A. General Requirements for Construction Activities.
1. Except for construction activity relating to the Building Phase of Development, the City of Grand Island shall require proof of coverage by a NDEQ general permit authorization for Storm Water Discharges from Construction Sites before providing approval for construction activity and land developments requiring –including but not limited to: site plan applications, subdivision applications, building applications, and right-of-way applications from the City of Grand Island, unless exempt pursuant to Subsection (A)(1)(a) below. These provisions apply to all portions of any plan for land disturbing activity which would cause the disturbance of at least one acre of soil even though multiple, separate and distinct land development activities within the overall development may take place at different times on different schedules.
a. The following activities are exempt from this Ordinance:
(1) Any emergency activity that is necessary for the immediate protection of life, property, or natural resources; and
(2) Construction activity that provides maintenance and repairs performed to maintain the original line and grade, hydraulic capacity, or original purpose of a facility.
2. The city shall be invited to the pre-construction meeting to review the installation of all temporary erosion and sediment control BMPs included on the approved erosion and sediment control plan at least two (2) business days before any construction activities are scheduled to start.
3. Solid waste, industrial waste, yard waste and any other pollutants or waste on any construction site shall be controlled through the use of BMPs. Waste or recycling containers shall be provided and maintained by the owner or contractor on construction sites where there is the potential for release of waste. Uncontained waste that may blow, wash or otherwise be released from the site is prohibited. Sanitary waste facilities shall be provided and maintained in a secured manner.
4. Ready-mixed concrete, or any materials resulting from the cleaning of vehicles or equipment containing such materials or used in transporting or applying ready-mixed concrete, shall not be allowed to discharge from any construction site. Concrete wasted on site must be disposed in a manner consistent with locally approved standards and generally require establishment of a designated wash-out area.
5. Cover or perimeter control shall be applied within seven (7) days to any soil stockpiles, which will remain undisturbed for longer than 14 calendar days.
6. Disturbed soil shall be managed with BMPs that are adequately designed, installed, and maintained according to locally-approved technical standards, specifications and guidance for the duration of the construction activity to minimize erosion and contain sediment within the construction limits.
7. Sediment tracked or discharged onto public right-of-way shall be removed immediately.
8. Bulk storage structures for petroleum products and other chemicals shall have adequate protection to contain all spills and prevent any spilled material from entering the MS4 or waters of the State.
9. Temporary BMPs shall be removed and disturbed areas shall be stabilized with permanent BMPs at the conclusion of construction activity.
B. Requirements for the Building Phase of Development.
1. Any person who engages in construction activity is responsible for compliance with this Ordinance and all applicable terms and conditions of the approved construction activity and SWPPP as it relates to the building phase of development. The following information shall be included with the application for a building permit and be submitted to the Public Works Department:
2. Either the legal description and NPDES permit number for the Larger Common Plan of Development; OR
3. The location of the property where the building phase of development is to occur; AND
4. Contractor acknowledgement that the building phase of development for the property described on the application for a building permit will be conducted in conformance with Chapter 40 of the Municipal Code and the Construction Activity SWPPP.
5. Site plans shall be submitted to the Public Works Director for the purpose of review and approval prior to issuance of a building permit and the beginning of the construction phase of development. This is to ensure compliance with EPA directives and with section 40-12 of this ordinance as it pertains to the Post-Construction Management of Stormwater run-off.
C. Construction Stormwater Pollution Prevention Plan.
1. A SWPPP shall be prepared and updated in accordance with locally-approved technical standards, specification, and guidance for construction activity within the City of Grand Island and shall include an erosion and sediment control plan for land disturbance.
2. The SWPPP shall include a description of all potential pollution sources, temporary and permanent BMPs that will be implemented at the site. BMPs used will be approved by the Public Works Director.
3. The erosion and sediment control plan shall be submitted to the Public Works Director for review with any application covered in 40-11 (A)(1) of this Ordinance.
4. Land disturbing activities may not proceed until approval of the erosion and sediment control plan is provided by the Public Works Director.
5. The owner or operator is required to have a copy of the SWPPP readily available or on site for review with content that reflects the current condition of the construction activity and all records that demonstrate compliance and are required by this Ordinance.
6. The SWPPP shall include a description of routine site inspections.
(1) The owner or their representative shall inspect all BMPs at intervals of no greater than 14 calendar days and within 24-hours after any precipitation event of at least one half inch.
(2) Inspections of BMPs shall be conducted by an individual knowledgeable in the principles and practice of erosion and sediment controls who possesses the skills to assess conditions at the construction site that could impact stormwater quality and to assess the effectiveness of any erosion and sediment control measures selected to control the quality of stormwater discharges from the construction activity.
(3) Inspection reports shall provide the name and qualification of the inspector, date of the evaluation, risks to stormwater quality identified, and all corrective actions necessary to prevent stormwater pollution.
(4) The owner or operator of a construction activity may be requested to submit copies of inspection reports for review on a periodic basis by the Public Works Director.
7. Based on inspections performed by the owner, operator, authorized City of Grand Island personnel, State or Federal regulators, modifications to the SWPPP will be necessary if at any time the specified BMPs do not meet the objectives of this Ordinance. In this case, the owner shall meet with an appointed official of the City of Grand Island to determine the appropriate modifications. All required modifications shall be completed within seven (7) calendar days of receiving notice of inspection findings, and shall be recorded in the SWPPP.
8. The owner or operator of a construction site shall be responsible for amending the SWPPP whenever there is a significant change in design, construction, operation, or maintenance, which has a significant effect on the potential for discharge of pollutants to the MS4 or receiving waters, or if the SWPPP proves to be ineffective in achieving the general objectives of controlling pollutants in stormwater discharges associated with land disturbance.
9. Records of inspection are to be maintained with the SWPPP for the life of the project. Inspection records are to be available to City of Grand Island inspectors upon request. Delay in providing a copy of the SWPPP or any requested records shall constitute a violation of this Ordinance.
D. Requirements for Utility Construction.
1. Utility agencies or their representatives shall develop and implement BMPs to prevent the discharge of pollutants on any site of utility construction within the City of Grand Island. The City of Grand Island may require additional BMPs on utility construction activity. If the utility construction disturbs greater than one (1) acre, the utility agency must comply with the requirements of Section 40-11 (A) & (B) of this Ordinance.
2. Utility agencies or their representative shall implement BMPs to prevent the release of sediment from utility construction sites. Disturbed areas shall be minimized, disturbed soil shall be managed and construction site exits shall be managed to prevent sediment tracking. Sediment tracked onto public right-of-way shall be removed immediately.
3. Prior to entering a construction site or subdivision development, utility agencies or their representatives shall obtain and comply with any approved erosion and sediment control plans for the project. Any impact to construction and post-construction BMP’s resulting from utility construction shall be evaluated prior to disturbance by the developer and utility company. Repairs to the disturbed BMPs must be completed within forty eight (48) hours, by individuals agreed upon during the design phase or at a preconstruction meeting.