(a) Purpose and scope.
(1) The purpose of this section is to establish technically feasible and economically reasonable standards to achieve a level of erosion and sediment control that will minimize damage to property and degradation of water resources and wetlands, and will promote and maintain the health and safety of the citizens of the City.
(2) This section will:
A. Allow development while minimizing increases in erosion and sedimentation.
B. Reduce water quality impacts to receiving water resources and wetlands that may be caused by new development or redevelopment activities.
(b) Regulated Activities. This section applies to all regulated discharges outlined in the eligibility section of the most recent version of the Ohio EPA General Construction Stormwater Permit. (Ord. 2(2012-13.) Passed 3-12-12.)
(c) Development Sites Subject to this Section. All developments that are equal to or larger than ½ acre (21.780 square feet) in size of disturbed area in this City are subject to this section and shall follow all of the requirements set forth in this section.
(Ord. 14(2014-15). Passed 2-9-15.)
(d) Application Procedures.
(1) Applicants must submit the following documentation to the permitting authority prior to construction:
A. City of Belpre Erosion and Sediment Control Earth Moving Permit Application on the form attached to Ordinance 2(2012-13) as Exhibit A;
B. An Ohio EPA General Construction Stormwater Permit notice of intent form;
C. Site location map; and
D. Two (2) copies of a Storm Water Pollution Prevention Plan (SWP3). One copy of the approved (SWP3) will be returned to the applicant.
(2) Criteria for the listed documentation must be the same as outlined in the most current Ohio Environmental Protection Agency (EPA) National Pollution Discharge Elimination (NPDES) General Storm Water Permit for Construction Activities. Within 21 calendar days of the receipt of all documentation, the permitting authority shall approve or disapprove the application for a sediment erosion control permit. A statement of disapproval shall include the reason therefor and shall identify the deficiencies in the documentation and shall state the procedures for filing a revised plan. Upon receipt of revised documentation, the plan reviewer shall respond with approval or disapproval within 21 calendar days. Once final approval has been made and a permit issued, any subsequent changes shall be approved in writing by the authorized agency.
(3) The permittee must also obtain coverage under the Ohio EPA General Construction Stormwater Permit before earth disturbance begins. A copy of the Ohio EPA coverage letter shall be mailed to the MS4 permitting authority as evidence of coverage. If the operator of a project falls to obtain Ohio EPA General Construction Stormwater Permit coverage, the project will be considered an illicit discharge.
(e) Storm Water Pollution Preventable Plan. The applicant shall submit a Storm Water Pollution Prevention Plan (SWP3) consistent with the requirements set forth in the most recent Ohio EPA NPDES General Construction Permit. The specific requirements of a SWP3, the designer shall refer to SWP3 Check List. The SWP3 must address erosion and sediment control during construction as well as post construction practices. Post construction practices must meet the requirements of the most recent Ohio EPA General construction Stormwater Permit. The SWP3 shall incorporate measures as recommended by the most current edition of Rainwater and Land Development Manual as published by the Ohio Department of Natural Resources.
(1) Non-structural post construction water quality practices. Non-structural post construction best management practices include preservation, planning, or procedures that direct development away from water resources or limit creation of impervious surfaces. Practices such as conservation easements, riparian and wetland setbacks, and conservation subdivision design are all non-structural controls.
A. All non-structural water quality practices must be protected from disturbance through the construction phase of the project.
B. All non-structural water quality practices must be protected in perpetuity through the use of appropriate legal tools. All easement or conservation areas must appear on the final plat and be disclosed to potential buyers.
(2) Structural water quality practices. Structural post construction best management practices are permanent features constructed to provide treatment of storm water runoff either through storage, filtration, or infiltration.
A. All structural water quality practices must be established prior to the completion of the project. Structural water quality practices should be made functional once the disturbed areas on site are stabilized. If detention/retention facilities were used for sediment control during development, sediments must be removed prior to the basin being used for post construction storm water quality.
B. Maintenance. The post construction water quality practice must be maintained in perpetuity by those parties identified in the SWP3 or the Storm Water Management Maintenance Agreement.
(f) Compliance with Local, State, and Federal Regulations. All submittals are required to show proof of compliance with all state and federal regulations. Approval issued in accordance with this Chapter do not relieve the applicant of responsibility for obtaining all other necessary permits and/or approvals from the Ohio EPA, the U.S. Army Corps of Engineers, and other federal, state and/or county agencies. If requirements, vary, the most restrictive requirement shall prevail. These permits may include, but are not limited to, those listed below.
(1) 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, or approval letter.
(2) Ohio EPA Isolated Wetland Permit. Proof of compliance shall be a copy of Ohio EPA’s Isolated Wetland Permit application tracking number, public notice, or a project approval letter. Isolated wetlands shall be delineated by protocols accepted by the U.S. Army Corps of Engineers.
(3) 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, a copy of the applicable Nationwide Permit, public notice, or project approval letter.
(4) Ohio Dam Safety Law. Proof of compliance shall be a copy of the Ohio Department of Natural Resources Division of Water permit application tracking number, a copy of the project approval letter from the Ohio Department of Natural Resources Division of Water.
(5) Ohio EPA NPDES Permits authorizing storm water discharges associated with construction activity or the most current version thereof. Proof of compliance with these requirements shall be the applicant’s 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.
(g) Fees.
(1) All plan submittals required in Section 1337.01 shall be accompanied by a fee payable in cash or by check to the City in the amount of two hundred and fifty dollars ($250.00) at the time of the initial submittal.
(2) If it is determined that the City requires engineering services to evaluate, monitor, and/or enforce the terms of any plan, the City may require the developer to pay the entire cost of those engineering services. The City may obtain an estimate of the cost of said engineering services, and may require the developer to provide a bond to cover the anticipated cost of such engineering services.
(3) In addition to the fees set forth above, the plan reviewer, before issuing such a permit, may charge and collect a penalty in every case where work or development otherwise covered by this chapter has actually commenced prior to the issuance of a permit in an amount up to one hundred dollars ($100.00) per day for each day of non-compliance.
(Ord. 2(2012-13). Passed 3-12-12.)