Operation and Maintenance Plan: If the SWP3 includes structural post-construction BMPs, the developer/property owner shall prepare an Operation and Maintenance Plan meeting the minimum requirements of the latest version of the Ohio EPA NPDES Construction General Permit for redevelopment and new development projects wherein construction activities will result in the disturbance of one or more acres.
The Operation and Maintenance Plan shall be submitted by the developer/property owner to the City for review and approval prior to the City issuing the building permit.
The Operation and Maintenance Plan must be a stand-alone document which includes the following:
The name of the entity responsible for providing the Best Management Practices (BMP(s) inspection and maintenance.
A table listing the routine and non-routine maintenance tasks to be undertaken.
The schedule for inspection and maintenance tasks.
Any necessary legally binding maintenance easements and agreements required to properly inspect and maintain the BMP(s).
A map showing the location of the BMP(s) on the City approved SWP3 and all access and maintenance easements.
Detailed BMP drawings and inspection and maintenance procedures.
An assurance from the developer/property owner that the collected pollutants from structural post-construction practices will be disposed of in accordance with local, state and federal regulations.
Inspection and Maintenance Agreement. An Inspection and Maintenance Agreement shall be made between the Owner and the City, using a format acceptable to the City, ensuring that the BMP(s) shall be properly inspected and maintained. The agreement shall include a waiver of liability and a release excepting the City of Maumee from all damages, accidents, casualties, occurrences, or claims that might arise or be asserted against the City of Maumee from the construction, presence, existence, or maintenance of the post-construction Best Management Practices. Once the Inspection and Maintenance Agreement is signed, it shall be appended to the Operation and Maintenance Plan.
Inspection. Personnel identified within the Operation and Maintenance Plan shall inspect the BMP(s) to ensure proper functionality and determine if maintenance is necessary.
At a minimum, inspections are to be conducted annually, or more frequently as specified within the Operation and Maintenance Plan.
Written inspection reports summarizing the BMP(s) inspection observations and maintenance requirements are to be submitted to the City within thirty days after each inspection.
Maintenance. All BMPs are to be maintained according to the measures outlined within the Operation and Maintenance Plan.
The Owner shall make necessary repairs within thirty days of their discovery as identified within the inspection reports or through a request from the City resulting from inspections conducted by the City.
Completed maintenance activities shall be documented on a written report submitted to the City.
In addition to any applicable provisions of Sections 937.11. 937.16 and 937.99, the Owner shall grant permission to the City to enter the property and inspect the BMP(s) whenever the City deems necessary. In any default or failure by the Owner to properly maintain the BMP(s), or should an emergency occur, the City, in its sole discretion, after providing reasonable notice to the Owner, may enter the property and take whatever steps necessary to correct deficiencies and charge the cost of such repairs to the Owner.
Nothing herein shall obligate the City to maintain the BMP(s).
The applicant must provide an Inspection and Maintenance Agreement as part of the Storm Water Pollution Prevention Plan submittal. A recorded copy of the Agreement must be submitted to the City prior to completion of the Notice of Termination (NOT).
(Ord. 269-2018. Passed 12-17-18.)