(A) General requirements.
(1) All operators of construction sites shall use best management practices to control and reduce the discharge, to the MS4 and to waters of the United States, of sediment, silt, earth, soil and other material associated with the clearing, grading, excavation and other construction activities to the maximum extent practicable under the circumstances. Such best management practices may include but not be limited to the following measures:
(a) Ensuring that existing vegetation is preserved where feasible, and that disturbed portions of the site are stabilized as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased. Stabilization measures may include: temporary seeding, permanent seeding, mulching, geotextiles, sod stabilization, vegetative buffer strips, protection of trees, preservation of mature vegetation and other appropriate measures;
(b) Use of structural practices to divert flows from exposed soils, store flows or otherwise limit runoff and the discharge of pollutants from the site to the extent feasible;
(c) Minimization of the tracking of sediments off-site by vehicles, the generation of dust and the escape of other windblown waste from the site;
(d) Prevention of the discharge of building materials, including cement, lime, concrete and mortar to the MS4 or waters of the United States;
(e) Providing general good housekeeping measures to prevent and contain spills of paints, solvents, fuels, septic waste and other hazardous chemicals and pollutants associated with construction, and to assure proper cleanup and disposal of any such spills in compliance with state, federal and local requirements;
(f) Implementation of proper waste disposal and waste management techniques, including covering waste materials and minimizing ground contact with hazardous chemicals and trash;
(g) Timely maintenance of vegetation, erosion and sediment control measures, and other best management practices in good and effective operating condition; and
(h) Installation of structural measures during the construction process to control pollutants in stormwater discharges that will occur after construction operations have been completed. Structural measures should be placed on upland soils to the degree attainable. Such installed structural measures may include but not be limited to the following: stormwater detention structures (including wet ponds); stormwater retention structures; flow attenuation by use of open vegetative swales and natural depressions; other velocity dissipation devices; infiltration of runoff on site; and sequential systems which combine several practices. Operators of construction sites are only responsible for the installation and maintenance of stormwater management measures prior to final stabilization of the site and are not responsible for maintenance after stormwater discharges associated with construction activity have terminated.
(2) Qualified personnel (provided by the operator of the construction site) shall inspect disturbed areas of any construction site that have not been finally stabilized, areas used for storage of materials that are exposed to precipitation, structural control measures and locations where vehicles enter or exit the site at least once every seven calendar days and within 24 hours of the end of a storm that is 0.5 inches or greater. All erosion and sediment control measures and other identified best management practices shall be observed in order to ensure that they are operating correctly and are effective in preventing significant impacts to receiving waters and the MS4. Based on the results of the inspection, best management practices shall be revised as appropriate, and as soon as is practicable.
(3) The Building Inspector may require any plans and specifications that are prepared for the construction of site improvements to illustrate and describe the best management practices required by division (A)(1) above that will be implemented at the construction site. The city may deny approval of any building permit, grading permit, subdivision plat, site development plan or any other city approval necessary to commence or continue construction, or to assume occupancy, on the grounds that the management practices described in the plans or observed upon a site inspection by the Building Inspector are determined not to control and reduce the discharge of sediment, silt, earth, soil, and other materials associated with clearing, grading, excavation and other construction activities to the maximum extent practicable under the circumstances.
(4) Any owner of a site of construction activity, whether or not he or she is an operator, is jointly and severally responsible for compliance with the requirements in this division.
(5) Any contractor or subcontractor on a site of construction activity who is not an owner or operator but who is responsible under his or her contract or subcontract for implementing a best management practices control measure, is jointly and severally responsible for any willful or negligent failure on his or her part to adequately implement that control measure if such failure causes or contributes to causing the city to violate a water quality standard, the city's NPDES permit, or any state-issued discharge permit for discharges from its MS4.
(B) Five-acre disturbances.
(1) All operators of sites of construction activity, including clearing, grading and excavation activities that result in the disturbance of five or more acres of total land area, or that are part of a common plan of development or sale within which five or more acres of total land area are disturbed (or who are required to obtain an NPDES permit for stormwater discharges associated with construction activity), shall comply with the following requirements (in addition to those in division (A)):
(a) Any operator who intends to obtain coverage for stormwater discharges from a construction site under the NPDES general permit for stormwater discharges from construction sites ("the construction general permit") shall submit a signed copy of its notice of intent (NOI) to the Building Inspector at least two days prior to the commencement of construction activities. If the construction activity is already underway upon the effective date of this chapter, the NOI shall be submitted within 30 days. For stormwater discharges from construction sites where the operator changes, an NOI shall be submitted at least two days prior to when the operator commences work at the site.
(b) A Stormwater Pollution Prevention Plan (SWPPP) shall be prepared and implemented in accordance with the requirements of the construction general permit or any individual or group NPDES permit issued for stormwater discharges from the construction site, and with any additional requirement imposed by or under this chapter and any other city ordinance.
(2) On a site of more than one acre in total land area (or a site which is impacted by offsite drainage for more than one acre), the SWPPP shall be prepared, signed and sealed by a registered professional engineer. The signature and seal of the registered professional engineer shall constitute his or her attestation that the SWPPP fully complies with the requirements of the construction general permit, or with any applicable individual or group NPDES permit issued for stormwater discharges from the construction site, and with any additional requirement imposed by or under this chapter. The SWPPP shall contain the name, title and business address of the registered professional engineer signing it, and the date that he or she did so.
(3) The SWPPP shall be completed prior to the submittal of the NOI to the Building Inspector and for new construction, prior to the commencement of construction activities. The SWPPP shall be updated and modified as appropriate and as required by the construction general permit and this chapter. Any update or modification to the SWPPP shall be prepared, signed, and sealed by a registered professional engineer, if the original SWPPP was required by division (B)(2) above to have been prepared by a registered professional engineer.
(4) A copy of any NOI that is required by division (B)(1)(a) shall be submitted to the city in conjunction with any application for a building permit, grading permit, subdivision plat approval, site development plan approval, and any other city approval necessary to commence or continue construction at the site.
(5) The Building Inspector may require any operator who is required by division (B)(1)(b) to prepare a SWPPP to submit the SWPPP, and any modifications thereto, to the Building Inspector for review. Such submittal and review of the SWPPP may be required by the Building Inspector prior to commencement of or during construction activities at the site.
(6) Upon the Building Inspector review of the SWPPP and any site inspection that he or she may conduct, the city may deny approval of any building permit, grading permit, subdivision plat, site development plan or any other city approval necessary to commence or continue construction or to assume occupancy on the grounds that the SWPPP does not comply with the requirements of the construction general permit, any individual or group NPDES permit issued for stormwater discharge from the construction site, or any additional requirement imposed by or under this chapter. Also, if at any time the Building Inspector determines that the SWPPP is not being fully implemented, the city may similarly deny approval of any building permit, grading permit, subdivision plat, site development plan or any other city approval necessary to commence or continue construction or to assume occupancy at the site.
(7) Any significant modification to the SWPPP for a site of more than one acre of total land area (or a site which is impacted by offsite drainage from more than one acre) shall be prepared, signed and sealed by a registered professional engineer as required for the original SWPPP by division (B)(2).
(8) All contractors and subcontractors identified in an SWPPP shall sign a copy of the following certification statement before conducting any professional service identified in the SWPPP: