(a) Unless exempted by section 16-100, all clearing, grading, excavating, or filling activities that will result in the disturbance of one (1) or more acres of existing land surface, including those activities that are part of a common plan of development that disturbs collectively one (1) or more acres of land, are subject to the permitting and erosion control requirements of this section. No person shall conduct such activities until and unless the person obtains land disturbance permit coverage for such activities from the urban county government under the terms and conditions of the state pollutant discharge elimination system general permit for stormwater discharges associated with construction activities ("KYR10") issued by the state division of water on December 1, 2014.
(b) Except as otherwise herein provided, the terms and conditions of KYR10 issued December 1, 2014, by the state division of water and the associated notice of intent form (NOI-SWCA) are hereby incorporated by reference as the permit requirements of the county government for activities subject to this section.
(c) Permit coverage submittal.
(1) At least thirty (30) days prior to the proposed date of commencement of activities subject to this section, a person requiring permit coverage shall submit a notice of intent to be covered by KYR10 and a stormwater pollution prevention plan ("SWPPP") to the division of engineering for review. Aspects of a SWPPP that involve engineering design as defined in KRS 322.010 shall be prepared by a professional engineer licensed in Kentucky and shall be so identified and designated in the plan. The division of engineering shall conduct a summary review of the SWPPP to assess whether the SWPPP reasonably includes measures that address potential water quality impacts from construction prior to authorization of land disturbance through a KYR10 land disturbance permit. It shall be the sole responsibility of the permit applicant to ensure the accuracy and completeness of all drawings, calculations, and reports, and to ensure construction feasibility of the design. Within fifteen (15) working days after receipt of a plan, the division shall notify the permit applicant, in writing, of any deficiencies or omissions or shall issue the land disturbance permit.
(2) Authorization to commence activities subject to this section shall be effective upon the issuance of a land disturbance permit by the division of engineering under the terms and conditions of KYR10 and additional terms authorized by this section.
(3) If deficiencies are identified in the SWPPP, the division of engineering will notify the permit applicant of the deficiencies and shall not grant permit coverage until the deficiencies are addressed to the satisfaction of the division of engineering.
(4) The requirement to obtain and maintain permit coverage for activities subject to this section shall not terminate until a complete notice of termination is filed as provided in KYR10 (with a copy provided to the division of water quality) and a final site inspection is completed by the division of water quality concurring that the terms of the permit have been met. The division of water quality shall complete the final inspection within thirty (30) calendar days of receipt of the notice of termination.
(5) A land disturbance permit issued under this section shall expire one (1) year from the issuance date. The land disturbance permit shall expire if work has not commenced within one hundred eighty (180) days of the permit issuance date, or if no construction activity has occurred within a one-hundred-eighty-day period. The permittee may, at least ten (10) days prior to the expiration of the permit, request in writing an extension. The division of engineering shall extend the deadlines contained in the permit upon a showing by the extension request applicant:
(i) That there is sufficient justification for the extension;
(ii) That the extension will not create a new erosion hazard or permit an existing one to continue; and
(iii) That a new completion date has been set.
(d) Any person required to obtain permit coverage for activities subject to this section shall comply with the terms and conditions of KYR10 in conducting such activities, except as modified below.
(1) The exclusions set out in Section 1.2 of KYR10 are not applicable. The urban county government will allow permit coverage under KYR10 for all activities subject to this Section without regard to whether the state division of water requires coverage under an individual KPDES permit in lieu of KYR10. Alternatively, LFUCG will allow permit coverage to be established under an individual permit issued by the state division of water in lieu of KYR10.
(2) A SWPPP shall, in addition to satisfying the requirements of KYR10, contain best management practices ("BMPs") and erosion controls consistent with the urban county government's Engineering Stormwater Manual and Engineering Standard Drawings, as revised, modified, or amended from time to time.
(3) Inspection reports prepared for all inspections are not required to be certified by a responsible corporate officer. Inspection reports may be signed by the site operator or the qualified person that conducts the inspection on behalf of the site operator.
(4) The requirements for critical areas and buffer zones under KYR10 shall also apply to any municipal storm sewer inlet.
(5) The term "as soon as practicable" as used in KYR10 shall mean, for purposes of this section, at the earliest practicable time when external factors beyond the control of the permittee, such as inclement weather, would not prevent completion of the task.
(6) Any proposed variances or alternative practices from specific standards that are authorized by KYR10 shall be described in the SWPPP and are subject to review by the division of engineering.
(7) A SWPPP shall identify any structural water quality control measures that will be retained as part of the post-construction development land use.
(8) A SWPPP shall include any special conditions or BMPs required by the urban county government to specifically address streams identified as impaired by sedimentation and/or siltation under section 303(d) of the Clean Water Act to assure the discharge is effectively treated to minimize pollution to such impaired water body.
(9) A SWPPP shall include any special conditions or BMPs required by the state division of water as KPDES permit conditions to address antidegradation requirements for high quality or exceptional waters.
(e) Issuance of a permit by the division of engineering under this Section shall not relieve the permit applicant from obtaining permit authorizations to discharge stormwater from the state division of water under KYR10 or an individual KPDES permit prior to commencing activities subject to this section. A permit applicant shall provide the division with a copy of a written authorization to discharge under KYR10 that is issued by the state division of water as soon as practical after issuance of the state authorization.
(f) The permittee shall post a copy of the KYR10 land disturbance permit at the work site in a conspicuous location.
(g) The permittee shall notify the division of engineering and the division of water quality in writing (email, fax, or letter) at least two (2) working days before the following:
(1) Start of construction;
(2) Completion of final soil stabilization.
(Ord. No. 151-2010, § 2, 8-26-10; Ord. No. 38-2015, §§ 1—3, 4-30-15 ; Ord. No. 217-2016 , § 9, 12-6-16)