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A. Signature, Certification Required: An erosion control plan (ECP) or stormwater pollution prevention plan (SWPPP) submitted with an application for a permit must bear the signature and certification number of an individual who has successfully completed a City approved training course and who has demonstrated competence, through education, training and knowledge of the applicable laws and regulations, in erosion and sediment.
B. Permit Issuance: The PDS shall review all submitted ECPs and issue a permit for each approved ECP.
C. Partial Approval: An ECP may be approved in whole or in part. If only part of the erosion control plan has met approval, only that section of the project for which the plan has been approved, shall be allowed to commence.
D. Nonissuance Of Permit; Notice; Appeal: If an ECP is not approved, a permit will not be issued, and the applicable construction activity will not be allowed to commence. Notice of this decision shall be sent to the applicant and a new erosion control plan will be required prior to the issuance of a permit. An applicant may appeal a decision not to approve an ECP pursuant to the provisions of section 9-14-3-2 of this chapter.
E. Information Required: ECPs shall include the following:
1. An ECP which discusses, with supporting technical documentation, the strategy of the proposed erosion control plan, and including significant details of the BMPs which will be utilized. This report shall be typed, except for computational sheets, in good technical form, on eight and one-half inch by eleven inch (81/2" x 11") paper and bound in a covered binder. Maps, diagrams and figures, shall be clearly labeled and folded to fit within the report. The report shall contain the title on the outside of the binder and include a title sheet, table of contents, list of figures and tables, and the narrative or body, in that order. The narrative shall contain an introduction, analysis and conclusion.
2. A site drawing of existing and proposed conditions, including:
a. Property boundaries and lot lines.
b. North arrow, scale and date.
c. Excavations, grades, paved areas, pond elevations, structures and utilities.
d. Drainage easements.
e. Benchmark.
f. Surface water and wetlands, drainage patterns and watershed boundaries, if present.
g. Location of vegetative cover.
h. Location of BMPs.
i. Dewatering channels, basin(s), advanced treatment system (ATS) and other BMPs for dewatering.
j. Authorized nonstormwater discharge(s).
3. A topographic survey showing drainage and irrigation water conveyance systems and finished grade contours at two foot (2') intervals. Sites less than one acre, with less than two percent (2%) cross grades, may submit grade spot elevations of the property line and other required points in lieu of the topographic study.
4. Provide notification to the construction site operator(s) if the project is required to obtain coverage under the NPDES construction general permit.
5. Provide contact information for other agencies requiring notification of any activity related to the permit as applicable.
6. A description of the receiving waters.
7. A plan of new or modified drainage systems, including system dimensions.
8. All located in areas which are regulated by the Boise foothills development ordinance (title 11, chapter 11-07 of this Code) shall have all erodible soils designated and classified using the Unified Soil Classification System (USCS). An engineering geology or geotechnical report, prepared by a registered geologist or geotechnical engineer, and providing recommendations for erosion control, may be required if a determination is made that additional information is necessary to assess the ECP.
9. Location and schedule of soil disturbance.
10. A description of all applicable sediment, erosion, runoff, administrative and good housekeeping controls to be implemented.
11. A BMP inspection and maintenance schedule.
12. The final vegetation, landscape and permanent stabilization measures.
13. The name, title, address and telephone number of the landowner or owner's representative.
14. Any other information used to prepare the ECP, such as geologic reports prepared by a registered geologist, maps and geotechnical engineering reports prepared by a registered engineer, and soil surveys. Photographs should be included or cited by reference.
F. Stormwater Management Plan: If the applicant submitting an erosion control plan has an approved stormwater management plan which contains the requirements listed above, the applicant may file proof of the approved stormwater management plan in lieu of submitting a new ECP.
G. Modifications; Fee: ECPs may be modified at the permit holder's request upon an approved application for modification and payment of the applicable fee. Any modification deemed by PDS to be minor may be approved on site by an authorized enforcement agent without the need for a formal application and fee payment. The authorized enforcement agent shall document the modification on a field report or correction notice, and the approved plans, with a dated signature.
H. Order Of Revised Plan; Appeal: If an authorized enforcement agent determines the facilities or techniques of an ECP are not effective or sufficient after prior approval, and is having an impact on public property or private property not controlled by the permit holder, or is placing the City in violation of its NPDES permit, the agent may order a revised plan be submitted within a reasonable time period. If the revised plan is not acceptable or is not immediately implemented upon approval, the permit may be suspended or revoked. Any decision of the authorized enforcement agent or PDS may be appealed pursuant to section 9-14-3-2 of this chapter.
I. Emergency Control Measures: Emergency control measures may be ordered when erosion products are actually leaving the site or sediment deposition is occurring. These measures will not relieve the duty to file a revised plan if ordered. (Ord. 48-14, 12-16-2014, eff. 1-1-2015)
The design, testing, installation and maintenance of erosion controls, as detailed in the erosion control plan, shall be in accordance with the Idaho Department of Environmental Quality Catalog of Stormwater Best Management Practices for Idaho Cities and Counties or the manufacture's specifications, and shall be based on the following conditions, goals and expectations:
A. Soil Exposure: Minimization of soil exposure through phasing of projects;
B. Landslides, Erosion: Prevention of landslides, slope failures, gully developments and hill erosion at hillside locations;
C. Final Stabilization: Establishment of final stabilization measures of exposed soil areas resulting from land disturbing activities (refer to definition of final stabilization under section 9-14-1-3, "Definitions", of this chapter);
D. Deposit, Tracking Mud, Debris: All necessary action shall be taken to minimize the depositing and tracking of mud, dirt, sand, gravel, rock or debris on the public right-of- way. The owner of the site of the construction activity or the permit holder with respect to the construction site shall be responsible for any clean up of the public rights-of-way or private property not under the permit holder's control necessitated from any tracking or depositing of mud, dirt, sand, gravel, rock or debris, or shall reimburse the City for any expenses incurred by the City to effectuate the clean up;
E. Construction Ramps: Construction ramps shall be constructed of material that will not erode or deteriorate under adverse conditions, and shall not be placed in a manner as to interfere with or block the passage of stormwater runoff;
F. Sediment Damages: Prevention of sediment damages to storm drain systems;
G. Temporary Sediment Basins: Use of temporary sediment basins in compliance with the Federal construction general permit;
H. Downstream Erosion: Control of stormwater discharge to minimize downstream erosion;
I. Waterways, Outlets: Stabilization of waterways and outlets prior to conveying water;
J. Stormwater Inlets: Protection of stormwater inlet structures from sediment during construction;
K. Washout Basins: Washout basins for concrete, stucco, non-VOC paints, drywall adhesive and similar substances;
L. Access Routes: Construction of access routes;
M. Sediment Disposal: Control measures for disposal of sediment from temporary erosion and sediment control devices;
N. Maintenance Of Facilities: Maintenance of erosion and sediment control facilities and practices and installed best management products so they remain effective;
O. Material Delivery; Site Parking: Control measures to accommodate construction material delivery and construction site parking;
P. Building Waste: Control measures for disposal of construction and building waste used during construction and site clean up;
Q. Stormwater Controls: Stormwater runon and runoff controls;
R. Dust Suppression: Provisions for dust suppression, including treatment of disturbed surface areas with dust suppressants during all activities until site stabilization has occurred. These provisions must include one or any combination of the following:
1. Application of chemical stabilization to unstabilized roads, vehicle parking areas, or other disturbed surface areas.
2. Application of dust suppressants on disturbed surface areas.
3. Application of water to disturbed surface areas or prior to initiating any construction activity.
4. Sweeping and cleaning street locations used for vehicle exits from construction sites.
5. Application of temporary seed, vegetation or other control methods approved by PDS.
6. Sequencing of activities.
7. Preservation of vegetation.
8. Monitoring of local weather forecast;
S. Pollutants: Dewatering process and procedures which will remove pollutants in discharges that will comply with all applicable water quality standards for the receiving waters;
T. Buffers: Maintain adequate buffers or equivalent between construction limits and waters of the U.S and waters of the State to comply with Idaho Water Quality Standards and consistent with the most current construction general permit;
U. Turbidity Monitoring: Turbidity monitoring may be required at construction sites that directly discharge to a water body, as required by the most current construction general permit or the State;
V. Soil Compaction: For sites disturbing one acre or greater, soil compaction shall be minimized on areas of the site where final vegetative stabilization will occur or where surface infiltration practices will be installed. If soil compaction cannot be avoided, appropriate soil conditioning techniques shall be used;
W. Topsoil Preservation: For sites disturbing one acre or greater, native topsoil shall be preserved unless it is not technologically possible or economically practicable;
X. Structure Removal: Removal of all structural Best Management Practices upon achieving final stabilization of the site. (Ord. 48-14, 12-16-2014, eff. 1-1-2015)
A. Inspections Required; Report: All permitted sites shall conduct self-inspections to verify compliance with the permit conditions and this chapter. The inspection reports shall be documented and kept with the permit and/or erosion control plan.
B. When Inspection: Inspections shall be performed at least monthly and after a storm event of one-fourth inches (1/4") or greater within one business day of the storm event.
C. Projects Discharging To Water Body: All projects discharging to a water body impaired for sediment or a sediment related parameter, per the most current Idaho DEQ Integrated Water Quality Monitoring and Assessment Report, must inspect the site every seven (7) days and after a storm event of one-fourth inches (1/4") or greater.
D. Corrective Action: Corrective actions must be initiated within twenty four (24) hours of identifying a violation and shall be completed within seven (7) days. If it is infeasible to complete the corrective action within seven (7) days, the reason must be documented. (Ord. 48-14, 12-16-2014, eff. 1-1-2015)
A. Authority: The City maintains the right to prescribe and regulate the fees or charges associated with obtaining a permit pursuant to this chapter.
B. Required; Incorrect Fee: The City shall set reasonable fees for the application for a permit. Such fees shall be required upon initial application, as well as for any requests for modifications of erosion control plans and requests for variances. If, after review of the plan, it is determined by the Director an incorrect fee has been collected, the fee will be adjusted to the correct amount. (Ord. 8-15, 3-10-2015, eff. 5-1-2015)
C. Fees Specified: The required permit fees are based on the nature or size of the permitted area and are for the purpose of providing administration and enforcement of the provisions of this chapter. The permit fees shall be in such amounts as established by the City Council. (Ord. 8-15, 3-10-2015, eff. 5-1-2015; amd. 2019 Code)
D. Double Fee: The above listed fees shall be doubled if the construction activity is commenced prior to the issuance of the permit, except where an emergency situation has been recognized by the Director. Payment of the doubled fee shall not preclude the City from taking any other enforcement actions within its authority.
E. Resubmittal Of Application: The fee necessary to resubmit an application for an expired permit shall be one-half (1/2) the above listed fees. (Ord. 8-15, 3-10-2015, eff. 5-1-2015)
A. Certificate; Fee: Any person who successfully completes a City approved training program shall receive a City Certificate of Training, upon payment of a fee in such amount as established by the City Council. Successful completion of the applicable City certificate training program shall authorize the person to perform the functions of plan designer or responsible person as specified by the certificate.
B. Interim Certificates; Fee: Interim certificates can be obtained prior to the completion of a City approved training program by submitting an enrollment request form to the PDS with an interim certification fee in such amount as established by the City Council. An interim certificate issued by the City shall remain for ninety (90) days; holders will be required to attend an approved training class prior to the ninety (90) day expiration period. Interim certificates are not renewable. (Ord. 48-14, 12-16-2014, eff. 1-1-2015; amd. 2019 Code)
C. Request Form: The enrollment request form for an interim certificate or the training program shall contain the name, address and telephone number of the person receiving the certification, as well as that person's employer, and a brief description of the duties performed by the person to receive the certification.
D. Responsible Person Requirements: A certified responsible person shall be directly in charge of all sites of construction activity regulated by this chapter. A responsible person must meet one of the following requirements:
1. Certified responsible person (RP);
2. Interim certificate holder;
3. Certified homeowner certification (HOC) may be used for day to day control over the erosion control permit, plan and/or conditions in lieu of the regular RP certification under the following conditions:
a. Single-family remodel and additions (not new structures);
b. Sites are not located in environmentally sensitive areas (ES);
c. An on site conference with a City erosion inspector is required prior to commencing any land disturbing activities. The conference will be scheduled by the HOC after the City permits have been issued. Upon completion of the on site conference, a site preparation inspection with an associated pass of the inspection will be required. After the site preparation inspection has passed, additional work can commence;
d. The construction project is the primary residence of the person with the HOC. (Ord. 48-14, 12-16-2014, eff. 1-1-2015)
A. Approved Instructor; Fee: For a training program to be approved, it must be taught by an approved instructor certified by the City. A person may apply for certification by submitting a letter of application, a fifty dollar ($50.00) application fee, and a resume detailing educational history and experience in the area of erosion control. They must be able to demonstrate knowledge of the principles of: (Ord. 48-14, 12-16-2014, eff. 1-1-2015; amd. 2019 Code)
1. Erosion;
2. Sediment transport and deposition;
3. Erosion and sediment control technology, implementation and maintenance;
4. Local ordinances regulating erosion and sediment control, including this chapter;
5. Federal NPDES regulations.
B. Determination By Director: The Director shall determine approval of a request for instructor certification by an analysis of the person's demonstrated competence, experience, education, training and understanding of the applicable laws, regulations and ordinances.
C. Validity Of Instructor Certification: An instructor's certification shall be valid for three (3) years from the date of issuance.
D. Class Completion Notification: After each class held by a certified training instructor, the instructor shall notify the Director of all persons who have successfully completed the program, including their names, addresses, telephone numbers and employers. Certification will be sent by the Director to applicants who have successfully completed the program.
E. Program Preapproval: A training program must be preapproved by the Director and must include educational materials on the following subjects:
1. Ecological and resource value of the waters of the State and the U.S.;
2. The proper and effective methods of erosion and sediment control implementation and maintenance, and the benefits of such;
3. Recognition of improperly implemented erosion and sediment control BMPs and the methods of correction;
4. The purpose and provisions of any laws, regulations and ordinances on erosion and sediment control, including this chapter;
5. A description of sediment as a pollutant;
6. The processes of erosion, sediment transport and sediment deposition;
7. The required responsibilities of supervisory and enforcement personnel pursuant to this chapter;
8. The effect of storms on erosion control measures;
9. Emergency remedial action;
10. Dewatering practices;
11. Management of hillsides;
12. Proper measures for areas subject to flooding, including those outside the floodplain; and
13. The difference between erosion control and sediment control.
F. Certificate Validity: A City Certificate of Training shall be valid for three (3) years from the date of issuance. A change of employment has no effect on the validity of the certificate. A certificate holder must attend the next available training program after three (3) years has elapsed. If the certificate holder does not attend a training program as directed, the certificate shall expire the day following the designated program.
G. Other Certifications: Certifications from other cities, states or associations may be accepted upon approval of the Director, when the applicant can demonstrate the prior certification was based on standards similar to those found in this chapter. (Ord. 48-14, 12-16-2014, eff. 1-1-2015)
H. Lost Certificate Replaced; Fee: Lost certificate of trainings will be replaced by the City for a fee in such amount as established by the City Council. (Ord. 48-14, 12-16-2014, eff. 1-1-2015; amd. 2019 Code)
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