It shall be unlawful for any person (owner/contractor/developer) to do, or permit, authorize, allow, or direct another person to do, or fail to do when required, any of the following:
(A) Store any building material or construction equipment in any proposed or platted public right-of-way;
(B) If required for the project, construct on any lot in the county prior to obtaining an excavation, cut or fill permit. In the review of the excavation, cut or fill permit application, the County Engineer, or his or her designee, shall determine if a NOI/SWPPP is required by the owner/contractor/developer. If required, the NOI shall be submitted to the State Division of Water (DOW), and a copy of the NOI/SWPPP shall be delivered to the County Engineer’s office prior to the start of construction. The amount of time between the submittal of the NOI to the DOW and the allowable start of construction shall be as determined in the current KPDES permit. The erosion control procedures employed in the field shall be those necessary to prevent pollution as specified in the current KPDES permit and the state erosion prevention and sediment control field guide and the state best management practices (BMPs) for controlling erosion, sediment, and pollutant runoff from construction sites, and shall be maintained and updated as needed. The SWPPP shall be updated as often as necessary in order to accurately portray the erosion control systems in the field at all times. A copy of the NOI/SWPPP shall be kept on the job site and shall be made available to the County Engineer’s staff at all times. The NOT shall be submitted to the DOW upon completion of the construction project and final stabilization of the soil has taken place and is functional based on an on-site project closeout meeting with the County Engineer’s staff. A copy of the NOT shall also be submitted to the County Engineer’s office;
(C) If the NOI/SWPPP/NOT is deemed required by the County Engineer, it shall be unlawful to operate a construction site without employing a qualified inspector to inspect the entire site and maintain all inspection records as required by the current KPDES permit. All inspection reports shall be kept on site and shall be made available to the County Engineer or his or her representative at all times;
(D) If any construction does not require the NOI/SWPPP/NOT, it shall be unlawful to fail to maintain all erosion control devices as per the Public Improvement Specifications. These erosion control devices shall include, but are not limited to, rock runouts, sediment transport control devices, and all other best management practices as appropriate for the site conditions; or
(E) The owner of the property is subject to all the enforcement remedies available to the county in § 51.08 of this chapter.
(Ord. KOC 630.1 (2013), passed 11-7-2013; Ord. KOC 630.1 (2015), passed 7-2-2015) Penalty, see § 51.99