(A) Responsibility.
(1) ESC Plan approval does not constitute assurance that the proposed BMPs will perform in the manner indicated by the design. The responsibility of the proper functioning operation and maintenance of the BMPs remains with the owner. The owner shall be responsible for providing any additional means or methods necessary to meet the intent of these regulations.
(2) It shall be the responsibility of the site owner to provide notification to the city 48-hours prior to commencement of initial site earth-disturbance. In addition, the site owner shall provide notification to the city, at least 48-hours prior to any work within or across a stream channel or SCPZ. Furthermore, within 45-days after site final stabilization has been achieved, it shall be the responsibility of the site owner to inform the City Engineer that site activities are complete.
(B) Performance liability. No provision of this standard shall limit, increase or otherwise affect the liabilities of the developer nor impose any liability upon the city not otherwise imposed by law.
(C) Ownership and maintenance. The person(s) or entity responsible for the continued maintenance of temporary and permanent erosion control measures shall, prior to any earth -disturbance, be identified to the satisfaction of the city. This party, both during and after site development, shall be responsible for:
(1) Carrying out all provisions as approved on the erosion and sediment control plan and required by this standard.
(2) Promptly removing all soil, miscellaneous debris and other materials that may become spilled, dumped or otherwise deposited on any public thoroughfares during transport to and from the development site, and taking precautions to inhibit the deposition of sediment into any sewer system or natural watercourse.
(3) In addition, the developer shall assume responsibility and all costs for removing any sedimentation deposited in downstream drainage ways or facilities deemed objectionable by the city to the proper functioning of these downstream areas.
(4) The applicant shall provide a description of maintenance procedures needed to ensure the continued performance of control practices and shall ensure the responsible party has adequate funding to conduct maintenance activities as deemed necessary.
(5) All temporary and permanent erosion and sediment control practices shall be designed and constructed to minimize maintenance requirements. They shall be maintained and repaired as needed to assure continued performance of their intended function. All sediment control practices shall be maintained in a functional condition until all up slope areas they control reach final stabilization. Final stabilization shall be determined by the City Engineer.
(D) Inspection and enforcement.
(1) General inspection requirements:
(a) The City Engineer may inspect all site development activities, including erosion and sediment control devices and facilities while a development site, when subject to this regulation, is under construction. At a minimum this will be monthly and within 24 hours after any storm event greater than one-half inch of rain per 24 hour period. When facilities are not constructed according to approved plans, the City Engineer has the explicit authority to compel compliance with the approved plan and the objectives and standards of this regulation.
(b) A copy of the approved erosion and sediment control plan shall be maintained on site, or in a location easily accessible by the applicant and the city's inspector.
(2) Final inspection. Prior to final inspection, the developer's engineer shall provide the site grading plan documenting the intended site final grades.
(3) General inspection procedures:
(a) Erosion and sediment control practices for construction sites shall be inspected periodically by the city to ensure they are being properly maintained and, if not, the city may compel the owners to make the necessary repairs at the expense of the owner. When inspections reveal the need for repair, replacement, or installation of erosion and sediment control BMPs, the following procedures shall be followed:
(b) When practices require repair or maintenance: If an internal inspection reveals that a control practice is in need of repair or maintenance, with the exception of a sediment-settling pond, it must be repaired or maintained with three days of the inspection. Sediment settling ponds must be repaired or maintained within ten days of the inspection.
(c) When practices fail to provide their intended function: If an internal inspection reveals that a control practice fails to perform its intended function as detailed in the ESC plan and that another, more appropriate control practice is required, the plan must be amended and the new control practice must be installed within ten days of the inspection.
(d) When practices depicted on the ESC plan are not installed: In an internal inspection reveals that a control practice has not been implemented in accordance with the schedule, the control practice must be implemented with ten days from the date of the inspection. If the internal inspection reveals that the planned control practice is not needed, the record must contain a statement of explanation as to why the control practice is not needed.
(4) Internal inspections:
(a) At a minimum, all controls on the site shall be inspected at least once every seven calendar days and within 24 hours after any storm event greater than one-half inch of rain per 24 hour period. The owner shall assign qualified inspection personnel (those with knowledge and experience in the installation and maintenance of sediment and erosion controls) to conduct these inspections to ensure that the control practices are functional and to evaluate whether the ESC Plan is adequate and properly implemented in accordance with the proposed permit schedule or whether additional control measures are required. The qualified inspection personnel shall inspect the following:
(b) Disturbed areas used for storage of materials exposed to precipitation shall be inspected for evidence of or the potential for pollutants entering the drainage system.
(c) Erosion and sediment control measures identified in the approved erosion and sediment control plan shall be observed to ensure proper operation.
(d) Discharge locations shall be inspected to determine whether erosion and sediment control measures are effective in preventing significant impacts to the receiving water resource or wetlands.
(e) Locations where vehicles enter or exit the site shall be inspected for evidence of off-site vehicle tracking.
(5) Inspection reports: Inspectors shall prepare written reports after every inspection. The inspection report shall describe:
(a) The date and location of the site inspection.
(b) Whether or not the approved plan has been properly implemented and maintained.
(c) Any practice deficiencies or erosion and sediment control plan deficiencies; and the agreed upon type(s) of corrective action necessary to rectify any identified deficiencies.
(d) If a violation exists, the city will decide upon the type of enforcement action taken.
(e) The site manager shall sign and receive a copy of the report before the inspector leaves the site.
(6) Enforcement. The City Engineer agency shall notify the on-site personnel or the owner/developer when deficiencies are observed, describing the nature of the deficiency, the agreed upon corrective action, and the time period in which to have the deficiency corrected. If after a reasonable amount of time for voluntary compliance, the corrective actions are not undertaken to the satisfaction of the city, the city may issue a Notice of Violation pursuant to Chapter 153 of the Dublin Code of Ordinances and proceed with other enforcement remedies as provided by this and other applicable provisions of the Dublin City Code. Where the violations and/or deficiencies represent an immediate and substantial threat to the public health, safety or welfare, the city may immediately proceed with enforcement remedies as provided by Chapter 153 of the Dublin Code of Ordinances and other applicable provisions of the Dublin City Code.
(E) Record keeping. The applicant shall maintain for three years following final stabilization the results of these inspections, the names and qualifications of personnel making the inspections, the dates of inspections, major observations relating to the implementation of the erosion and sediment control plan, a certification stating whether the facility is in compliance with the ESC plan, and information on any incidents of non-compliance determined by these inspections.
(Ord. 48-05, passed 9-6-05; Am. Ord. 86-14, passed 9-8-14) Penalty, see § 53.999