CHAPTER 7
CONSTRUCTION SITE RUNOFF CONTROL

SECTION:

9-7-1: Purpose

9-7-2: Definitions

9-7-3: Applicability

9-7-4: Responsibility For Administration

9-7-5: Ultimate Responsibility

9-7-6: Stormwater Construction General Permit; Construction Site Discharge Regulations And Requirements

9-7-7: Requirement To Prevent, Control, And Reduce Storm Water Pollutants By The Use Of Best Management Practices

9-7-8: Inspection

9-7-9: Enforcement

9-7-10: Appeal Of Notice Of Violation And/Or Stop Work Order

9-7-11: Injunctive Relief

9-7-12: Violations Deemed A Public Nuisance

9-7-13: Criminal Penalties

9-7-14: Remedies Not Exclusive

9-7-1: PURPOSE:

The purpose of this Chapter is to provide for the health, safety and general welfare of the residents of the City through regulation of construction activities to manage and control pollution from construction sites affecting the MS4, waters of the United States, and watercourses. This Chapter establishes methods for controlling the introduction of pollutants into the MS4 to comply with the National Pollutant Discharge Elimination System (NPDES) permit process and to:

   A.   Provide for protection of storm water, ground water, water bodies, watercourses, and wetlands pursuant to and consistent with the Clean Water Act, and the NPDES permit issued to the City,

   B.   Manage and control the amount of pollutants in storm water discharges into the MS4, soil erosion, sediment discharge, and sediment on public roadways, and

   C.   Ensure adequate drainage, storm water management and soil conservation measures are utilized at construction sites.(Ord. 863, 7-13-2021)

9-7-2: DEFINITIONS:

As used in this Chapter, unless the context otherwise requires, the words and terms defined in this section shall have the following meanings ascribed to them:

BEST MANAGEMENT PRACTICES (BMPs):	Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to the MS4, a watercourse, or waters of the United States, to include storm water, receiving water, or storm water conveyance systems; BMPs include treatment practices, operating procedures, and other practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. BMPs may be structural or nonstructural.
CITY:	The City of Elko, Nevada, to include its departments, agencies, officials and employees.
CLEAN WATER ACT:	The Clean Water Act (formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972) Pub. L. 92- 500, as amended Pub. L. 95-576, Pub. L. 96-483 and Pub. L. 97-117, 33 U.S.C. 1251 et seq.
CLEARING:	Any activity which removes vegetative cover.
CONSTRUCTION ACTIVITY:	An activity subject to an NPDES construction stormwater general permit issued by the State of Nevada. The term “construction activity” includes NPDES construction activities on a land disturbance of one (1) acre or more. The term “construction activity” also includes a land disturbance of less than one (1) acre if part of a larger common plan of development or sale that disturbs, or is proposed to disturb, one (1) acre or more. Such activities include, but are not limited to, clearing and grubbing, grading, excavating and demolition.
CONSTRUCTION SITE:	Any parcel of land on which construction activity is performed.
DISCHARGE:	Any addition of a contaminant, pollutant or pollutants to the MS4, waters of the United State or a watercourse, including a “discharge of pollutant” as defined in 40 CFR § 122.2.
ENFORCEMENT OFFICIAL:	The City of Elko Environmental Coordinator, City Code Enforcement Officer, or any other City of Elko employee designated to serve as an Enforcement Official by the City Council to enforce the provisions of this Chapter.
EROSION CONTROL:	Any measure designed to prevent erosion.
GRADING:	The work of ensuring a level base, or one with a specified slope, for a construction work such as a foundation, the base course for a road or railway, or landscape and garden improvements, or surface drainage. Grading may involve excavation, placement of fill material, or both.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4):	A collection of structures (retention basins, ditches, underground pipes, etc.) owned and operated by the City and not connected to the sanitary sewer system that is designed to gather stormwater and discharge it, without treatment, into local streams and rivers.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) PERMIT:	A permit allowing the City to legally discharge stormwater into local streams and rivers through the municipal separate storm sewer system.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER DISCHARGE PERMIT:	A permit issued by EPA (or by a state under authority delegated pursuant to 33 USC 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general areawide basis.
NON-STORM WATER DISCHARGE:	Any discharge to storm water conveyance system and/or storm water that is not composed entirely of storm water.
PERIMETER CONTROL:	A barrier that prevents sediment from leaving a site either by filtering sediment-laden runoff, or diverting it to a sediment trap or basin.
PERSON:	Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or the owner's agent.
PHASING:	Clearing a parcel of land in distinct phases, with stabilization of each phase before clearing the next phase.
POLLUTANT:	Anything which causes or contributes to pollution either directly or indirectly. Pollutants may include, but are not limited to: sediment, petroleum products, paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordnances, and accumulations, so that the same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; site development of any kind; and noxious or offensive matter of any kind.
PREMISES:	Any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
RESPONDENT:	A person to whom a notice of violation, stop work order, citation or notice of civil infraction has been issued pursuant to this Chapter or a person who is formally accused by the City of violating this Chapter. The term "respondent" shall include any person defending a notice of violation, stop work order, citation, notice of civil infraction or complaint issued on the basis of a violation of this Chapter or who is otherwise subject to any punitive measure pursuant to this Chapter.
SEDIMENT CONTROL:	Any measure that prevents sediment from leaving the site.
STABILIZATION:	Any practice that prevents exposed soil from eroding.
START OF CONSTRUCTION:	The first land disturbing activity associated with development, including land preparation such as clearing, grading and filling, installation of streets and walkways, excavation for basements, footings, foundations, and erection of temporary forms.
STOP WORK ORDER:	An order issued by the Enforcement Official which requires that all sources and/or causes of a non- stormwater discharge or polluted stormwater, to include all activities not permitted required under an approved Stormwater Pollution Prevention Plan on a site, be stopped.
STORM WATER:	Any surface flow runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
STORMWATER CONSTRUCTION GENERAL PERMIT:	A permit issued by the Nevada Division of Environmental Protection for stormwater discharges associated with construction activity.
STORM WATER CONVEYANCE SYSTEM:	Publicly owned facilities by which storm water is collected and/or conveyed, including, but not limited to, any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human made drainage channels, reservoirs, and any other drainage structures.
STORM WATER POLLUTION PREVENTION PLAN (SWPPP):	A document, approved by federal, state, or local agencies in accordance with federal, state, or local law, which describes the best management practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to storm water, storm water conveyance systems, and/or receiving waters to the maximum extent practicable and posted on-site.
WATERCOURSE:	Any drainage or structure through which water may pass or drain to any body of water, including, but not limited to, lakes, ponds, rivers, streams, and bodies of water which have been delineated by federal, state, or local agencies in accordance with federal, state, or local laws. (Ord. 863, 7-13-2021)