(a) This regulation requires that when a proposed soil-disturbing activity, land clearing, grading, excavating, filling and timbering project on land used or being developed, either wholly or partially, for non-farm residential, commercial, industrial, recreational or other non-farm purposes consisting of one or more contiguous acre of land owned by one person or operated as one development unit for the construction of non-farm buildings, structures, utilities, recreational areas or other limited non-farm uses, the owner of said land shall prepare and file with the Stark SWCD a Storm Water Pollution Prevention Plan (SWPPP). Areas of less than one contiguous acre shall not be exempt from compliance with other provisions of these rules, including but not limited to installing and maintaining erosion/sediment control practices to prevent sediment from depositing into local creeks, ditches, ponds or onto existing landowners' properties.
(b) The submitted plan must be approved by the Stark SWCD before the start of any soil-disturbing activity. The plan must be designed by a qualified professional, preferably certified in the field of erosion/sediment control, and be sealed by a registered professional engineer in the State of Ohio.
(c) The SWPPP plan shall be submitted to the Stark SWCD for review no less than 30 days before any soil-disturbing activity at the proposed site.
(d) Erosion and sediment control practices used to satisfy the performance criteria of these rules shall meet the specifications provided in the most current edition of The Ohio Rainwater and Land Development Manual, Ohio's Standards for Storm Water Management and Land Development and Urban Stream Protection, published by the Ohio Department of Natural Resources or other approved equals. The Stark SWCD and or City engineer shall review any new or innovative practice before incorporating them into a plan.
(e) The SWPPP must meet minimum requirements listed in the most recent Ohio EPA construction general permit and shall be accompanied by proof of compliance and/or notification with required natural resource permits and documentation relevant to the project, including:
(1) Proof of compliance with the Ohio Environmental Protection Agency (OEPA) General Storm Water National Pollution Discharge Elimination System (NPDES) permit. Proof of compliance shall be a copy of NPDES permit Notice of Intent (NOI), and/or a copy of the NPDES permit number, and/or a copy of OEPA Director's Authorization letter for the NPDES permit.
(2) Proof of compliance with Section 404 of the Clean Water Act administered by the U.S. Army Corps of Engineers for streams, wetlands, and waterways under its jurisdiction. Proof of compliance shall be a copy of the U.S. Army Corps of Engineers permit number, and/or project approval letter from a U.S. Army Corps of Engineers agent. A wetland delineation must be verified by the U.S. Army Corps of Engineers.
(3) Proof of compliance with the Ohio Dam Safety Law administered by ODNR Division of Water. Proof of compliance shall be a copy of the ODNR permit number, and/or project approval letter. If the dam is exempt from the Ohio Dam Safety Laws, a letter from the site owner certifying and explaining the criteria for exemption is required.
(4) Proof of compliance with Section 401 of the Clean Water Act. Proof of compliance shall be a copy of the Ohio EPA Certification application tracking number, public notice, project approval, or a letter from the site owner certifying that a qualified professional has surveyed the site and determined that Section 401 of the Clean Water Act is not applicable. Wetlands, and other waters of the United States, shall be delineated by protocols accepted by the U.S. Army Corps of Engineers at the time an application is made under this regulation.
(f) The owner and/or developer of said land shall meet with the Stark SWCD for a pre- construction meeting no less than seven days prior to soil-disturbing activity at the site. It is the responsibility of the developer/contractor to contact the SWCD to schedule a meeting date.
(g) The developer's delegated representative shall perform first inspection of erosion and sediment control practices to certify that the practices comply with the approved plan no less than two working days after the start of the project. An inspection report confirming this should be completed by the developer's delegated representative and if requested, sent to the Stark SWCD confirming said inspection.
(h) If the site is or plans to remain active through the winter months, a pre-winter stabilization meeting shall be held by the developer of said land and/or delegated representative of the project and the Stark SWCD prior to October 1.
(i) Upon completion of all construction and final stabilization of the entire construction site, the owner or delegated representative of said land shall contact the Stark SWCD through written notification that construction is complete and final stabilization, as specified in the Rainwater and Land Development Book, has been achieved.
(Ord. 37-09. Passed 12-15-09.)