(A) General performance standards. Any person subject to a construction activity NPDES and/or OPDES stormwater discharge permit shall comply with all provisions of the permits. Proof of compliance with the permits may be required in a form acceptable to the administrator prior to the allowing of discharges to the MS4. All construction activities including, but not limited to, the development, excavation, clearing, grading, re-grading, paving, landfilling, berming, and diking of land shall be conducted in a manner as to minimize erosion and prevent the discharge of pollutants, including, but not limited to, rock, sand, soil, discarded building materials, concrete truck washout, chemicals, litter and sanitary waste into the city municipal separate storm sewer system. Persons conducting the construction shall implement and maintain adequate structural and/or nonstructural BMPs for controlling erosion and preventing the discharge of pollutants to the MS4.
(B) Responsible person. The person with overall responsibility of the construction such as the general contractor shall be jointly responsible with the person at whose direction the construction is being conducted for compliance.
(C) Record keeping. The person or persons responsible shall retain and make available to the building inspector, code enforcement officer or the stormwater program manager for inspection and copying, all records and information required to be retained under this section or order issued hereunder.
(D) Permitting purpose. The purpose of permitting is to protect urban streams from sediment pollution by obtaining and reviewing proposed sediment and erosion control plans for major construction activities and to monitor all land disturbing activities.
(E) Land disturbing permit.
(1) Applicability. Unless specifically exempted, a land disturbing permit, as defined and regulated by this chapter, shall be obtained from the building inspector for any construction activities causing land disturbance on parcels over an acre in size within the city limits. The land disturbing permit must be obtained prior to commencement of any construction activities including, but not limited to, any development excavation, clearing, grading, regarding, landfilling, berming, and diking of land. The applicant is expected to keep sediment on the site.
(2) Application for a land disturbing permit. For each land disturbing permit, a written application from the owner of the site, or his or her authorized representative, shall be provided to the building inspector and submitted with the required land disturbing permit fee.
(3) Stormwater pollution prevention plan (SWP3) or sediment and erosion control plan requirements. For every construction site over an acre unless otherwise exempted, an SWP3 plan shall be prepared and shall include sufficient information to evaluate the environmental characteristics of the affected areas, the potential impacts of the proposed construction activities on water resources and the best management practices and other measures proposed to minimize soil erosion and prevent off-site sedimentation. All sediment and erosion control measures must be properly selected, installed, and maintained in accordance with the manufacturer's specifications and good engineering practices. All construction activities including, but not limited to the development, excavation, clearing, grading, landfilling, berming and diking of land shall be performed in accordance with the approved plan.
(4) A copy of all required state and federal stormwater discharge permits for the construction site shall be posted on site with the building permit.
(5) Permit duration. The permittee shall fully perform and complete all of the work required in the sequence shown on the plans. Permits issued under this section shall be valid for the period during which the proposed land disturbing or filling activities and soil storage takes place or is scheduled to take place, whichever is shorter, but in no event shall such a permit be valid for more than one year after cessation of construction activity.
(6) Responsibility of permittee. The permittee shall maintain a copy of the construction site stormwater discharge permit, approved site plan and other applicable paperwork on the work site and available for public inspection during all working hours. The permittee shall, at all times, be in conformity with the approved stormwater pollution prevention plan.
(7) General. Notwithstanding other conditions or provisions of the construction site, stormwater discharge permit, approved site plan and other applicable paperwork on the work site and available for public inspection during all working hours.
(8) Public ways. The permittee shall be responsible for the prompt removal of, and correction of damages resulting from any soil, miscellaneous debris or other materials washed, spilled, tracked, dumped or otherwise deposited on public streets, highways, sidewalks or other public thoroughfares, during transit to and from the construction site; and
(9) Liability. The permittee is responsible for safely and legally completing the project. Neither the issuance of a land disturbing permit under the provisions of this section, nor compliance with the provisions of this section, nor compliance with the provisions hereto or with any condition imposed by the city, shall relieve any person from responsibility for damage to persons or property resulting therefrom, or as otherwise imposed by law, nor impose any liability upon the city for damages to persons or property.
(10) Inspection and supervision. The city shall conduct construction site inspections upon receiving a complaint of violation of this section or otherwise as needed to evaluate compliance with this section.
(11) Maintenance during and after construction. For any property on which grading or other work has been done pursuant to a construction site stormwater discharge permit granted under the provisions of this section, the permittee or owner or an agent of the owner shall inspect all sediment and erosion control measures and other protective measures identified in the SWP3 at least once every 14 calendar days and within 24 days of the end of a storm event of one-half inch or greater and shall maintain and repair all sediment and erosion control measures, graded surfaces and erosion control facilities, drainage structures or means and other protective devices, plantings, and ground cover installed while construction is active.
(Ord. 1865, passed 8-21-12)