(a) Any person performing construction work in the city watershed of the City of Martinsburg shall comply with the provisions of this Article and shall provide erosion and sediment controls that effectively prevent discharges of pollutants to the storm drain system and/or receiving stream.
(1) Property owners or a designated responsible party conducting land disturbance or landfilling activities that disturb up to 5,000 square feet of total area shall complete a site registration application for their project with the Director. Such site registration will require identification of the project owner and contractor or other entity in charge of operations at the site. Upon filing the site registration, the applicant will receive written guidelines on small construction site Best Management Practices (BMPs) to prevent erosion, control sediment and prevent the contamination of stormwater runoff on construction sites.
(2) Property owners or a designated responsible party conducting land disturbance or landfilling activities that disturb greater than 5,000 square feet up to 25,000 square feet shall submit to the Director a site registration application for the project. Such site registration will require identification of the project owner and contractor or other entity in charge of operations at the site. In addition, an erosion and sediment control plan must be submitted for the project.
(3) Property owners or a designated responsible party conducting land disturbance or landfilling activities that disturb greater than 25,000 square feet shall submit to the Director a site registration application for their project with the Director. Such site registration will require identification of the project owner and contractor or other entity in charge of operations at the site. In addition, a storm water pollution prevention plan (SWPPP) must be submitted for the project.
(b) The Director shall issue regulations and guidelines for the preparation of acceptable project submissions, including erosion and sediment control plans and storm water pollution prevention plans, and shall establish by regulation standards and guidelines for the implementation and maintenance of best management practices designed to provide erosion and sediment control from construction sites.
At a minimum, these regulations shall address:
(1) Erosion controls through the protection and preservation of the soil at an active construction site to prevent off-site sedimentation.
(2) Sediment controls to remove sediment from runoff before the runoff is discharged from an active construction site.
(3) Stabilization and structural practices to prevent sedimentation and erosion.
(4) Stormwater management measures to be installed before, coincident with and upon completion of construction activities. These measures shall be designed to reduce or eliminate pollutants discharged from the site and to promote flood control objectives designated by the Director.
(5) Construction site housekeeping best management practices, including, but not limited to, equipment maintenance, repair and cleaning, waste management and collection, storage of materials and chemicals, and sanitary facilities.
(6) Compliance with any and all other requirements imposed under the provisions of the Clean Water Act.
No landowner or land operator shall receive any building, grading or other land development permit or administrative authorization/license required for building or land disturbance activities without meeting the requirements of this section.
(Ord. 2010-17. Passed 1-13-11.)