A. Stormwater Pollution Prevention Plan (SWPPP) Requirements: An SWPPP is required prior to the issuance of the permits described in subsections A1, A2, and A3 of this section. An SWPPP shall describe how the applicant will prevent erosion, sediment, chemicals, trash, construction debris, and other pollutants that originate on a project site from leaving the site and/or entering any waters of the state through the implementation of housekeeping and other BMPs. An SWPPP shall provide sufficient information, including, but not limited to, maps, BMPs installation and maintenance specifications, hydrologic calculations to evaluate the environmental characteristics of the project site, the potential impacts of all proposed development of the site, both present and future, on the water resources, and the effectiveness and acceptability of the measures proposed for managing stormwater generated at the project site. An SWPPP may change as a project progresses and as unforeseen conditions arise. The intent of this planning process is to determine the type of stormwater management measures necessary for the proposed project and ensure adequate planning for management of stormwater runoff from future development.
1. An SWPPP is required on all projects prior to obtaining any state UPDES permits. The SWPPP shall conform to the requirements set forth by the Utah department of environmental quality. (Ord. 1240, 12-20-2016)
2. An SWPPP shall be required prior to obtaining a land disturbance permit from the city that is not required to obtain a UPDES permit and shall conform to the requirements set forth in title 18, "Land Disturbance", of this code.
3. An SWPPP shall be required prior to obtaining a building permit that is not required to obtain a UPDES permit and shall conform to the requirements set forth in title 10, "Building Regulations", of this code.
B. Review And Approval: The public works director will review each SWPPP to determine its conformance with the provisions of this chapter. The public works director shall, in writing:
1. Approve the SWPPP;
2. Approve the SWPPP subject to such reasonable conditions as may be necessary to secure substantially the objectives of this chapter; or
3. Deny the SWPPP, indicating the reasons for denial and the procedure for submitting a revised plan or submission.
C. Responsible Parties: The applicant shall identify the party responsible for the proper implementation of the SWPPP prior to issuance of any permits for land disturbance or building activities. Where required by the city, a legally binding covenant specifying the parties responsible for the proper maintenance of all stormwater treatment practices shall be secured prior to issuance of any permits for land disturbance activities. An SWPPP may be required prior to issuance of permits for land disturbance. An SWPPP shall provide sufficient information, including maps and hydrologic calculations to evaluate the environmental characteristics of the project site, the potential impacts of all proposed development of the site, both present and future, on the water resources, and the effectiveness and acceptability of the measures proposed for managing stormwater generated at the project site. The intent of this planning process is to determine the type of stormwater management measures necessary for the proposed project and ensure adequate planning for management of stormwater runoff from future development. (Ord. 1233, 11-15-2016)
D. Required Permits: The following permits shall be required, where applicable:
1. State Stormwater Permit For Construction Activities: Any person or business responsible for disturbing one acre or more of ground, or who will disturb less than one acre but whose project is part of a larger common plan of development, shall obtain a state stormwater permit for construction activities from the Utah division of water quality. The appropriate fee must be paid to the state. An SWPPP must be prepared and kept on the construction site for this application. The SWPPP shall include all maintenance easements required to access and inspect the stormwater treatment practices and to perform routine maintenance as necessary. The SWPPP shall also include provisions allowing city personnel for access and inspections on a reasonable basis.
2. Conditions When State Stormwater Permit For Construction Activities Is Not Required: A state stormwater permit for construction activities is not required for: (Ord. 1240, 12-20-2016)
a. Any emergency activity that is immediately necessary for the protection of life, property, or natural resources; or
b. Existing nursery and agricultural operations conducted as a permitted main or accessory use; or
c. Development on construction sites that are less than one acre and part of a common plan of development created or sold before October 1992.
3. Stream Alteration Permit: A stream alteration permit is filed with the state department of natural resources, division of water rights. This permit overlaps the EPA 404 wetlands permit because it is applicable to the area equal to the stream plus two (2) times the bankfull width up to thirty feet (30'). Any modifications to the stream or banks within this area must comply with the stream alteration permit. A copy of the permit must be submitted to the city prior to the preconstruction meeting for the proposed development. All appropriate fees must be paid.
4. EPA 404 Wetlands Permit: This permit is filed with the U.S. army corps of engineers. It is applicable for all wetlands within a development. This applies to all wetlands depending upon the presence of water, soil type, and vegetation as determined in a wetlands delineation report. All "waters of the U.S." are affected to the normal high water mark. A letter of nonregulated wetlands may be applicable. Any mitigation that may be required must be done prior to recording a final plat. A copy of the permit shall be submitted to the city prior to the preconstruction meeting for the proposed development. All appropriate fees must be paid.
E. Municipal Inspections: Municipal inspections of active construction sites for SWPPP compliance shall be conducted by the public works director. (Ord. 1233, 11-15-2016)
F. Stormwater Enforcement Of Construction Activity: All stormwater treatment practices, BMPs, and owner/operator inspections shall comply with the approved SWPPP to ensure the system functions as designed. If a responsible party fails or refuses to meet the requirements of the SWPPP, the city engineer or building official shall notify the party responsible for maintenance of the stormwater management facility in writing. Upon receipt of notice, the responsible person shall have up to thirty (30) days to effect maintenance and repair of the facility. If no action has been taken by the responsible party within the thirty (30) days, the city engineer or building official may cause the work to be done to correct the violation of the SWPPP by performing all necessary work to place the facility in proper working condition; and the cost of the work shall be a lien on the property, or prorated against the beneficial users of the property, and may be placed on the tax bill and collected as ordinary taxes by the county assessor. (Ord. 1240, 12-20-2016)