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(A) Title. This chapter shall be known, cited, and referred to as the “Erosion and Sediment Control Chapter of the City of Danville, Vermilion County, Illinois.”
(B) Purpose. These regulations are adopted in order to accomplish the following specific purposes:
(1) To safeguard persons and protect property from the hazards and negative impacts of soil erosion created by land disturbing activities.
(2) To preserve and enhance water quality by preventing silt laden water from reaching creeks, channels, streams, wetlands, and other public waterways.
(3) To prevent storm water flooding caused by silt clogging storm water management infrastructure, such as storm sewers, inlets and receiving channels or streams.
(4) To promote public welfare by guiding, regulating and controlling the design, construction, use and maintenance of any development or other activity that disturbs soil on land situated within the city.
(5) To uphold the applicable requirements of the NPDES MS4 permit, and IL40 permit.
(6) To conserve, preserve and enhance the natural resources of the city including its soils, waters, vegetation, fish, and wildlife.
(Ord. 9098, passed 5-16-17)
For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Any term not specifically defined herein shall be as defined in Chapter 162.
“AASHTO.” American Association of State Highway and Transportation Officials.
“ADMINISTRATOR.” The Director of Urban Services or his or her designee.
“AGRICULTURAL.” Uses commonly classed as agricultural or horticultural, including forestry, crop farming, truck gardening, wholesale nursery operations, animal husbandry, the operation of any machinery or vehicles incidental to said uses, and the construction of a single-family dwelling and other farm structures incidental to and typically associated with said uses.
“APPLICANT.” Any person, firm, corporation, or agency that submits an application for a stormwater permit. The applicant is the current owner of the property or a representative for the owner.
“CITY.” The City of Danville, Vermilion County, Illinois.
“CLEARING AND GRUBBING.” The activity of cutting and removal of trees, shrubs, bushes, windfalls, and other vegetation, including removal of stumps, roots, and other remains in the designated areas.
“CONTRACTOR.” A person who contracts with the permittee, landowner, developer, or another contractor (i.e., subcontractor) to undertake any or all the land disturbing activities covered by this chapter.
“CONTRACTOR’S CERTIFICATION STATEMENT.” A signed statement required by the IEPA as part of the ILR-10 construction site activity permit.
“CONTROL STRUCTURE.” A facility constructed to regulate the volume of stormwater that is released during a specific length of time.
“CPESC.” Certified Professional in Erosion and Sediment Control.
“DISTURBED AREA.” The part of the project site that will be hydrologically disturbed during the construction or demolition of any facility. The disturbed area shall include all area required for site access, equipment storage and movement and the limits of the facility itself.
“DEMOLITION.” Any act or process of wrecking or destroying a building or structure.
“EROSION.” The general process whereby soils are moved by water, wind, ice, or gravity.
“EROSION AND SEDIMENT CONTROL PLAN (ESCP).” A written plan (including drawing or other graphic representations) that is designed to minimize the accelerated erosion and sediment runoff at a site during construction activities.
“EXCAVATION.” Any act by which organic matter, earth, sand, gravel, rock, or any other similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed and shall include the resulting conditions.
“EXEMPTION.” Land development activities that are not subject to the land disturbance permit requirements contained in this chapter.
“FILL.” Any act by which earth, sand, gravel, rock, or any other material is deposited, placed, replaced, pushed, dumped, pulled, transported, or moved to a new location and shall include the resulting conditions.
“FINAL STABILIZATION.” Soil disturbing activities at the site have been completed and either of the two following criteria are met:
(1) A uniform perennial vegetative cover has been established on all unpaved areas and areas not covered by permanent structures. The density of the vegetative cover must be at least 70%.
(2) Equivalent permanent stabilization measures (such as the use of riprap, gabions, or geotextiles) have been employed.
“GRADE.” The inclination or slope of a channel, canal, conduit, etc., or natural ground surface, usually expressed in terms of percentage the vertical rise (or fall) bears to the corresponding horizontal distance.
(1) “EXISTING GRADE.” The grade prior to land disturbing activities.
(2) “ROUGH GRADE.” The stage at which the grade approximately conforms to the approved plan.
(3) “FINAL GRADE.” The final grade of the site which conforms to the approved plan.
“IEPA.” Illinois Environmental Protection Agency.
“ILR-10.” The Illinois Environmental Protection Agency’s ILR10 General National Pollutant Discharge Elimination System (NPDES) construction storm water permit covering anyone conducting a land disturbing activity which disturbs one or more acres of total land area.
“ILR-40.” The Illinois Environmental Protection Agency’s ILR40 General National Pollutant Discharge Elimination System (NPDES) permit for discharge from small municipal separate storm sewer systems (MS4).
“INCIDENT OF NONCOMPLIANCE.” A document required by the IEPA as part of the ILR-10 construction site activity permit. This document reports violations of the ILR-10 permit.
“LAND DISTURBING ACTIVITY.” Any land change that may result in soil erosion from wind, water and/or ice and the movement of sediments into or upon waters, lands, or rights-of-way within the city, including but not limited to building demolition, clearing and grubbing, grading, excavating, transporting and filling of land. Land disturbing activities do not include the following:
(1) Traditional agriculture.
(2) Minor land disturbing activities including, but not limited to, underground utility repairs, home gardens, minor repairs.
(3) Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles.
(4) Emergency work to protect life, limb, or property and emergency repairs. For emergency work that would have required a land disturbance permit, the disturbed land shall be shaped and stabilized in accordance with this chapter.
“MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4).” The conveyances owned or operated by the municipality for the collection and transportation of stormwater, including the roads and streets and their drainage systems, catch basins, curbs, gutters, ditches, man-made channels, and storm drains.
“NOTICE OF INTENT (NOI).” The completed permit form submitted to the Illinois Environmental Protection Agency in accordance with its rules and regulations for the authorization to discharge stormwater from a construction site.
“NOTICE OF TERMINATION (NOT).” The completed form submitted to the Illinois Environmental Protection Agency in accordance with its rules and regulations where a construction site has been finally stabilized and all stormwater discharges from the construction site authorized under a notice of intent are eliminated.
“NPDES.” National Pollutant Discharge Elimination System.
“OWNER.” The record title holder or a beneficiary of a land trust, singular or plural; if the owner is other than an individual, the term includes beneficiaries, agents, shareholders, officers and directors, partnerships, associations, firms, trusts, clubs, companies, or corporations.
“PERSON.” An individual, public or private corporation, government, partnership, or unincorporated association.
“PROFESSIONAL ENGINEER (P.E.).” A licensed professional engineer in the State of Illinois.
“QUALIFIED PERSON.” A professional engineer licensed by state of Illinois (P.E.), Illinois registered architect, a Certified Professional in Erosion and Sediment Control (CPESC) as certified through Envirocert International, Certified Erosion, Sediment and Stormwater Inspector (CESSWI) as certified by EnviroCert International, or approved equivalent.
“SCALE.” The ratio of the linear dimensions of an object represented on a drawing to the actual dimensions of the object.
“STOP WORK ORDER.” A document issued by the Administrator that directs work to stop on a construction site if land disturbance activities are in violation of this chapter.
“STORMWATER POLLUTION PREVENTION PLAN (SWPPP).” A site specific, written document that identifies potential sources of stormwater pollution at the construction site, describes practices to reduce pollutants in stormwater discharges from the construction site (reduction of pollutants is often achieved by controlling the volume of stormwater runoff), and identifies procedures the operator will implement to comply with the terms and conditions of a construction general permit.
“STRIPPING.” Any activity which removes the vegetative surface cover including tree removal, clearing, or removal of top soil.
“TOPSOIL.” The upper layer of soil.
“USEPA.” U.S. Environmental Protection Agency.
“WASHOUT FACILITY.” The location where construction waste such as concrete, asphalt or similar material can be temporarily stored until final disposal of the material. Washout facilities shall be designated by the permit holder before work begins and shall be located in an appropriate area where the waste resulting from the washout cannot enter sewer systems or local waterways. Waste from the washout facilities shall be disposed of in an approved manner according to state laws.
“WATER QUALITY.” The biological, chemical, and physical conditions of water. It is a measure of water’s ability to support beneficial uses. The United State Environmental Protection Agency sets water quality standards for all contaminants in surface waters.
(Ord. 9098, passed 5-16-17)
(A) The administration and enforcement of this chapter shall be the responsibility of the Administrator.
(B) One of the primary duties of the Administrator shall be to review all land disturbance applications and issue permits for projects that are in compliance with the provisions of this chapter. The Administrator shall be responsible for the administration and enforcement of this chapter.
(C) In carrying out the responsibilities of administering this chapter, the Administrator may establish rules and procedures to assist in his or her efforts, provided said rules and procedures conform to the intent and purpose of this chapter.
(D) If, as part of his or her responsibilities of administering this chapter, the Administrator identifies ambiguities relative to the provisions of this chapter, the Administrator may independently, or after consultation with others, issue a written interpretation clarifying the meaning of any ambiguous provision. Said written interpretation shall guide future administrative activities by the Administrator.
(Ord. 9098, passed 5-16-17)
(A) Applicability. The requirements of this chapter shall apply to:
(1) Land disturbing activity that disturbs greater than 2,000 square feet in area.
(2) Land disturbing activity that disturbs less than 2,000 square feet in area that, at the discretion of the Administrator, such activity poses a unique threat to water quality or public safety.
(3) The creation and use of borrow pits or stockpiles greater than 50 cubic yards in volume.
(B) Exemptions. The following activities shall be exempt from the requirements of this chapter:
(1) Any emergency activity that is immediately necessary for the protection of life, property, or natural resources.
(2) Underground utility repairs.
(3) Home gardens.
(4) Minor home repairs.
(5) Fence, sign, telephone, and electrical pole installation.
(6) Lawn maintenance activities that disturb less than 10,000 square feet.
(7) Any land disturbance activity less than 2,000 square feet in area, which does not otherwise meet the requirements of division (A) above.
(8) Home improvement projects that add less than 2,000 square feet of building area.
(9) Agricultural or farming activities.
(10) Industrial activities having separate NPDES stormwater permits that are current and for which they are in compliance.
(Ord. 9098, passed 5-16-17)
(A) The following soil erosion and sediment control-related requirements shall be met for all regulated land disturbing activities as defined in § 170.04 of this chapter:
(1) All erosion control measures, construction and post construction storm water runoff shall meet the current minimum departmental and Illinois EPA standards and requirements at the time of installation.
(2) Construction site operators shall control or prohibit non-storm water discharges from any site. This includes concrete and wastewater from washout of concrete (unless managed by an appropriate control), drywall compound, wastewater from washout and cleanout of stucco, paint, form release oils, curing compounds and other construction materials, fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance, soaps, solvents, or detergents, toxic or hazardous substances from a spill or other release, or any other pollutant that could cause or tend to cause water pollution.
(3) Erosion control measures must be in place and approved prior to all land disturbances.
(4) Soil disturbance shall be conducted in such a manner as to minimize erosion. Areas of the development site that are not to be graded shall be protected from construction traffic or other disturbance until final seeding is performed. Soil stabilization measures shall consider the time of year, site conditions, and the use of temporary or permanent measures.
(5) Properties and channels adjoining development sites shall be protected from erosion and sedimentation. At points where concentrated flow leaves a development site, energy dissipation devices shall be placed at discharge locations and along the length of any outfall channel as necessary to provide a non-erosive velocity of flow from the structure to the watercourse so that the natural physical and biological characteristics and functions are maintained and protected.
(6) Soil erosion and sediment control features shall be constructed prior to the commencement of hydrologic disturbance of upland areas.
(7) Disturbed areas shall be stabilized with temporary or permanent measures within 14 calendar days following the end of active hydrologic disturbance, or redisturbance, consistent with the following criteria or using an appropriate measure as approved by the Administrator.
(a) Appropriate temporary or permanent stabilization measures shall include seeding, mulching, sodding, and/or non-vegetative measures.
(b) Areas of embankments having slopes greater than or equal to 3H:1V shall be stabilized with staked-in-place sod,,mat, or blanket in combination with seeding.
(c) Erosion control blankets shall be required on all interior detention basin side slopes between the normal water level and high water level.
(d) The 14-day stabilization requirement may be precluded by snow cover or where construction activity will resume within 21 days from when the active hydrologic disturbance ceased, then stabilization measures do not have to be initiated on that portion of the site by the fourteenth day after construction activity temporarily ceased, given that portion of the site has appropriate soil erosion and sediment controls.
(8) Land disturbance activities in streams shall be avoided, where possible. If disturbance activities are unavoidable, the following requirements shall be met:
(a) Where stream construction crossings are necessary, temporary crossings shall be constructed of non-erosive material.
(b) The time and area of disturbance of a stream shall be kept to a minimum. The stream, including bed and banks, shall be restabilized within 48 hours after channel disturbance is completed or interrupted.
(c) Any applicable federal and state permits that have been approved shall be provided to the Administrator.
(9) Soil erosion and sediment control measures shall be appropriate with regard to the amount of tributary drainage area as follows:
(a) Disturbed areas draining less than one acre shall, at a minimum, be protected by a filter barrier (including filter fences, which at a minimum, meet the applicable sections of the AASHTO Standard Specification 288-00, or equivalent control measures) to control all off-site runoff. Vegetated filter strips, with a minimum width of 25-feet, in the direction of flow, may be used as an alternative only where runoff in sheet flow is expected.
(b) Disturbed areas draining more than one but fewer than five acres shall, at a minimum, be protected by a sediment trap or equivalent control measure at a point downslope of the disturbed area.
(c) Disturbed areas draining five acres or more, shall, at a minimum, be protected by a sediment basin with a perforated filtered riser pipe or equivalent control measures at a point downslope of the disturbed area.
(d) Sediment basins shall have both a permanent pool (dead storage) and additional volume (live storage) with each volume equal to the runoff amount of a two-year, 24-hour event over the onsite hydrologically disturbed tributary drainage area to the sediment basin. The available sediment volume below normal water level, in addition to the dead storage volume shall be sized to store the estimated sediment load generated from the site over the duration of the construction period. For construction periods exceeding one year, the one-year sediment load and a sediment removal schedule may be submitted. If the detention basin for the proposed development condition of the site is used for the sediment basin, the above volume requirements will be explicitly met. Until the site is finally stabilized, the basin permanent pool of water shall meet the above volume requirements and have a filtered perforated riser protecting the outflow pipe.
(e) To calculate the sediment load, applicants can use FLOWSED as developed by the USEPA and other design guidelines by USEPA.
(10) All storm sewers that are or will be functioning during construction shall be protected by an appropriate sediment control measure and cleaned at any point during construction as needed and once the site has been stabilized.
(11) If dewatering services are used, adjoining properties and discharge locations shall be protected from erosion. Discharges shall be routed through an effective sediment control measure (e.g., sediment trap, sediment basin, or other appropriate measures).
(12) All temporary soil erosion and sediment control measures shall be removed within 30 days after final site stabilization is achieved or after the temporary measures are no longer needed. Trapped sediment and other disturbed soil areas, including areas disturbed while removing temporary measures, shall be permanently stabilized.
(13) A stabilized construction entrance, consisting of a stabilized mat of sufficiently sized aggregate underlain with filter cloth (or other appropriate measures) shall be located at any point where traffic will be entering or leaving a construction site of a major development to or from a public right-of-way, street, alley, or parking area. Any sediment or soil reaching an improved public right-of-way, street, alley, or parking area shall be removed by scraping or street cleaning. Sediment or soil shall at a minimum, be removed daily and more frequently as accumulations warrant. Removed sediment or soil shall be transported to a controlled sediment disposal area. The Administrator may require additional stabilized construction entrance methods.
(14) Earthen embankments shall be constructed with side slopes no steeper than 3H:1V. Steeper slopes may be constructed with appropriate stabilization as approved by the Administrator.
(15) Stormwater conveyance channels, including ditches, swales, and diversions, and the outlet of all channels and pipes shall be designed and constructed to withstand the expected flow velocity from the ten-year frequency storm without erosion. All constructed or modified channels shall be stabilized within 48 hours.
(16) Temporary diversions shall be constructed, as necessary, to direct all runoff from hydrologically disturbed areas to the appropriate sediment trap or basin.
(17) Soil stockpiles shall not be located in a flood-prone area or a designated buffer protecting Waters of the United States. Soil stockpiles are defined as having greater than 50 cubic yards of soil and will remain in place for more than seven days. Soil stockpile locations shall be shown on the soil erosion and sediment control plan and shall have the appropriate measures to prevent erosion of the stockpile.
(18) Handbooks: Standards and specifications contained in the Illinois Urban Manual, as amended, and the planning procedures sections of the Illinois Procedures and Standards for Urban Soil Erosion and Sedimentation Control, as amended, are referenced in this ordinance as guidance for presenting soil erosion and sediment control plan specifications and delineating procedures and methods of operation under site development for soil erosion and sediment control. In the event of conflict between provisions of said manuals and this chapter, this chapter shall govern.
(19) The applicant shall provide adequate receptacles for the deposition of all construction material debris generated during the development process. The applicant shall not cause or permit the dumping, depositing, dropping, throwing, discarding, or leaving of construction material debris upon or into any development site, channel, or Waters of the U.S. The applicant shall maintain the development site free of construction material debris.
(20) All regulated construction sites shall have a SWPPP that meets the requirements of Part IV of NPDES Permit No. ILR10.
(Ord. 9098, passed 5-16-17) Penalty, see § 170.99
(A) Application for land disturbance permit.
(1) Land disturbance permits will be classified as follows:
(a) Class 1 - For all land disturbing activities that required an IEPA ILR-10 permit for one acre or more of land disturbance.
(b) Class 2 - For all land disturbing activities that disturbed more than 2,000 square feet but less than one acre.
(2) The application for land disturbance permit shall be submitted at the same time of the stormwater management permit and the zoning permit or building permit applications, as applicable.
(3) An application for the review and approval of a land disturbance permit shall be provided by the Administrator.
(4) Each application shall include the following:
(a) Name, address, and telephone number of the applicant.
(b) Name, address, telephone number and license information for the design professional of the development.
(c) The address and legal description of the development.
(d) Description of land disturbing activity.
(e) Submittal of an erosion and sediment control plan in accordance with § 170.07 of this chapter.
(B) Land disturbance permit application fee.
(1) Class 1 land disturbance permit fee.
(a) Plans for one to five acres of land disturbance: $100.
(b) Plans for greater than five acres of land disturbance: $200.
(2) Class 2 land disturbance permit fee.
(a) Plans prepared by qualified person for land disturbance under one acre: $20.
(b) All other plans under one acre of land disturbance: $200.
(Ord. 9098, passed 5-16-17) Penalty, see § 170.99
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