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§ 34.110   INSPECTION AND MONITORING
   (A)   Inspection. Whenever the Enforcement Agency of the City of Berea has cause to believe that there exists, or potentially exists, any condition which constitutes a violation of this section, the Enforcement Agency of the City of Berea may enter the suspect property, MS4, community waters and waters of the Commonwealth at all reasonable times to inspect the same. If it is determined an illicit discharge emanates from private premises, the owner or operator of the premises will be notified in accordance with the provisions of this section. Copies of records of stormwater compliance shall be provided to the Enforcement Agency of the City of Berea.
   (B)   Sampling devices and testing. During any inspection as provided herein, the Enforcement Agency of the City of Berea may take any samples and perform any testing deemed necessary, including long-term monitoring, to aid in the pursuit of the inquiry or to record site activities. The cost of all testing may be passed on to the owner or operator of the premises where the illicit discharge emanates.
(Ord. No. 24-14, § 1, 12-16-14)
ARTICLE III. EROSION PREVENTION AND SEDIMENT CONTROL
§ 34.200   PURPOSE
   The requirements set forth in this section are intended to protect the general health, safety, and welfare of the citizens of Berea, and more specifically are intended to:
   (A)   Conserve, preserve, and enhance the natural resources of Berea, including its soils, waters, vegetation, fish and wildlife;
   (B)   Control soil erosion and sedimentation arising from development and other land disturbing activities (e.g., clearing and grading), to prevent adverse impacts and offsite degradation, including short-term and long-term damage to public and private property within the city limits of Berea; and
   (C)   Control waste from construction site operators that may cause adverse impacts to water quality.
(Ord. No. 24-14, § 1, 12-16-14)
§ 34.201   LAND DISTURBANCE PERMIT
   Land Disturbance Permits (LDP) are required for all site construction projects and/or land disturbance activities, depending on the amount of disturbed areas.
   (A)   The Land Disturbance Permit alone does not authorize or grant permission to begin development or redevelopment on the property. It does not supersede other permits required by the city, state or federal government.
   (B)   Project site owners shall submit an application for an LDP on forms provided by the city.
   (C)   Applications for a Land Disturbance Permit shall be submitted to the city and must include a:
      (1)   Completed application request;
      (2)   Notice of Intent (NOI), with proof of public notice;
      (3)   A perimeter control plan (PCP) and Erosion Protection and Sediment Control Plan (EPSC);
      (4)   Storm Water Pollution Prevention Plan (SWPPP);
      (5)   Post-Construction Stormwater Pollution Prevention Plan;
      (6)   Any required maintenance agreement; and
      (7)   Any other necessary information or documentation requested by the city.
   (D)   The PCP is a component of the Erosion Protection and Sediment Control Plan (EPSC). While both plans may be approved simultaneously, the provisions of a PCP shall be implemented, inspected and accepted by the city before any other construction proceeds.
   (E)   The landowner must notify the city and the Kentucky Division of Water (KDOW) within seven (7) days prior to the commencement of construction activities through the submittal of an updated NOI.
   (F)   Upon completion of construction activities, stabilization of the project site and removal of all temporary erosion protection and sediment control measures, the applicant shall submit a Notice of Termination (NOT) as required by the KDOW. The city, or its designated representative, shall inspect the project site to verify that the requirements of the NOT have been met.
   (G)   The city reserves the right to require a checklist of necessary items to be completed and included with the Land Disturbance Permit application submittal. Upon submittal, the LDP application shall be rejected in its entirety should any item on the checklist be incomplete.
   (H)   The city reserves the right to collect fees associated with LDP application, plan review, and inspections from the applicant.
(Ord. No. 24-14, § 1, 12-16-14)
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