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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.
(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.)
1005.09 PERFORMANCE STANDARDS.
The SWP3 must contain a description of the controls appropriate for each construction operation and the operator(s) must implement such controls. The SWP3 must clearly describe for each major construction activity the appropriate control measures; the general timing (or 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 approved SWP3, and the sediment and erosion controls, and non-sediment pollution controls contained therein, shall be implemented upon the commencement of construction. Perimeter controls must be installed two working days prior to commencement of construction. The approved plan must be implemented until the site reaches final stabilization. All properties adjacent to the site of soil-disturbing activity shall be protected from soil erosion and sediment run-off and damage, including, but not limited to, private properties, natural and artificial waterways, wetlands, storm sewers and public lands.
It is the owner's responsibility to maintain current records of contractor(s) responsible for implementation of the SWP3 and providing that information to the City. 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 applicant shall review the SWP3 with the primary contractor prior to commencement of construction activities and keep a SWP3 training log to demonstrate that this review had occurred.
Erosion and sediment controls shall be designed, installed and maintained effectively to minimize the discharge of pollutants during the course of earth disturbing activities. 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, minimizing disturbance of steep slopes, designation of tree preservation areas or other protective clearing or grubbing practices. Soil compaction shall be minimized and, unless infeasible, topsoil shall be preserved. Provide and maintain a fifty (50) foot buffer of undisturbed natural vegetation around surface waters of the state (as measured from the ordinary high water mark of the surface water), or riparian or wetland setbacks, if applicable, whichever is greater, unless maintaining this buffer is infeasible (e.g., stream crossings for roads or utilities, or for channel and floodplain rehabilitation and restoration). Direct stormwater to vegetated areas to increase sediment removal and maximize stormwater infiltration. If it is infeasible to provide and maintain an undisturbed fifty (50) foot natural buffer, you shall comply with the stabilization requirements found in Tables 1 and 2 for areas within fifty (50) feet of a surface water.
(b) EROSION CONTROL PRACTICES: The SWP3 must make use of erosion controls that are capable of providing cover over disturbed soils. The amount of soil exposed during construction activity shall be minimized. A description of control practices designed to reestablish vegetation or suitable cover on 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 days of the most recent disturbance. |
Any area within 50 feet of a surface water of the state and at final grade | Within 2 days of reaching final grade. |
Any other areas at final grade. | Within 7 days of reaching final grade within that area. |
Table 2: Temporary Stabilization
Area requiring temporary stabilization | Time frame to apply erosion controls |
Any disturbed area within 50 feet of a surface water of the state and not at final grade. | Within 2 days of the most recent disturbance if that area will remain idle for more than 14 days. |
For all construction activities, any disturbed area, including soil stockpiles that will be dormant for more than 14 days but less than one year, and not within 50 feet of a surface water of the state. | Within 7 days of the most recent disturbance within the area. For residential subdivisions, disturbed areas must be stabilized at least 7 days prior to transfer of permit coverage for the individual lot(s). |
Disturbed areas that will be idle over winter. | Prior to the onset of winter weather. |
Note: Where vegetative stabilization techniques may cause structural instability or are otherwise unobtainable, alternative stabilization techniques must be employed. | |
(2) Permanent stabilization of conveyance channels. Operators 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 Ohio EPA NPDES Construction Permit or edition of the Rainwater and Land Development Manual.
(c) RUNOFF CONTROL PRACTICES. The SWP3 shall incorporate measures which control the flow of runoff from disturbed areas so as to prevent erosion from occurring. 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. Velocity dissipation devices shall be placed at discharge locations and along the length of any outfall channel to provide non-erosive flow velocity from the structure to a water course so that the natural physical and biological characteristics and functions are maintained and protected.
(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 to minimize sediment discharges from the site. Structural practices shall be used to control erosion and trap sediment from a site remaining disturbed for more than fourteen (14) days. Such practices may include, among others: sediment settling ponds, sediment barriers, storm drain inlet protection, and earth diversion dikes or channels which direct runoff to a sediment settling pond. The design, installation and maintenance of erosion and sediment controls shall address factors such as the amount, frequency, intensity and duration of precipitation, the nature of resulting stormwater runoff, and soil characteristics, including the range of soil particle sizes expected to be present on the site. The SWP3 shall contain detailed drawings for all structural practices.
(e) 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 (7) days from the start of grubbing. They shall continue to function until the upslope development area is stabilized with permanent cover. As construction progresses and the topography is altered, appropriate controls must be constructed or existing controls altered to address the changing drainage patterns.
(2) Sediment settling ponds. A sediment settling pond is required for any one of the following conditions:
A. Concentrated or collected stormwater runoff (e.g. storm sewer or ditch).
B. Runoff from drainage areas which exceeds the design capacity of silt fence (see Table 3) or other sediment barriers.
C. Runoff from drainage areas that exceed the design capacity of inlet protection.
The permittee may request approval from Ohio EPA to use alternative controls if the permittee can demonstrate the alternative controls are equivalent in effectiveness to a sediment settling pond.
Sediment settling ponds shall be provided in the form of a sediment trap or sediment basin as defined in the current Ohio EPA NPDES Construction Permit or latest edition of the Rainwater and Land Development Manual. The maximum allowable contributing drainage area to a sediment trap shall be limited to less than five (5) acres. Contributing drainage areas of five (5) acres or more shall be treated with a sediment basin. An equivalent best management practice may be utilized upon approval from the Engineer.
If feasible, sediment settling ponds shall be dewatered at the pond surface using a skimmer or equivalent device. The sediment settling pond volume consists of both a sediment storage zone and a dewatering zone. The volume of the dewatering zone shall be at least one thousand eight hundred (1,800) cubic feet of storage per acre of total contributing drainage area. The dewatering structure of sediment basins shall be designed to have a minimum forty eight (48) hour drain time, and, unless infeasible, be designed to always withdraw runoff from the surface of the pond throughout the storm cycle. As such, a skimmer discharge device consistent with the Rainwater and Land Development Manual shall be provided to dewater sediment basins. Sediment traps shall also provide both a sediment storage zone and dewatering zone, but the outlet structure shall be constructed consistent with the specifications contained in the latest edition of the Rainwater and Land Development Manual.
When post-construction detention/water quality ponds are to be used as temporary sediment trapping BMPs, a skimmer discharge device consistent with the Rainwater and Land Development Manual shall be utilized during construction phase and until the site is deemed permanently stabilized by the Engineer.
The skimmer shall be designed per the equivalent requirements of sediment basins and the Operator must ensure that the outlet structure of the pond provides an equivalent or better sediment storage zone and dewatering zone. As such, temporarily while the site is under construction, there shall be no discharge of runoff below the elevation required for the sediment storage zone and the discharge of storm water within the dewatering zone shall only occur through the skimmer.
The volume of the sediment storage zone shall be calculated by one of the following methods:
Method 1: The volume of the sediment storage zone shall be one thousand (1000) ft3 per disturbed acre within the watershed of the basin.
Method 2: The volume of the sediment storage zone shall be the volume necessary to store the sediment as calculated with RUSLE or a similar generally accepted erosion prediction model.
Accumulated sediment shall be removed from the sediment storage zone once it exceeds fifty (50) percent of the minimum required sediment storage design capacity and prior to the conversion to the post-construction practice unless suitable storage is demonstrated based upon over-design. 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 co-mingled with sediment-laden runoff. The depth of the dewatering zone must be less than or equal to five (5) feet. The configuration between the inlets and the outlet of the basin must provide at least four units of length for each one unit of width. 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) Sediment barriers and diversions. Sheet flow runoff from denuded areas shall be intercepted by sediment barriers or diversions to protect adjacent properties and water resources from sediment transported via sheet flow. Where intended to provide sediment control, silt fence shall be placed on a level contour downslope of the disturbed area and shall be capable of temporarily ponding runoff. For most applications, standard silt fence may be substituted with a 12-inch diameter sediment barrier. The relationship between the maximum drainage area to silt fence for a particular slope range is shown in Table 3 below. Placing silt fence in a parallel series does not extend the size of the permissible drainage area.
Table 3: Sediment Barrier Maximum Drainage Area Based on Slope
Maximum Drainage Area (acres) to 100 linear feet of sediment barrier | Range of slope for a drainage area (%) |
0.5 | < 2% |
0.25 | 2% but < 20% |
0.125 | 20% but < 50% |
(4) Alternative perimeter controls for sheet flow discharges may be considered by the City, but their use shall not exceed the limitations indicated in Table 3 above. Detail drawings and plan notes shall specify the diameter of filter socks, compost berms and other such alternative perimeter controls if used instead of silt fence.
(5) Stormwater diversion practices shall be used to keep runoff away from disturbed areas and steep slopes where practicable. Such devices, which include swales, dikes or berms, may receive stormwater runoff from areas up to ten (10) acres.
(6) 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.
(7) Off-site tracking of sediment and dust generation. Best management practices must be implemented to minimize off-site vehicle tracking of sediments and dust generation. The SWP3 shall include methods to minimize the discharge of pollutants from equipment and vehicle washing, wheel washwater, and other washwaters. No detergents may be used to wash vehicles. Washwaters shall be treated in a sediment basin or alternative control that provides equivalent treatment prior to discharge.
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 (2) inches in diameter, placed over a geotextile fabric, and constructed in conformance with specifications in the current Ohio EPA NPDES Construction Permit most recent edition of the Rainwater and Land Development Manual.
B. Streets and catch basins adjacent to construction entrances shall be kept free of sediment tracked off site. 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 and protected from sediment-laden runoff, if feasible without posing a public safety hazard.
Based on site conditions, the City may require additional best management practices to control off site tracking and dust.
C. Fencing shall be installed around the perimeter of the development area to ensure that all vehicle traffic adheres to designated construction entrances.
D. Designated vehicle and 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 Section 1005.09 (g) of this regulation. No surfactants or detergents may be used to wash vehicles.
E. Applicants shall take all necessary measures to comply with applicable regulations regarding fugitive dust emissions, including obtaining necessary permits for such emissions. The City 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.
(8) Surface Waters of the State protection. Construction vehicles shall avoid water resources. A fifty (50) foot undisturbed natural buffer shall be provided around surface waters of the state unless infeasible. If it is infeasible to provide and maintain an undisturbed fifty (50) foot natural buffer, the SWP3 shall comply with the stabilization requirements in subsection (b)(1) hereof for areas within fifty (50) feet of a surface water, as measured from the ordinary high water mark of the surface water, or riparian or wetland setbacks, whichever is greater; and minimize soil compaction and, unless infeasible, preserve topsoil. If a riparian or wetland setback is greater than fifty (50) feet, no disturbance of natural vegetation shall occur within the riparian or wetland setback unless a variance to the riparian or wetland setback regulation has been granted. If the applicant is permitted to disturb areas within fifty (50) feet of a water resource, the following conditions shall be addressed in the SWP3:
A. All BMPs and stream crossings shall be designed as specified in the current Ohio EPA NPDES Construction Permit and most recent edition of the Rainwater and Land Development Manual.
B. Structural practices shall be designated and implemented on site to protect all adjacent surface waters of the state from the impacts of sediment runoff.
C. No structural sediment controls (e.g., the installation of silt fence or a sediment settling pond in-stream) shall be used in a surface water of the state.
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 within the buffer area 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.
G. Concentrated stormwater runoff from BMPs to natural wetlands shall be converted to diffuse flow through the use of level spreaders or other such appropriate measure before the runoff enters the wetlands. The flow should be released such that no erosion occurs downslope. Level spreaders may need to be placed in series to ensure non-erosive velocities. Other structural BMPs may be used between stormwater features and natural wetlands, in order to protect the natural hydrology, hydroperiod, and wetland flora. If the applicant proposes to discharge to natural wetlands, a hydrologic
analysis shall be performed. The applicant shall attempt to match the pre-development hydroperiods and hydrodynamics that support the wetland. The applicant shall assess whether their construction activity will adversely impact the hydrologic flora and fauna of the wetland. Practices such as vegetative buffers, infiltration basins, conservation of forest cover, and the preservation of intermittent streams, depressions, and drainage corridors may be used to maintain wetland hydrology.
H. Protected areas or critical areas, including wetlands and riparian areas shall be physically marked in the field prior to earth disturbing activities.
(9) Modifying controls. If periodic inspections or other information indicates a control has been used inappropriately or incorrectly, the permittee shall replace or modify the control for site conditions.
(f) NON-SEDIMENT POLLUTANT CONTROLS: No solid or liquid waste, including building materials, shall be discharged in stormwater runoff. The applicant must implement all necessary best management practices to prevent the discharge of non-sediment pollutants to the drainage system of the site or surface waters of the state. 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, other public facility, natural resource or water of the state is prohibited. A designated area for concrete washout shall be made available.
(3) Disposal of Other Wastewaters: The discharge of washout and cleanout of stucco, paint, form release oils, curing compounds, and other construction materials to a street, catch basin, other public facility, natural resource or waters of the state is prohibited. The discharge of soaps or solvents used in vehicle and equipment washing is also prohibited. If generated, these wastewaters must be collected and disposed of properly.
(4) 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 one hundred and ten percent (110%) of the volume of the largest containers in the storage area and/or a spill kit shall be provided to clean up spills. The SWP3 shall contain spill prevention and response procedures and these procedures shall be discussed at the pre-construction meeting.
(5) Toxic or Hazardous Waste Disposal: Any toxic or hazardous waste shall be disposed of properly. The discharge of fuels, oils, and other pollutants used in vehicle and equipment operation and maintenance is prohibited. No exposure of stormwater to waste materials is recommended.
(6) Contaminated Soils Disposal and Runoff: Discovery of previously unknown contaminated soils onsite shall be self-reported to Ohio EPA and local authorities. 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. Where construction activities are
to occur on sites with contamination from previous activities, operators shall be aware that concentrations of materials that meet other criteria (i.e. not considered a Hazardous Waste, meeting Voluntary Action Program (VAP standards)) may still result in stormwater discharges in excess of Ohio Water Quality Standards. Such discharges are not authorized by this Chapter. Appropriate BMPs which may be utilized to meet this requirement include, but are not limited to:
A. Use berms, trenches, and pits to collect contaminated runoff and prevent discharge.
B. Pump runoff from contaminated soils to the sanitary sewer with the prior approval of the sanitary sewer system operator, or pump into a container for transport to an appropriate treatment or disposal facility.
C. Cover areas of contamination with tarps, daily cover or other such methods to prevent stormwater from coming into contact with contaminated materials.
The SWP3 must include 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. The SWP3 shall include 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.
(g) 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 to the extent these are located within the permitted area.
(h) TRENCH AND GROUND WATER CONTROL. There shall be no sediment-laden or turbid discharges to surface waters of the state 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 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.
(i) INTERNAL INSPECTIONS. All controls on the site shall be inspected at least once every seven (7) calendar days and by the end of the next calendar day after any storm event greater than one-half (1/2) inch of rain per twenty four (24) hour period, excluding weekends and holidays unless work is scheduled. The inspection frequency may be reduced to at least once every month for dormant sites if the entire site is temporarily stabilized or runoff is unlikely due to weather conditions for extended periods of time (e.g., site is covered with snow, ice, or the ground is frozen). The beginning and ending dates of any reduced inspection frequency shall
be documented in the SWP3. Once a definable area has achieved final stabilization, the area may be marked on the SWP3 and no further inspection requirements shall apply to that portion of the site. A waiver of inspection requirements is available until one (1) month before thawing conditions are expected to result in a discharge if prior written approval has been attained from the Engineer 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 (1) 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) For sites that will not be completed by October 1, a Pre-Winter Stabilization Meeting shall be held by the property owner, the developer, engineer and contractor of the project and the City prior to October 1, in order to plan and approve winter erosion and sediment controls as defined in the most current Ohio EPA NPDES Construction Permit and recent edition of the Rainwater and Land Development Manual.
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. Certified inspection reports shall be submitted electronically to the Engineer within seven (7) working days from the inspection and retained at the development site.
These inspections shall meet the following requirements:
(1) 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.
(2) 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 Ohio EPA or an alternate form acceptable to the Engineer. The inspection form shall include:
A. The inspection date.
B. Names, titles and qualifications of personnel making the inspection.
C. Weather information for the period since the last inspection (or since commencement of construction activity if the first 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.
D. Weather information and a description of any discharges occurring at the time of inspection.
E. Locations of:
i. Discharges of sediment or other pollutants from site.
ii. BMPs that need to be maintained.
iii. BMPs that failed to operate as designed or proved inadequate for a particular location.
iv. Where additional BMPs are needed that did not exist at the time of inspection.
F. Corrective action required including any necessary changes to the SWP3 and implementation dates.
(3) 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.
(4) Locations where vehicles enter or exit the site shall be inspected for evidence of off-site vehicle tracking.
(5) The applicant shall maintain for three (3) 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 compliance with the SWP3, and information on any incidents of noncompliance determined by these inspections.
(j) MAINTENANCE. The SWP3 shall be designed to minimize maintenance requirements. All BMPs 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.
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 (3) days of the inspection. Sediment settling ponds must be repaired or maintained within ten (10) 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 three (3) to ten (10) days of the inspection as determined by the Engineer or site inspector.
(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 (10) 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.
(k) FINAL STABILIZATION. Final stabilization shall be determined by the Engineer. 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. Final stabilization also requires the installation of permanent (post-construction) stormwater control measures (SCMs). Obligations under this regulation shall not be completed until installation of postconstruction BMPs is verified by the Engineer.
(Ord. 2020-58. Passed 4-20-20.)
1005.10 ABBREVIATED STORMWATER POLLUTION PREVENTION PLAN (ABSWP3).
(a) In order to control sediment pollution of water resources, the applicant shall submit an Abbreviated SWP3 in accordance with the requirements of this regulation.
(b) The Abbreviated SWP3 shall be certified by a professional engineer, a registered surveyor, certified professional erosion and sediment control specialist, or a registered landscape architect.
(c) The Abbreviated SWP3 shall include a minimum of the following BMPs. The Engineer may require other BMPs as site conditions warrant.
(1) Construction Entrances: 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 2" in diameter, placed over a geotextile fabric, and constructed in conformance with specifications in the current OHIO EPA NPDES Construction Permit and recent edition of the Rainwater and Land Development Manual.
(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 washout shall be indicated on the plan. Use for other waste and wastewater is prohibited.
(3) Street Sweeping: 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 be cleaned weekly.
(4) Stabilization. The development area shall be stabilized as detailed in Table 4.
Table 4: Stabilization
Area requiring stabilization | Time frame to apply erosion controls |
Any disturbed area within 50 feet of a surface wter of the state and not at final grade. | Within 2 days of the most recent disturbance if that area will remain idle for more than 14 days. |
For all construction activities, any disturbed area, including soil stockpiles, that will be dormant for more than 14 days but less than one year, and not within 50 feet of a stream. | Within 7 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. | |
(5) 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, including rear yard inlets. Straw, hay bales, and filter socks are not acceptable forms of inlet protection.
(6) Silt Fence and Other Perimeter Controls. Silt fence and other perimeter controls approved by the Engineer shall be used to protect adjacent properties and water resources from sediment discharged via sheet (diffused) flow. Silt fence shall be placed along level contours and the permissible drainage area is limited to those indicated in Table 3 in Section 1005.09 of these regulations.
(7) Yard Drains and Downspouts. Yard drains and downspouts shall be constructed and installed as early on in the excavation/construction process as possible but in no event later than the time the structure is under roof.
(8) Internal Inspection and Maintenance. All controls on the development area shall be inspected at least once every seven (7) calendar days and within twenty-four (24) hours after any storm event greater than one-half (1/2) inch of rain per twenty-four (24) hour period. Maintenance shall occur as detailed below:
A. When BMPs require repair or maintenance. If the internal inspection reveals that a BMP is in need of repair or maintenance, with the exception of a sediment settling pond, it must be repaired or maintained within three (3) days of the inspection. Sediment settling ponds must be repaired or maintained within ten (10) days of the inspection.
B. When BMPs fail to provide their intended function. If the internal inspection reveals that a BMP fails to perform its intended function and that another, more appropriate control practice is required, the Abbreviated SWP3 must be amended and the new control practice must be installed within ten (10) days of the inspection.
C. When BMPs depicted on the Abbreviated SWP3 are not installed. If the internal inspection reveals that a BMP has not been implemented in accordance with the schedule, the control practice must be implemented within ten (10) days from the date of the inspection. If the 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.
(9) Final Stabilization: Final stabilization shall be determined by the Engineer.
(Ord. 2020-58. Passed 4-20-20.)
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