(A) Purpose and intent. General permits are intended to streamline the application of this chapter to land disturbing activities undertaken by specific public or governmental entities, or utilities which activities typically are repetitive and small-scale. General permits are also intended to simplify application of this chapter to land disturbing activities undertaken on individual residential lots within subdivision developments already subject to an approved detailed EPSC plan under this chapter.
(B) Authorization.
(1) The MSD, in consultation with the DPDS and the City of Louisville, shall have the authority to negotiate the terms and conditions of all general permits authorized by this section.
(2) When applicable, a general permit shall incorporate the terms and agreement reached in any memorandum of understanding between the MSD and individual state agencies or other subdivisions of the state.
(3) Notwithstanding the permitted scope of general permits as set forth in division (C) below, a general permit may include provisions that allow the MSD to specify review and approval processes for land disturbing activities undertaken by a general permittee otherwise subject to the terms and conditions of this chapter.
(4) The MSD Chief Engineer shall have authority to review, amend, and approve the terms and conditions of general permits with such approvals or amendments being effective following approval, or at such time specified, by the Chief Engineer.
(C) Scope of authorized general permits.
(1) (a) All land disturbing activities covered by an authorized general permit shall proceed subject to the specific terms and conditions of the general permit, which terms and conditions shall supersede and control over the administrative and review requirements set forth in §§ 156.025 through 156.033, the EPSC standards and criteria set forth in §§ 156.045 and 156.046, and the maintenance and performance requirements set forth in §§ 155.060 and 156.061.
(b) Notwithstanding this division (C)(1)(b), until the specific terms and conditions of the general permit are approved by the MSD Chief Engineer, the EPSC standards and criteria, the administrative and review requirements, and the maintenance and performance requirements set forth in this chapter shall apply to the subject land disturbing activity.
(2) Unless specifically addressed in the general permit, all other provisions of this chapter not addressed in division (C)(1) above, including specifically the enforcement and penalties provisions set forth in §§ 156.080 and 156.999, shall apply to all land disturbing activities subject to a general permit.
(D) Land disturbing activities covered by general permits.
(1) Land disturbing activities undertaken by public utilities.
(a) General permits shall be applicable to repetitive land disturbing activities undertaken by utilities, and the private contractors hired by the utility to undertake such work. Such activities may include:
1. Land disturbing activities associated with routine maintenance and/or repair of water, electric, gas, or communications lines;
2. Land disturbing activities associated with the placement of underground lines for the distribution or transmission of water, electric energy, gas, or communications services;
3. Land disturbing activities associated with placement of poles for overhead distribution or transmission of electric energy or of communications services; and
4. Land disturbing activities associated with small trench work and service hook-ups to individual residences and buildings.
(b) The general permit shall contain, among other things, standard EPSC practices for utilities land disturbing activities, which should include, but not be limited to, provisions that address:
1. Protection of stockpiled areas;
2. Protection along trenches (including perimeter controls during line installation and interior controls after backfilling);
3. Phasing and scheduling;
4. Stream crossing details; and
5. Final stabilization provisions.
(c) The general permit may have one set of EPSC provisions geared to utility installations connected with private development activity such as subdivisions, and a second set or provisions geared to a utility’s general maintenance/repair activities or its own initiated construction projects.
(2) Single-lot residential construction or demolition. A general permit shall be applicable to all land disturbing activities associated with the construction or demolition of residential principal and accessory structures on individual lots. The general permit shall allow such construction to proceed, subject to the following. The following single-lot residential construction shall be excluded from the terms of this general permit, and shall instead be subject to an individual review by the MSD:
(a) Individual residential building lots of record that were identified (“red flagged”) on the approved subdivision preliminary plan or record plat for additional restrictions or scrutiny prior to construction;
(b) The county, in consultation with the MSD and the City of Louisville, shall adopt administrative rules and procedures to implement this general permit, including, but not limited to, instituting a means to identify qualifying general permittees at the time of building permit issuance; and
(c) The general permit shall contain standard EPSC practices for the covered land disturbing activities, which should include, but not be limited to, provisions that address:
1. Perimeter controls;
2. Temporary construction access;
3. Protection and proper placement of stockpiled materials;
4. Protection around existing drainage structures;
5. Prevention of tracking soil, mud, and debris onto public rights-of-way;
6. Maintenance of EPSC measures;
7. Final stabilization;
8. Removal of EPSC measures following final stabilization; and
9. Inspection and record-keeping requirements.
(Ord. 26, passed 9-25-2001)