1448.09   PERFORMANCE STANDARDS.
   The SWP3 must contain a description of the controls appropriate for each stage of construction operation and the applicant must implement such controls. BMP selection and design must meet the criteria established within the current Construction General Permit. BMP's must be designed, constructed, and installed to meet the specifications in the Rainwater and Land Development or another design manual acceptable to the Village of Bentleyville. The approved SWP3, and the sediment and erosion controls, and non-sediment pollution controls contained therein, shall be implemented, and maintained according to the requirements in the Construction General Permit. Site operators must conduct site inspections as described in the construction General Permit.
   (a)   Maintenance. The SWP3 shall be designed to minimize maintenance requirements. All SCMs shall be maintained and repaired as needed to ensure continued performance of their intended function until final stabilization. All sediment SCMs must be maintained in a functional condition until all up-slope areas they control reach final stabilization. The owner shall provide a description of maintenance procedures needed to ensure the continued performance of SCMs and shall ensure a responsible party and adequate funding to conduct this maintenance, all as determined by the Village Engineer. When inspections reveal the need for repair, replacement, or installation of erosion and sediment control SCMs, the following procedures shall be followed:
      (1)   When SCMs require repair or maintenance. If an internal inspection reveals that a SCM is in need of repair or maintenance, with the exception of a sediment-settling pond, it must be repaired or maintained within three days of the inspection. Sediment settling ponds must be repaired or maintained within ten days of the inspection.
      (2)   When SCMs fail to provide their intended function. If an internal inspection reveals that a SCM 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 to ten days of the inspection as determined by the Village Engineer or his/her designated site inspector.
      (3)   When SCMs depicted on the SWP3 are not installed. If an internal inspection reveals that a SCM has not been implemented in accordance with the schedule, the control practice must be implemented within ten 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.
   (b)   Final Stabilization. Final stabilization shall be determined by the Village Engineer. Once a definable area has achieved final stabilization, the owner 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 chapter shall not be completed until installation of post-construction SCM is verified.
   (c)   Disposition of Temporary Practices. All temporary and permanent erosion and sediment control practices shall be disposed of within thirty days after final site stabilization is achieved or after the temporary practices are no longer needed, unless otherwise authorized by the Village Engineering Department. Trapped sediment shall be permanently stabilized or removed to prevent further erosion.
      (Ord. 2011-30. Passed 7-20-11; Ord. 2016-40. Passed 11-16-16; Ord. 2022-53. Passed 12-21-22.)