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(A) General requirements for construction activities.
(1) Except for construction activity relating to the building phase of development, the city shall require proof of coverage by a NDEE general permit authorization for stormwater discharges from construction sites before providing approval for construction activity covered in § 54.05 of this code.
(2) A pre-construction meeting shall be scheduled with the City Engineer or designated representative to review the installation of all temporary erosion and sediment control BMPs included on the approved erosion and sediment control plan at least two business days before any construction activities are scheduled to start.
(3) Solid waste, industrial waste, yard waste and any other pollutants or waste on any construction site shall be controlled through the use of BMPs. Waste or recycling containers shall be provided and maintained by the owner or contractor on construction sites where there is the potential for release of waste. Uncontained waste that may blow, wash or otherwise be released from the site is prohibited. Sanitary waste facilities shall be provided and maintained in a secured manner.
(4) Ready-mixed concrete or any materials resulting from the cleaning of vehicles or equipment containing such materials or used in transporting or applying ready-mixed concrete shall not be allowed to discharge from any construction site.
(5) Cover or perimeter control shall be applied within 14 days to any soil stockpiles that will remain undisturbed for longer than 30 calendar days.
(6) Disturbed soil shall be managed with BMPs that are adequately designed, installed and maintained according to locally-approved technical standards, specifications and guidance for the duration of the construction activity to minimize erosion and contain sediment within the construction limits.
(7) Sediment tracked or discharged on public right-of-way shall be removed immediately.
(8) Bulk storage structures for petroleum products and other chemicals shall have adequate protection to contain all spills and prevent any spilled material from entering the MS4 or waters of the state.
(9) Temporary BMPs shall be removed and disturbed areas shall be stabilized with permanent BMPs at the conclusion of all approved construction activity.
(B) Requirements for the building phase of development. Any person who engages in construction activity is responsible for compliance with this chapter and all applicable terms and conditions of the approved construction activity and SWPPP as it relates to the building phase of development. The following information shall be included with the application for a building permit and be submitted to the City Engineer:
(1) Either the legal description and NPDES permit number for the larger common plan of development or the location of the property where the building phase of development is to occur;
(2) A certification that the building phase of development for the property described on the application for a building permit will be conducted in conformance with this chapter and the construction activity SWPPP; and
(3) A copy of the SWPPP as required by NPDES permit will be reviewed and approved by the City Engineer before a construction permit will be granted to commence construction activity.
(C) Construction stormwater pollution prevention plan.
(1) A SWPPP shall be prepared and updated in accordance with locally-approved technical standards, specifications and guidance for construction activity within the city and shall include an erosion and sediment control plan for land disturbance.
(2) SWPPP shall include a description of all potential pollution sources, temporary and permanent BMPs that will be implemented at the site as approved by the city.
(3) The erosion and sediment control plan shall be submitted to the City Engineer or designated representative for review with any application covered in § 54.05 of this code.
(4) Land-disturbing activities may not proceed until approval of the erosion and sediment control plan is provided by the City Engineer or designated representative.
(5) The owner or operator is required to have a copy of the SWPPP readily available for review with content that reflects the current condition of the construction activity and all records that demonstrate compliance and are required by this chapter.
(6) The SWPPP shall include a description of routine site inspections.
(a) The owner, if certified, or his or her certified representative shall inspect all BMPs at intervals of no greater than 14 calendar days and within 24 hours after any precipitation event of at least one-half inch.
(b) Inspections of BMPs shall be conducted by a certified individual or person knowledgeable in the principles and practice of erosion and sediment controls who possesses the skills to assess conditions at the construction site that could impact stormwater quality and to assess the effectiveness of any erosion and sediment control measures selected to control the quality of stormwater discharges from the construction activity.
(c) Inspection reports shall provide the name and qualification of the inspector, date of the evaluation, risks to stormwater quality identified and all corrective actions necessary to prevent stormwater pollution.
(d) The owner or operator of a construction activity may be requested to submit copies of inspection reports for review on a periodic basis by the city.
(7) Based on inspections performed by the owner, operator, authorized city personnel, state or federal regulators, modifications to the SWPPP will be necessary if, at any time, the specified BMPs do not meet the objectives of this chapter. In this case, the owner shall meet with an appointed official of the city to determine the appropriate modifications. All required modifications shall be completed within seven calendar days of receiving notice of inspection findings and shall be recorded in the SWPPP.
(8) The owner or operator of a construction site shall be responsible for amending the SWPPP whenever there is a significant change in design, construction, operation or maintenance, which has a significant effect on the potential for discharge of pollutants to the MS4 or receiving water or if the SWPPP proves to be ineffective in achieving the general objectives of controlling pollutants in stormwater discharges associated with land disturbance.
(9) Records of inspection are to be maintained with the SWPPP for the life of the project. Inspection records are to be available to city inspectors upon request. Delay in providing a copy of the SWPPP or any requested records shall constitute a violation of this chapter.
(D) Requirements for utility construction.
(1) Utility agencies or their representatives shall develop and implement BMPs to prevent the discharge of pollutants on any site of utility construction within the city. The city may require additional BMPs on utility construction activity. If the utility construction disturbs greater than one acre, the utility agency must comply with the requirements of divisions (A) and (B) above.
(2) Utility agencies or their representatives shall implement BMPs to prevent the release of sediment from utility construction sites. Disturbed areas shall be minimized, disturbed soil shall be managed and construction site exits shall be managed to prevent sediment tracking. Sediment tracked on to public right-of-way shall be removed immediately.
(3) Prior to entering a construction site or subdivision development, utility agencies or their representatives shall obtain and comply with any approved erosion and sediment control plans for the project. Any impact to construction and post-construction BMPs resulting from utility construction shall be repaired by the utility company within 48 hours.
(Prior Code, § 54.08) (Ord. 18-32, passed 9-4-2018)
(A) Post-construction requirement of permanent BMPs.
(1) Land development that meets the requirements of § 54.05 of this code must address stormwater runoff quality through the use of permanent BMPs. Permanent BMPs shall be provided for in the drainage plan for any subdivision plat, annexation plat, development agreement, subdivision agreement or other local development plan.
(2) Structural BMPs located on private property shall be owned and operated by the owner(s) of the property on which the STF is located, unless the city agrees in writing that a person or entity other than the owner shall own or operate said STF. As a condition of approval of the STF, the owner shall also agree to maintain the STF in perpetuity to its design capacity unless or until the city shall relieve the property owner of that responsibility in writing. The obligation to maintain the shall be memorialized on the subdivision plat, annexation plat, development agreement, subdivision agreement or other form acceptable to the city and shall be recorded with the city’s Engineering Department.
(B) Certification of permanent BMPs. Upon completion of a project, and before a certificate of occupancy shall be granted, the city shall be provided a written certification stating that the completed project is in compliance with the approved final drainage plan. All applicants are required to submit “as built” plans for any permanent BMPs once final construction is completed and must be certified by a professional engineer licensed in the state. A final inspection by the city of all post-construction BMPs shall be required before a certificate of occupancy will be issued or any public infrastructure is accepted.
(C) Ongoing inspection and maintenance of permanent BMPs.
(1) The owner of site must, unless an on-site stormwater management facility or practice is dedicated to and accepted by the city, execute an inspection and maintenance agreement that shall be binding on all subsequent owners of the permanent BMPs.
(2) Permanent BMPs included in a final drainage plan which are subject to an inspection and maintenance agreement must undergo inspections to document maintenance and repair needs and to ensure compliance with the requirements of the agreement, the plan and this chapter.
(D) Timeline for post-construction criteria implementation.
(1) Proposed redevelopment. (Applies to lands which have been platted and previously built upon.) Stormwater treatment facilities must be accounted for on any proposed redevelopment project if it has not already submitted a complete preliminary plat or building permit for approval. Proposed redevelopment projects that are exempt from treatment are those that have already submitted a complete plat, preliminary plat or building permit for approval. Any non-exempt projects must account for a seventieth percentile rain event.
(2) Proposed new development. (Applies to lands which are being platted for development or have been platted but have not previously been built upon.) Stormwater treatment facilities must be accounted for on any proposed new development project that has not already submitted a complete preliminary plat or building permit for approval. Proposed new development projects that are exempt from treatment are those that have already submitted a complete final plat, preliminary plat or building permit for approval. Any non-exempt projects must account for an eightieth percentile rain event.
(Prior Code, § 54.09) (Ord. 18-32, passed 9-4-2018)
(A) All BMPs designed to meet the requirements of this chapter shall reference the appropriate technical standards, specifications and guidance as follows:
(1) City standards and specifications for construction;
(2) The Nebraska Department of Transportation drainage design and erosion control standards, specifications and guidance; and
(3) Any other alternative methodology, approved by the City Engineering Department, which is demonstrated to be effective.
(B) Further description of the post-construction stormwater management program can be found through the City Engineering Department.
(Prior Code, § 54.10) (Ord. 18-32, passed 9-4-2018)
(A) (1) Whenever the city has cause to believe that there exists, or potentially exists, in or upon any premises, any condition which constitutes a violation of this chapter, the owner or operator shall provide access to the premises at any reasonable time to determine if there exists an actual or potential violation of this chapter.
(2) In the event that the owner or occupant refuses entry after a request to enter has been made, the city is hereby empowered to seek assistance from a court of competent jurisdiction in obtaining such entry.
(B) The city shall have the right to employ such devices and undertake such inspection, on or off premises, as necessary, to determine whether the requirements of this chapter are met. The inspection may include, but is not limited to, the following:
(1) Sampling of any discharge and/or process waters;
(2) The taking of photographs;
(3) Interviewing staff on alleged violations and access to any; and
(4) All facilities or areas within the premises that may have any effect on the discharge.
(Prior Code, § 54.13) (Ord. 18-32, passed 9-4-2018)
Any person who violates a prohibition or fails to meet a requirement of this chapter will be subject, without prior notice, to one or more of the enforcement actions identified in § 54.12 of this code when attempts to contact the person have failed and the enforcement actions are necessary to stop an actual or potential discharge which presents or may present imminent danger to the environment or the health or welfare of person or to the MS4.
(Prior Code, § 54.15) (Ord. 18-32, passed 9-4-2018)
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