(A) Maintenance during construction.
(1) The permittee, or his or her designee, shall be required to conduct continuing inspections of all EPSC measures, and direct the appropriate persons to make any repairs or modifications necessary, within 48 hours of the initial discovery of a control failure or violation, unless extenuating circumstances such as weather or complexity of repairs or modifications justify a longer time frame. At a minimum, such inspections shall occur every seven calendar days and within 24 hours after each storm event that produces one-half inch or more of precipitation.
(2) In addition, silt accumulation upstream of temporary controls shall be removed when the control reaches the percentage of storage capacity established for the maintenance of that particular type of control in the MSD Design Manual, Standard Specifications, and Standard Drawings.
(3) A copy of the EPSC plan and records of all inspections, repairs, and modifications shall be available on-site throughout the duration of the construction or land-disturbing activity. All records of inspection shall be in a form specified by the MSD and shall include the date and time of inspection, and the name and signature of the inspector as defined in division (A)(1) above. These records shall be made available to agency inspectors upon request.
(4) If the permittee chooses to use a CCR for site inspections and monitoring of all land disturbing activities, the permittee shall sign a statement giving the CCR full authority to inspect the site and to require necessary measures to maintain compliance. The name, address, and phone number of the CCR shall be noted on the cover sheet of the submitted detailed EPSC plan, but in no instance later than the time notice of construction is filed with the MSD. If requested, the CCR shall submit signed and dated weekly inspection logs to the appropriate inspection agency. Copies of such logs shall be maintained on site and shall be signed and dated by the CCR.
(B) Post-construction maintenance. Following release or acceptance of a project (and termination of the site disturbance permit), the property owner shall be responsible for maintaining the project site in a manner to prevent soil erosion and sedimentation in violation of this chapter.
(C) Damage remediation.
(1) In the event of adverse impacts or off-site degradation resulting from improper controls or practice in violation of this chapter, the MSD shall have the authority to take the following action:
(a) Determine the extent of damage resulting from noncompliance with the plan or failure to maintain the practices required by the plan;
(b) Determine the impact and severity of the resulting adverse impacts or off-site degradation;
(c) Require and approve an agreement with the permittee for correction and clean-up of the existing damage and an agreement for prevention of future damage; and
(d) Cost incurred by the MSD and other agencies, as a result of having to hire outside expertise, to determine the extent, impact, and severity of damage and in remediating any such damage shall be collected from the permittee.
(2) Failure of the permittee to implement the agreement according to its terms shall constitute a violation of this chapter, and subject the permittee to all applicable enforcement actions and penalties.
(Ord. 26, passed 9-25-2001)