(A) Inspections and record keeping.
(1) Applicant responsibilities. The applicant is responsible for inspections and record keeping during and after construction for all privately-owned storm water treatment practices on the site.
(2) City inspections. The city reserves the right to conduct inspections on a regular basis to ensure that both temporary and permanent storm water management and erosion and sediment control measures are properly installed and maintained prior to construction, during construction, and at the completion of the project city inspections may occur at any time, including:
(a) Before any land disturbing activity begins;
(b) Before or during the installation of permanent storm water treatment systems;
(c) At the time of footing inspections;
(d) At the completion of the project; and
(e) Prior to the release of financial securities.
(B) Right of entry and inspection.
(1) The issuance of a permit constitutes a right-of-entry for the city and/or its authorized representatives to enter upon the construction site.
(2) The applicant shall allow the city and/or its authorized representatives, upon presentation of credentials, to:
(a) Enter upon the permitted site for the purpose of obtaining information, examining records, and conducting investigations or surveys;
(b) Bring such equipment upon the permitted development as is necessary to conduct such surveys and investigations;
(c) Examine and copy any books, papers, records, or memoranda pertaining to activities or records required to be kept under the terms and conditions of the permit;
(d) Inspect the storm water pollution control measures;
(e) Sample and monitor any items or activities pertaining to storm water pollution control measures; and
(f) Correct deficiencies in storm water and erosion and sediment control measures.
(C) Fees. Fees will be applied per city ordinance.
(D) Enforcement tools/stop-work orders. The city reserve the right to issue construction stop-work orders when cooperation on inspections is withheld or when a violation has been identified that needs immediate attention to protect human health and/or the environment. The following example highlights a scenario on a site where a stop-work order could be utilized. If storm water and/or erosion and sediment control management measures malfunction and breach the perimeter of the site, enter streets, other public areas, or water bodies, the city should assess the need for issuing a stop-work order. The applicant shall immediately develop a cleanup and restoration plan, obtain the right-of-way from the adjoining property owner if necessary, and implement the cleanup and restoration plan within 48 hours. If in the discretion of the city, the applicant does not repair the damage caused by the storm water runoff, the city can complete the remedial work required and charge the cost to the applicant. If payment is not made within 30 days, payment will be made from the applicant’s financial securities. An inspection by the city must follow before the construction project work can resume.
(1) Construction stop-work order. The city may issue construction stop-work orders until storm water management measures meet specifications and the applicant repairs any damage caused by storm water runoff. An inspection by the city must verify the storm water management measures meet the specifications before the construction project work can resume.
(2) Other actions to ensure compliance. The city may take any combination of the following actions in the event of a failure by applicant to meet the terms of this chapter:
(a) Withhold inspections or issuance of certificates or approvals;
(b) Revoke any permit issued by the city to the applicant;
(c) Conduct remedial or corrective action on the development site or adjacent site affected by the failure;
(d) Charge applicant for all costs associated with correcting the failure or remediating damage from the failure, if payment is not made within 30 days, payment will be made from the applicant’s financial securities; and
(e) Bring other actions against the applicant to recover costs of remediation or meeting the terms of this chapter.
(E) Long term inspection and maintenance of storm water facilities.
(1) Private storm water facilities.
(a) Maintenance plan required. No private storm water facilities may be approved unless a maintenance plan is provided that defines who will conduct the maintenance, the type of maintenance necessary to ensure effective performance, and the maintenance intervals. At a minimum, all private storm water facilities shall be inspected annually and maintained in proper condition consistent with the performance goals for which they were originally designed.
(b) Facility access. Access to all storm water facilities must be inspected annually and maintained as necessary. The applicant shall obtain all necessary easements or other property interests to allow access to the facilities for inspection or maintenance for both the responsible party and the city.
(c) Removal of settled materials. All settled materials, including settled solids, shall be removed from ponds, sumps, grit chambers, and other devices, and disposed of properly.
(d) Inspections. All storm water facilities within the city shall be inspected by the city during construction, during the first year of operation, and at least once every five years thereafter.
(2) Public storm water facilities; acceptance of publicly-owned facilities. Before work under the permit is deemed complete, the permittee must submit as-builts and a maintenance plan demonstrating at the time of final stabilization that the storm water facilities conform to design specifications. A final inspection shall be required before the city accepts ownership of the storm water facilities.
(Ord. 2016-06, passed 5-23-2016)