No person shall cause or allow soil-disturbing activities, land clearing, grading, excavating or filling within the scope of these rules without full compliance with the requirements set forth in these rules.
(a) When a proposed soil-disturbing activity on land used or being developed, either wholly or partially, for non-farm residential, commercial, industrial, recreational or other non-farm purposes consisting of one (1) or more contiguous acres of land owned by one person or operated as one development unit for the construction of non-farm buildings, structures, utilities, recreational areas or other limited non-farm uses, the owner of said land shall prepare and file with the Stark SWCD an Erosion and Sediment Control (ESC) plan. Areas of less than one (1) contiguous acres shall not be exempt from compliance with other provisions of these rules including but not limited to installing and maintaining erosion/sediment control practices to prevent sediment from depositing into local creeks, ditches, ponds, streets, highways or public lands or onto existing landowners properties.
(b) The owners must obtain an approved plan before starting any soil-disturbing activity. It is mandatory that a qualified person with knowledge of erosion/sediment control design the ESC Plan.
(c) The owner shall submit three ESC plans to the City of Massillon Engineer and to the Stark SWCD no less than thirty (30) days before any soil-disturbing activity at the proposed site. This process is explained in Section 920.06
.
(Ord. 54-2008. Passed 3-17-08.)
(d) The owner or owner’s delegated representative of said land shall notify the City of Massillon Engineer and Stark SWCD no less than two (2) working days before the start of soil-disturbing activity. The owner shall also notify the City of Massillon Engineer and Stark SWCD no later than five (5) working days after project completion.
(e) The ESC plan shall contain narrative and drawings that explain practices to be used to prevent soil erosion and off-site disposal of soil sediment during and after land development. (See Section 920.05 for plan requirements and review schedules)
(Ord. 84-2004. Passed 5-3-04.)
(Ord. 84-2004. Passed 5-3-04.)
(f) Erosion and sediment control practices used to satisfy the performance criteria of these Rules shall meet the specifications provided in the most current edition of Rainwater & Land Development Manual, Ohio’s Standards for Storm Water Management and Land Development, and Urban Stream Protection, published by Ohio Department of Natural Resources. The SWPPP shall meet the minimum requirements listed in the most recent Ohio EPA Construction General Permit. The City in conjunction with the Stark SWCD shall review any new or innovative practice before incorporating them into a plan. (See Section 920.05
for performance standards and requirements.)
(Ord. 54-2008. Passed 3-17-08.)
(g) The ESC plan shall contain all items in Section 920.05 of these rules and shall be accompanied by proof of compliance and/or notification with required natural resource permits and documentation relevant to the project, including:
(1) Proof of compliance with the Ohio Environmental Protection Agency (OEPA) General Storm Water National Pollution Discharge Elimination System (NPDES) permit. Proof of compliance shall be, but not limited to, a copy of NPDES General Storm Water permit Notice of Intent, and/or a copy of NPDES General Storm Water permit number, and/or a copy of OEPA Director’s Acceptance Letter for NPDES permit.
(2) Proof of compliance with Section 404 of the Clean Water Act administered by the US Army Corps to streams, wetlands, and waterways under its jurisdiction. Proof of compliance shall be, but is not limited to, a copy of the US Army Corps of Engineers permit number, and/or project approval letter from a US Army Corps of Engineers agent.
(3) Proof of compliance with the Ohio Dam Safety Law administered by ODNR Division of Water. Proof of compliance shall be, but is not limited to, a copy of the ODNR Division of Water permit number, and/or project approval letter from the ODNR Division of Water. If the dam is exempt from the Ohio Dam Safety Laws, a letter from the designer stating the criteria for exemption is satisfactory.
(4) Wetland Delineation verified by the US Army Corps of Engineers.
(h) The owner and/or developer of said land and/or the developer’s delegated representative shall meet with the Stark SWCD for a Pre-Construction Meeting no less than seven (7) days prior to soil-disturbing activity at the site.
(i) The Developer’s delegated representative shall perform first inspection of erosion and sediment control practices to certify that the practices comply with the approved plan no less than two (2) working days after the start of the project. An inspection report confirming this should be completed by the Developer’s delegated representative and if requested, sent to the Stark SWCD confirming said inspection. Stark SWCD will perform bi-monthly inspections of on going construction sites sending a verbal report of any deficiencies.
(j) All permitted activity shall be subject to monitoring. Site inspection by the Stark SWCD shall record compliance. (See Section 920.06 for monitoring schedule, inspection reports and findings of non-compliance).
(k) If the site is, or plans to remain active through the winter months, a Pre-Winter Stabilization Meeting shall be held by the developer of said land and/or delegated representative of the project and the Stark SWCD prior to October 1, in order to plan winter erosion and sediment controls as defined in the most current edition of Rainwater & Land Development Manual, Ohio’s standards for Storm Water Management and Land Development, and Urban Stream Protection, published by Ohio Department of Natural Resources.
(l) Upon completion of all construction and final stabilization of the entire construction site, the owner or delegated representative of said land shall contact the Stark SWCD through written notification that construction is complete and final stabilization, as specified in the Rainwater & Land Development Book, has been achieved. (Ord. 84-2004. Passed 5-3-04.)