zz) SEDIMENT SETTLING POND: A sediment trap, sediment basin or permanent basin that has been temporarily modified for sediment control, as described in current Ohio EPA NPDES Construction Permit and the latest edition of the Rainwater and Land Development Manual.

(aaa) SEDIMENT STORAGE VOLUME: See current Ohio EPA NPDES Construction Permit and latest edition of the Rainwater and Land Development Manual.

(bbb) SETBACK: A designated transition area around water resources that is left in a natural, usually vegetated, state to protect the water resources from runoff pollution. Soil disturbing activities in this area are restricted by this regulation.

(ccc) SOIL DISTURBING ACTIVITY: Clearing, grading, excavating, filling, grubbing or stump removal that occurs during clearing or timber activities, 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.

(ddd) SOIL & WATER CONSERVATION DISTRICT: An entity organized under Chapter 940 of the Ohio Revised Code referring to either the Soil and Water Conservation District Board or its designated employee(s). Hereafter referred to as Cuyahoga County SWCD.

(eee) 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.

(fff) STEEP SLOPES: Slopes that are fifteen percent (15%) or greater in grade. NOTE: If otherwise defined in community zoning, use community definition.

(ggg) STORMWATER POLLUTION PREVENTION PLAN (SWP3): The written document that sets forth the plans and practices to be used to meet the requirements of this regulation.

(hhh) STORMWATER: Stormwater runoff, snow melt and surface runoff and drainage.

(iii) SUBCONTRACTOR: An individual or company that takes a portion of a contract from the general contractor or from another subcontractor.

(jjj) SURFACE OUTLET: A dewatering device that only draws water from the surface of the water.

(kkk) SURFACE WATER OF THE STATE: Also Water Resource or Water Body. All streams, lakes, reservoir, ponds, 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 natural surface water or underground waters. Waters defined as sewerage systems, treatment works or disposal systems in Section 6111.01 of the Ohio Revised Code are not included.

(lll) TEMPORARY STABILIZATION: The establishment of temporary vegetation, mulching, geotextiles, sod, preservation of existing vegetation, and other techniques capable of quickly establishing cover over disturbed areas to provide erosion control between construction operations.

(mmm) TOPSOIL: The upper layer of the soil that is usually darker in color and richer in organic matter and nutrients than subsoil.

(nnn) TOTAL MAXIMUM DAILY LOAD: The sum of the existing and/or projected point source, nonpoint source, and background loads for a pollutant to a specified watershed, water resource or wetland, or water resource or wetland segment. A TMDL sets and allocates the maximum amount of a pollutant that may be introduced into the water and still ensure attainment and maintenance of water quality standard.

(ooo) UNSTABLE SOILS: A portion of land that is identified by the Engineer as prone to slipping, sloughing, or landslides, or is identified by the U.S. Department of Agriculture Natural Resource Conservation Service methodology as having a low soil strength.

(ppp) WATER QUALITY VOLUME (WQv): The volume of storm water runoff which must be captured and treated prior to discharge from the developed site after construction is complete.

(qqq) WATER RESOURCE Also SURFACE WATER OF THE STATE: Any stream, lake, reservoir, pond, marsh, wetland, or waterway 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 Section 6111.01 of the Ohio Revised Code are not included.

(rrr) WATERSHED: The total drainage area contributing runoff to a single point.

(sss) 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 CFR 232, as amended).

(Ord. 2020-58. Passed 4-20-20.)

1005.03 DISCLAIMER OF LIABILITY.

Compliance with the provisions of this regulation shall not relieve any person from responsibility for damage to any person otherwise imposed by law. The provisions of this regulation 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. 2020-58. Passed 4-20-20.)

1005.04 CONFLICTS, SEVERABILITY, NUISANCES AND RESPONSIBILITY.

(a) Where this regulation 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 regulation is declared invalid or unconstitutional by a court of competent jurisdiction, the validity of the remainder shall not be affected thereby.

(c) This regulation 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 regulation 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) The Engineer shall administer, implement, and enforce the provisions of this Chapter.

(Ord. 2020-58. Passed 4-20-20.)

1005.05 DEVELOPMENT OF STORMWATER POLLUTION PREVENTION PLANS.

(a) This regulation requires that a SWP3 be developed and implemented for all soil disturbing activities disturbing one (1) or more acres of total land, or less than one (1) acre if part of a larger common plan of development or sale disturbing one (1) or more acres of total land. A SWP3 shall be developed and implemented for all commercial and industrial site development. The City shall require an Abbreviated SWP3 on any site disturbing less than one (1) acre but disturbing four thousand (4,000) square feet or more of land.

(b) General clearing activities not related to construction shall submit an Abbreviated SWP3. If such activities disturb one (1) acre or more, or are part of a larger common plan of development or sale disturbing one (1) acre or more, compliance with the Ohio EPA Construction Site General Permit and a SWP3 is required.

(c) Activities disturbing less than four thousand (4,000) square feet are not required to submit a SWP3 or an Abbreviated SWP3, unless required by the City. These activities must comply with all other provisions of this regulation.

(Ord. 2020-58. Passed 4-20-20.)

1005.06 APPLICATION PROCEDURES.

(a) SOIL DISTURBING ACTIVITIES SUBMITTING A STORMWATER POLLUTION PREVENTION PLAN (SWP3): The applicant shall submit two (2) sets of the SWP3 and the applicable fees to the City as follows:

(1) For subdivisions: After the approval of the preliminary Site Development Plan and with submittal of the final Site Development Plan.

(2) For other construction projects: Before issuance of a building or zoning permit by the Building Commissioner.

(3) For general clearing projects: Prior to issuance of a building or zoning permit by the Building Commissioner.

(b) SOIL DISTURBING ACTIVITIES SUBMITTING AN ABBREVIATED STORMWATER POLLUTION PREVENTION PLAN (SWP3): The applicant shall submit two (2) sets of the Abbreviated SWP3 and the applicable fees to the City as follows:

(1) For single-family home construction: Before issuance of a building or zoning permit by the Building Commissioner.

(2) For other construction projects: Before issuance of a building or zoning permit by the Building Commissioner.

(3) For general clearing projects: Prior to issuance of a building or zoning permit by the Building Commissioner.

(c) The Engineer shall review the plans submitted under subsection (a) or (b) 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) Soil disturbing activities shall not begin and building or zoning permits shall not be issued without all of the following:

(1) Approved SWP3 or Abbreviated SWP3; and

(2) Installation of erosion and sediment controls; and

(3) Physical marking in the field of protected areas or critical areas, including wetlands and riparian areas.

(e) 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 regulation.

(f) The property owner or appointed representative, developer, engineer and contractor, and other principal parties, shall meet with the City for a Pre Construction Meeting no less than seven (7) days prior to soil-disturbing activity at the site to ensure that erosion and sediment control devices are properly installed, limits of disturbance and buffer areas are properly delineated and construction personnel are aware of such devices and areas.

(g) Approvals issued in accordance with this regulation shall remain valid for one (1) year from the date of approval.

(Ord. 2020-58. Passed 4-20-20.)

1005.07 COMPLIANCE WITH STATE AND FEDERAL REGULATIONS.

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 to show proof of compliance with these state and federal regulations shall be submitted with SWP3s or Abbreviated SWP3s.

(a) Ohio EPA NPDES Permits authorizing stormwater 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 from the site owner certifying and explaining why the NPDES Permit is not applicable.

(b) 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 from the site owner certifying that a qualified professional has surveyed the site and determined that Section 401 of the Clean Water Act is not applicable. 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 an application is made under this ordinance.

(c) 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 from the site owner certifying that a qualified professional has surveyed the site and determined that Ohio EPA's Isolated Wetlands Permit is not applicable. Isolated wetlands shall be delineated by protocols accepted by the U.S. Army Corps of Engineers at the time an application is made under this regulation.

(d) 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, the site owner shall submit proof of compliance with the U.S. Army Corps of Engineer's Nationwide Permit Program.

This shall include one of the following:

(1) A letter from the site owner certifying that a qualified professional has evaluated the site and determined that Section 404 of the Clean Water Act is not applicable, and provide documentation.

(2) A site plan showing that any proposed fill of waters of the United States conforms to the general and special 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 an application is made under this regulation.

(e) 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 from the site owner certifying and explaining why the Ohio Dam Safety Law is not applicable.

(Ord. 2020-58. Passed 4-20-20.)

1005.08 STORMWATER POLLUTION PREVENTION PLAN (SWP3).

(a) In order to control sediment pollution of water resources, the applicant shall submit a SWP3 in accordance with the requirements of this regulation.

(b) The SWP3 shall include Best Management Practices (BMPs) and Stormwater Control Measures (SCMs) adequate to prevent pollution of public waters by soil sediment from accelerated storm water runoff from development areas.

(c) The SWP3 shall be shall be prepared in accordance with sound engineering and/or conservation practices and certified by a professional engineer, a registered surveyor, certified professional erosion and sediment control specialist, or a registered landscape architect experienced in the design and implementation of standard erosion and sediment controls and stormwater management practices addressing all phases of construction.

(d) The SWP3 shall be amended whenever there is a change in design, construction, operation or maintenance, which has a significant effect on the potential for the discharge of pollutants to surface waters of the state or if the SWP3 proves to be ineffective in achieving the general objectives of controlling pollutants in stormwater discharges associated with construction activity.

(e) The SWP3 shall be retained on site during working hours and shall be made available immediately upon request of the Director of Ohio EPA or his/her authorized representative, the City, Engineer, and MS4 operators or their authorized representative during working hours.

(f) The SWP3 shall incorporate measures as recommended by the most current online edition of the Rainwater and Land Development Manual as published by the Ohio Environmental Protection Agency and shall include the following information:

(1) A cover page or title identifying the name and location of the site, the name and contact information of all construction site operators, the name and contact information for the person responsible for authorizing and amending the SWP3, preparation date, and the estimated start and completion dates for construction.

(2) Plans must include a conformance statement to the effect that: "Implementation of erosion and sediment controls shall conform to the Ohio EPA NPDES Construction General Permit #OHC000005 (or subsequent editions) and the City of Beachwood Codified Ordinances Chapters 1001, 1003, 1005 and 1007.

(3) Site description: The SWP3 shall provide:

A. A description of the nature and type of the construction activity (e.g. low density residential, shopping mall, highway, etc.).

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. A measure of the impervious area and percent of imperviousness created by the construction activity (existing, new and total impervious area after construction).

D. Stormwater calculations, including the volumetric runoff coefficients for both the pre-construction and post- construction site conditions, and resulting water quality volume; design details for post-construction stormwater facilities and pretreatment practices such as contributing drainage areas, capacities, elevations, outlet details and drain times shall be included in the SWP3; and if applicable, explanation of the use of existing post-construction facilities. Ohio EPA recommends the use of data sheets (see Ohio's Rainwater and Land Development Manual and Ohio EPA resources for examples).

E. 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.

F. A description of prior land uses at the site.

G. A description of the condition of any on-site streams (e.g. prior channelization, bed instability or headcuts, channels on public maintenance, or natural channels).

H. An implementation schedule which describes the sequence of major construction operations (i.e., designation of vegetative preservation areas, grubbing, excavating, grading, utilities and infrastructure installation) and the implementation of erosion, sediment and stormwater management practices or facilities to be employed during each operation of the sequence.

I. The name and/or location of the immediate receiving stream or surface water(s) and the first subsequent receiving water(s) and the areal 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. For discharges to a municipal separate storm sewer system (MS4), the point of discharge to the MS4 and the location where the MS4 ultimately discharges to a stream or surface water of the state shall be indicated.

J. List TMDLs applicable for the site and demonstrate that appropriate BMPs or stormwater control measures (SCMs) have been selected to address these TMDLs. [A TMDL identifier table for Northeast Ohio communities is available at http://www. neohiostormwater. com/]

K. For subdivided developments, a detailed drawing of individual parcels with their erosion, sediment or stormwater control practices and/or a typical individual lot showing standard individual lot erosion and sediment control practices. A typical individual lot drawing does not remove the responsibility to designate specific erosion and sediment control practices in the SWP3 for critical areas such as steep slopes, stream banks, drainage ways, and riparian zones.

L. Location and description of any stormwater discharges associated with dedicated asphalt and dedicated concrete plants covered by this permit and the best management practices to address pollutants in these stormwater discharges.

M. A log documenting grading and stabilization activities as well as amendments to the SWP3, which occur after construction activities commence.

N. The SWP3 shall contain a description of the post-construction BMPs that will be installed during construction for the site and the rationale for their selection. The rationale shall address the anticipated impacts on the channel and floodplain morphology, hydrology, and water quality.

O . Each temporary and permanent stormwater practice shall be designated with an individual identification number and date of installation.

P. Site map showing:

1. Limits of earth-disturbing activity of the site, including off site spoil and borrow areas that are not addressed by a separate NOI and associated SWP3.

ii. Soil types should be depicted for all areas of the site, including locations of unstable, highly erodible and/or contaminated soils.

iii. Existing and proposed one-foot (1') 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.

iv. The location of any delineated boundary for required riparian setbacks.

v. Conservation easements or areas designated as open space, preserved vegetation or otherwise protected from earth disturbing activities. A description of any associated temporary or permanent fencing or signage.

vi. Surface water locations including springs, wetlands, streams, lakes, water wells, etc., on or within two hundred (200) feet of the site, including the boundaries of wetlands or stream channels and first subsequent named receiving water(s) the permittee intends to fill or relocate for which the permittee is seeking approval from the Army Corps of Engineers and/or Ohio EPA.

vii. Existing and planned locations of buildings, roads, parking facilities, and utilities.

viii. 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.

ix. Sediment traps and basins noting their sediment storage and dewatering (detention) volume and contributing drainage area. Ohio EPA recommends the use of data sheets (see Ohio EPA's Rainwater and Land Development Manual and website for examples) to provide data for all sediment traps and basins noting important inputs to design and resulting parameters such as their contributing drainage area, disturbed area, detention volume, sediment storage volume, practice surface area, dewatering time, outlet type and dimensions.

x. Data sheets for all sediment traps, sediment basins, and SCMs that identify contributing drainage area, disturbed area, water quality volume, sedimentation volume, dewatering volume, practice surface area, facility discharge and dewatering time, outlet type and dimensions, and any other relevant parameters for each practice.

xi. A separate plan and cross-section view of each individual sediment settling pond and its outlet structure. Detail drawings of the outlet structure shall indicate the following elevations:

a) Pond bottom

b) Elevation required to store the required sediment storage volume

c) For sediment basins, the elevation at which the skimmer is attached

d) For sediment traps, the top and bottom of the stone outlet section

e) Elevation required to store the dewatering volume, exclusive of the sediment storage volume

f) Elevation of the top of embankment

g) Crest of the emergency spillway

xii. Where used as a sediment settling pond during construction, the plan shall include a detailed drawing of the temporary outlet configuration of the permanent storm water basin with the following information specified:

a) Storage volume provided below the elevation at which the skimmer or other surface dewatering device is attached

b) Elevation at which the skimmer or other surface dewatering device is attached

c) Elevation at which the full dewatering zone is stored above the skimmer invert

d) Any temporary modification to permanent outlet orifices or weirs required to ensure no discharge below the skimmer invert and only the skimmer controls the discharge up to the top of the dewatering volume

e) Calculations of the sediment storage volume, dewatering volume and skimmer drawdown time shall also be provided

xiii. The location of new and existing permanent stormwater management practices including pretreatment practices to be used to control pollutants in stormwater after construction operations have been completed along with the location of existing and planned drainage features including catch basins, culverts, ditches, swales, surface inlets and outlet structures.

xiv. 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.

xv. Methods to minimize the exposure of building materials, building products, construction wastes, trash, landscape materials, fertilizers, pesticides, herbicides, detergents, and sanitary waste to precipitation, stormwater runoff, and snow melt.

xvi. Measures to prevent and respond to chemical spills and leaks. Applicants may also reference the existence of other plans (i.e., Spill Prevention Control and Countermeasure (SPCC) plans, spill control programs, Safety Response Plans, etc.) provided that such plan addresses this requirement and a copy of such plan is maintained on site.

xvii. Methods to minimize the discharge of pollutants from equipment and vehicle washing, wheel wash water, and other wash waters. No detergents may be used to wash vehicles. Wash waters shall be treated in a sediment basin or alternative control that provides equivalent treatment prior to discharge.

xviii. The location of designated construction entrances where the vehicles will access the construction site.

xix. The location of any areas of proposed floodplain fill, floodplain excavation, stream restoration or known temporary or permanent stream crossings.

(Ord. 2020-58. Passed 4-20-20.)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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