(A) Permittee performed inspections and maintenance.
(1) Permittee performed inspections (self inspections) must be performed by a qualified professional.
(2) Inspections shall be performed at all control measures every 14 days and within 24 hours of a one-quarter (0.25) inch rain event. The inspections will determine the overall effectiveness of the grading and stormwater pollution prevention plans, needed maintenance activities and the need for additional control measures.
(3) All inspections shall be documented in written form and made available to the county or submitted at the time interval specified in the approved permit.
(4) Inspections shall be performed consistent with specific visual maintenance checklists approved by the county.
(5) Documentation of permittee performed inspections and inspection findings shall be kept on site, if appropriate facilities (such as a project trailer or building) are available. In the event, that appropriate facilities are not available then a copy of the most recent inspection shall be displayed at the site along with other documents that must be displayed to the public per other local, state and federal regulations.
(6) Documentation of permittee performed inspections and inspection findings shall be made available within three days of a request by the county or designated agent. Failure to post or timely submit documentation as requested will be assumed to indicate that inspections were not performed and may result in corresponding enforcement procedures.
(7) Inspection documentation reports shall include, but are not limited to:
(a) The address of the site;
(b) The parcel identification number;
(c) The name of the owner or owner’s agent;
(d) The location of the stormwater system(s);
(e) A description of the current operational or functional status of the stormwater system(s). For sediment control structures, an indication of used and remaining, capacity (fraction, percentage, depth or volume) shall be given to identify when the control must be cleaned out;
(f) Identification of any necessary repairs, sediment/debris removal or replacement of all or portions of the stormwater system(s);
(g) The results of any field or laboratory analyses performed;
(h) Other relevant or unusual observations related to the system(s);
(i) Action plan to prevent premature stormwater system failure as consistent with the stormwater quality management permit provisions; and
(j) Action plan to prevent the premature system failure that exceeds the stormwater quality management permit provisions, but are necessary to prevent stormwater pollution from leaving the site.
(B) Oversight inspections.
(1) The county or designated agent have the authority to periodically inspect the site of land disturbing activities for which permits have been issued. the county may make inspections of the site at their discretion and shall either approve the portion of the work completed or shall notify the permittee wherein the work fails to comply with the grading or stormwater pollution prevention plans as approved or is ineffective (regardless of consistency with an approved grading plan).
(2) The county or its designated agents inspections and findings will be presented and reviewed with the permittee at the time of inspection (as available to site personnel), and be available in the county permit file within seven days.
(3) In order to obtain inspections, the permittee shall notify the county at least two working days before the following activities:
(a) Perimeter/outfall protection permit approval - prior to the initiation of the project after perimeter protection erosion prevention and sediment control practices have been installed, but prior to disturbance of the remaining site;
(b) Bond release inspections; and
(c) Upon completion of the project in order to receive approval to cease permittee inspections in compliance with the stormwater quality management permit.
(4) The county or its designated agent may identify any repairs, sediment/debris removal or replacement of all or portions of the stormwater system(s) necessary to comply with the objectives of this chapter and the stormwater quality management permit.
(5) The county or its designated agent may develop and require the implementation of an action plan and compliance schedule that prevents the premature stormwater quality management system failure as consistent with the stormwater quality management permit provisions.
(6) The county or its designated agent may develop and require the implementation of an action plan to prevent the premature system failure that exceeds the stormwater quality management permit provisions, but are necessary to prevent stormwater pollution from leaving the site.
(C) Maintenance.
(1) Maintenance must be performed under the direction and/or supervision of a qualified professional.
(2) Maintenance of erosion prevention, sediment control and pollution prevention practices shall be performed according to the grading and pollution prevention plans.
(3) Maintenance activities shall be performed in accordance with action plans developed through the course of permittee performed inspections. This may represent activities that exceed provisions of the grading and pollution prevention plans, but are necessary to prevent stormwater pollution from leaving the site.
(D) Qualified professional registration and certification.
(1) A qualified professional is required to perform routine inspections and direct and/or supervise maintenance activities to ensure that the stormwater quality management permit provisions are being implemented properly.
(2) All qualified professionals performing inspections or overseeing maintenance activities under this chapter must be registered with the county and certified prior to execution of those actions. All applicants must file an application with the county. Applicants must demonstrate knowledge of: construction practices; operational standards; cause and failure indicators; and maintenance measures used to prevent and correct failures.
(3) The county reserves the right to require that qualified professional applicants pay a registration fee.
(4) The county reserves the right to require that qualified professional applicants satisfactorily complete a training course approved by the county.
(5) The county reserves the right to require that qualified professional applicants be re-certified as often as every five years.
(6) The county reserves the right to require that qualified professional applicants successfully pass a written exam covering construction practices, operational standards, causes and indicators of stormwater quality management system failures and corrective actions as approved by the county.
(7) The county may de-certify any qualified professional under one or more of the following circumstances:
(a) The individual fails to comply with the regulation;
(b) The county determines that the individual is incompetent;
(c) The individual is unable to properly perform an evaluation of a stormwater quality management system;
(d) The individual is negligent in the discharge of its duties as outlined in the certification requirements;
(e) The individual submits false or misleading information; and/or
(f) The individual does not maintain the required certification as required by this chapter.
(8) The county shall give written notice to a qualified professional before he or she is de-certified. The inspector shall be given an opportunity at an informal meeting with the county to demonstrate why he or she should not be de-certified. Any qualified professional who is de-certified may appeal that decision by following the procedure in § 52.11.
(9) If a qualified professional is de-certified, he or she may apply for re-certification contingent upon completing the requirements established in this chapter after a period of at least one year. Re-certification shall not be permitted prior.
(E) Responsibilities of the county.
(1) Administer and enforce this chapter;
(2) Develop and administer a process for certifying qualified professionals;
(3) Maintain a list of certified qualified professionals;
(4) Require corrective actions where there is evidence of a system failure; and
(5) Establish criteria for the inspections and the certification of qualified professionals and make such criteria and related forms available to the public.
(F) Fees.
(1) The county reserves the right to require fees to cover expenses, including, but not limited to, overhead, labor, storage, training and the like, associated with the certification, training and inspection process.
(2) Fees shall be paid prior to a certification training course and/or exam.
(Ord. 20-2004, passed 12-16-2004)