ARTICLE I. GENERAL PROVISIONS
34.001 Title
34.002 Authority and other laws
34.003 Purpose
34.004 General approach to development
34.005 Definitions
34.006 Transitional provisions
34.007 Rules of construction and interpretation
34.008 Authority and right of entry
34.009 Liability disclaimer
ARTICLE II. ILLICIT DISCHARGE CONTROL
34.100 Purpose
34.101 Prohibition of discharges
34.102 Permitted discharges
34.103 Suspension of MS4 access
34.104 Industrial or construction activity discharges
34.105 Other discharges
34.106 Storm discharge permit
34.107 Rules and regulations
34.108 Requirement to prevent, control, and reduce stormwater pollutants by the use of best management practices
34.109 Watercourse protection
34.110 Inspection and monitoring
ARTICLE III. EROSION PREVENTION AND SEDIMENT CONTROL
34.200 Purpose
34.201 Land disturbance permit
34.202 Exemptions
34.203 Land disturbance activity
34.204 Fiscal surety
34.205 EPSC requirements
34.206 Plan requirements
ARTICLE IV. POST-CONSTRUCTION STORMWATER MANAGEMENT
34.300 Purpose
34.301 General requirements
34.302 Application
34.303 Review and issuance of permit
34.304 Maintenance agreements
ARTICLE V. ENFORCEMENT
34.400 Enforcement
34.401 Enforcement actions
34.402 Appeals
34.403 Penalties
34.404 Injunctive relief
34.405 Remedial action
34.406 Emergency abatement
34.407 Acts potentially resulting in a violation of the Federal Clean Water Act
ARTICLE I. GENERAL PROVISIONS
(A) This chapter is adopted by the Berea City Council, under authority of KRS Chapter 100, and KRS 82.082, and shall be administered by the Berea Planning Commission, Codes and Planning Department, GIS Department, Street Department, and any other City Department deemed appropriate. These departments, acting as the "Approving Agency", "Issuing Authority" and "Enforcement Agency" shall be identified as the "City of Berea" in the ordinance.
(B) This chapter shall be construed to ensure consistency with requirements of the Clean Water Act, the KPDES and acts amendatory thereof or any other applicable regulations.
(C) The provisions of this chapter are minimum requirements. Whenever the provisions of this chapter are at variance with the requirements of the Berea Land Management and Development Ordinance or other city, state and federal lawfully adopted rules, regulations, ordinances or resolutions, the most restrictive, or that imposing the higher standard, shall govern.
(D) This chapter does not intend to imply that compliance by any person, company, developer, or any other entity will ensure that there will be no contamination, pollution, or discharge of pollutants into the MS4, community water or waters of the Commonwealth.
(E) It shall be the permittee's responsibility to determine and comply with all other applicable city, county, state, or federal ordinances or regulations governing land development and land disturbing activities, some of which may be conditions of approval under this chapter (e.g., KPDES general permit).
(F) The remedies listed in this chapter are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the City of Berea to seek cumulative remedies.
(Ord. No. 24-14, § 1, 12-16-14)
The requirements set forth in this chapter are intended to protect the general health, safety and welfare of the citizens of the City of Berea, and more specifically:
(A) Conserve, preserve, and enhance the natural resources of the City of Berea, Kentucky, including its soils, waters, vegetation, fish and wildlife.
(B) To protect and enhance the water quality of watercourses and water bodies in a manner pursuant to and consistent with the Federal Clean Water Act by addressing stormwater runoff from new development projects and existing developments that discharge into the municipal separate storm sewer system (MS4), community waters and waters of the Commonwealth.
(C) To comply with all applicable state and federal requirements for clean water, including limitations on the discharge of pollutants as set forth by the Kentucky Pollutant Discharge Elimination System (KPDES); and all applicable provisions of the Federal National Pollution Discharge elimination System's stormwater general permit for Phase II communities.
(D) To carry out the requirements for implementation of regulations with respect to the Phase II Stormwater Program, specifically MCM 3: Illicit Discharge Detection and Elimination; MCM 4: Construction Site Runoff Control; and MCM 5: Post-Construction Runoff Control.
(E) To establish legal enforcement authority to carry out all inspection, surveillance and monitoring, and enforcement procedures necessary to ensure compliance with this section.
(Ord. No. 24-14, § 1, 12-16-14)
The City of Berea promotes an approach to management of stormwater quality and quantity issues that considers the following parameters:
(A) Develops comprehensive master plans that address stormwater quantity, quality, design, operation and maintenance, and funding priorities.
(B) Encourages the use of natural and aesthetically pleasing designs that maximize the preservation of natural areas.
(C) Encourages the preservation of floodplains, floodways and open spaces to protect and benefit the community's quality of life and natural resources.
(D) Encourages the planning for and use of regional BMPs
(E) Encourages the use of Low-Impact Development design principles.
(F) Implements waterway buffers.
(G) Encourages use of low-maintenance on-site BMPs.
(H) Encourages a series of multiple BMP treatment systems.
(Ord. No. 24-14, § 1, 12-16-14)
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