(a) Performance Liability. No provision of this chapter shall limit, increase or otherwise affect the liabilities of the developer nor impose any liability upon the City not otherwise imposed by law.
(b) 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- or land-disturbance, be identified to the satisfaction of the City. Erosion and sediment control facilities, which are to be privately owned and maintained by an individual or group of property owner(s) shall be:
(1) Designed and constructed by the developer with consideration to allow adequate access for inspections, maintenance and corrective actions, if necessary, by the City.
(2) Inspected as needed by the City to ensure privately owned installations are being properly maintained and, if not, the City may compel the owners to make the necessary repairs at the expense of the owner.
(3) Maintained as installed by the developer according to the approved design and not be altered unless approved by the City.
(4) 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.
(c) Operations and Management. Prior to any earth- or land-disturbance on a development area, the person(s) or entity responsible for continued operation and management of temporary and permanent erosion and sediment control measures, shall be identified to the satisfaction of the City.
Both during and after site development the responsible person(s) or entity, as identified above, is responsible for:
(1) Carrying out all provisions as approved on the erosion and sediment control plan and required by this chapter.
(2) Promptly removing all soil, miscellaneous debris or other materials that may become spilled, dumped or otherwise deposited on any public thoroughfares during transport to and from the development site, and
(3) Taking precautions to inhibit the deposition of sediment into any sewer system or natural watercourse.
(4) The developer shall assume responsibility and all cost for removing any sedimentation deposited in downstream drainage ways or facilities or thoroughfares deemed objectionable by the City to the proper functioning of these downstream areas.
(d) Inspection and Enforcement.
(1) Development Sites involving land-disturbance of less than one (1) acre, when not a part of a larger plan of common development: These sites, while not requiring submission of an erosion and sediment control plan, are subject to spot-inspection and site investigation by the City to determine that requirements of this regulation are being met.
(2) Development Sites involving land-disturbance of one (1) or more acres, including those development areas less than one (1) acre being a part of a larger common plan of development or sale: It shall be the responsibility of the owner/operator to provide notification to the City 48-hours prior to commencement of initial site land-disturbance. In addition, the owner/operator shall provide notification to the City, at least 48-hours prior to any work within or across a stream-channel. Furthermore, within forty-five (45) days after Site Final Stabilization has been achieved, it shall be the responsibility of the owner/operator to file a Notice that site activities are complete. All notifications shall be made to the following City office:
Administrator
City of Groveport
655 Blacklick Street
Groveport, Ohio 43125
Inspection and enforcement actions shall include the following:
A. General Inspection requirements: The City or its representative 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. When facilities are not constructed according to approved plans, the City has the explicit authority to compel compliance with the approved plan and the objectives and standards of this regulation, which may include issuance of a stop-work-order and/or fines.
B. General Inspection Procedures:
1. A copy of the approved erosion and sediment control plan as well as updates and changes identified during construction shall be maintained on site, or in a location easily accessible by the contractor and the City's inspector.
2. On developing areas with disturbed areas in excess of one (1) acre, the permittee may request that the inspection agency inspect work completed at the stages of construction specified below, to ensure accordance with the approved erosion and sediment control plan, the grading or building permit, and this regulation:
a. Upon completion of installation of perimeter erosion and sediment controls, prior to proceeding with any other earth disturbance or grading. Other building or grading inspection approvals may not be authorized until initial approval by the inspection agency is made; and
b. Upon final stabilization before removal of sediment controls.
3. Every active site having a designed erosion and sediment control plan may be inspected for compliance with the plan at a frequency to be determined by the City.
4. 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 type of enforcement action taken.
5. The inspection 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 deficiency and/or a notice of violation and proceed with enforcement remedies as provided herein. 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 herein.
(e) Penalty. A person violating any provision of this chapter or who shall violate or fail to comply with any order made thereunder or who shall falsify plans or statements filed thereunder; or who shall continue to work upon any construction site after having received written notice from the City to cease work, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than fifty dollars ($50.00). A separate offense shall be deemed committed for each and every day during or upon which such illegal location, erection, construction, reconstruction, enlargement, change, maintenance or use occurs or continues. (Ord. 19-005. Passed 2-25-19.)