(A) Applicability. No land disturbing activity subject to the provisions of this chapter shall take place except in accordance with either:
(1) An approved EPSC plan and a duly-issued site disturbance permit; or
(2) An authorized general permit.
(B) Types of EPSC plan approval procedures. For purposes of this chapter, there are three types of plan approval procedures keyed to the proposed land disturbing activity at issue: Type I review, Type II review, and review pursuant to a general permit. These review procedures are described in §§ 156.030 through 156.032, and summarized in 156.028.
(C) Types of permits. There are two types of permits granted by the MSD to allow land disturbing activities subject to the provisions of this chapter: site disturbance permits (Type I and Type II approvals) and general permits. These permit requirements are keyed to the proposed land disturbing activity at issue and are described in §§ 156.030 through 156.032, and summarized in 156.028.
(D) Types of EPSC plans required. There are two types of EPSC plans that may be required as part of an application for approval of land disturbing activities subject to this chapter: concept EPSC plans and detailed EPSC plans. Plan preparation requirements are described in 156.029.
(1) Concept EPSC plans are required only for those land disturbing activities subject to a Type I review and not otherwise exempt or subject to a general permit under the terms of this chapter. When no concept EPSC plan is required, documentation will be so noted on the land-use plan receiving preliminary plan approval from the MSD.
(2) Detailed EPSC plans are required for all land disturbing activities subject to this chapter, except those authorized by a general permit.
(E) Applications. Applications for review and approval of EPSC plans shall be submitted by the permittee on forms provided by the MSD in such numbers as required by the MSD. Applications shall be accompanied by a non-refundable fee established by the MSD to defray the costs of program administration and operation.
(F) Permitted scope of action.
(1) All EPSC plans shall be approved according to the procedures set forth in §§ 156.030 through 156.032. In addition, all plans shall evidence compliance with the standards set forth in §§ 156.045 and 156.046 and applicable standards and specifications set forth in the MSD’s Design Manual, Standard Specifications, and Standard Drawings.
(2) The MSD may impose conditions on the application or allow amendments to the application if the effect of the conditions or amendments is to ensure compliance with this chapter and/or reduce the erosion or sedimentation adverse impacts or off-site degradation of the development or land disturbing activity.
(G) Submittal requirements. A schedule of submittal requirements for each type of application and plan required under this chapter is set forth in the MSD Design Manual. The schedule of submittal requirements shall be reviewed periodically and may be adjusted, if necessary, by the MSD.
(H) Revocation authority. The MSD shall have the authority to revoke any final approval or permit granted pursuant to this chapter, after notice to the permittee, upon a finding of any of the following:
(1) The land disturbing activity is being undertaken in violation of this chapter;
(2) The land disturbing activity is being undertaken in violation of any approved plans, specifications, or conditions of approval;
(3) The land disturbing activity is being undertaken in such a way as to constitute a public nuisance; or
(4) (a) The approval or permit was procured by false representation or was issued by mistake.
(b) Upon revocation of any final approval or permit, all land disturbing activities authorized by that approval or permit shall cease until and unless a permit or approval is reissued; provided that all remedial or reclamation work shall proceed as directed by the MSD.
(Ord. 26, passed 9-25-2001)