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1129.08 STORMWATER POLLUTION PREVENTION PLAN (SWP3).
The applicant shall submit a SWP3 that meets the requirements of the Construction General Permit and the following additional requirements. The SWP3 shall be certified by a professional engineer, a registered surveyor, certified professional erosion and sediment control specialist, or a registered landscape architect. The SWP3 shall include control measures to ensure that discharges from the construction site and construction support activities comply with the non- numeric effluent limitations contained in the Construction General Permit.
In addition to all information required by the Construction General Permit, the SWP3 shall also include completed design tools found on Ohio EPA's website such as the Sediment Basin Compliance Spreadsheet.
Before any off-site support areas such as borrow or spoil areas, concrete or asphalt batch plants, equipment staging yards or material storage areas are created and utilized for a specified project, a SWP3 for the off-site support area must be submitted and approved by the Village Engineer. The applicant shall ensure appropriate permits have been obtained to operate the off-site support area. Failure to do so can lead to enforcement action under Sections 1129.13 and 1129.14 of this code.
The Village Engineer may require the SWP3 to include a Soils Engineering Report based upon his/her determination that the conditions of the soils are unknown or unclear to the extent that additional information is required to protect against erosion or other hazards. This report shall be based on adequate and necessary test borings and shall contain all the information listed below. Recommendations included in the report and approved by the Village Engineer shall be incorporated in the grading plans and/or other specifications for site development.
(a) Data regarding the nature, distribution, strength, and erodibility of existing soils.
(b) If applicable, data regarding the nature, distribution, strength, and erodibility of the soil to be placed on the site.
(c) Conclusions and recommendations for grading procedures.
(d) Conclusions and recommended designs for interim soil stabilization devices and measures, and for permanent soil stabilization after construction is completed.
(e) Design criteria for corrective measures when necessary.
(f) Opinions and recommendations covering the stability of the site.
(g) Delineations of surface waters of the state located on the site. Affirmation by the U.S. Army Corps of Engineers may be required.
(Ord. 2022-19. Passed 10-17-22.)
1129.09 PERFORMANCE STANDARDS.
The SWP3 must contain a description of the controls appropriate for each stage of construction operation and the applicant must implement such controls. BMP selection and design must meet criteria established within the current Construction General Permit. BMPs must be designed, constructed, and installed to meet the specifications in the Rainwater and Land Development Manual or another design manual acceptable to the Village. The approved SWP3, and the sediment and erosion controls, and non-sediment pollution controls contained therein, shall be implemented and maintained according to the requirements in the Construction General Permit. Site operators must conduct site inspections as described in the Construction General Permit.
Certified inspection reports shall be submitted to the Village Engineer within seven (7) working days from the inspection and retained at the development site.
The following standards will also apply:
(a) BMPs must be implemented to ensure sediment is not tracked off-site and that dust is controlled. These BMPs must include, but are not limited to, the following:
(1) Construction entrances shall be built and shall serve as the only permitted points of ingress and egress to the development area. These entrances shall be built of a stabilized pad of aggregate stone or recycled concrete, or cement sized greater than two (2) inches in diameter placed over a geotextile. Culverts shall be provided where construction entrances cross drainage ditches and water bars shall be provided to divert sediment-laden runoff away from connected roadways.
(2) Streets and catch basins adjacent to construction entrances shall be kept free of sediment tracked off site. Streets directly adjacent to construction entrances and receiving traffic from the development area, shall be cleaned daily to remove sediment tracked off-site. If applicable, the catch basins on these streets nearest to the construction entrances shall also be cleaned weekly and protected from sediment-laden runoff, if feasible without posing a public safety hazard.
(3) Based on site conditions, the Village Engineer and/or the Cuyahoga County SWCD may require additional best management practices to control off site tracking and dust. These additional BMPs may include:
A. Fencing shall be installed around the perimeter of the development area to ensure that all vehicle traffic adheres to designated construction entrances.
B. Applicants shall take all necessary measures to comply with applicable regulations regarding fugitive dust emissions, including obtaining necessary permits for such emissions. The Village Engineer and/or the Cuyahoga County SWCD may require dust controls including the use of water trucks to wet disturbed areas, tarping stockpiles, temporary stabilization of disturbed areas, and regulation of the speed of vehicles on the site.
(b) Construction Vehicles Shall Avoid Water Resources. If it is infeasible to provide and maintain an undisturbed natural buffer around water resources, the SWP3 shall comply with all the following additional requirements:
(1) All stream crossings shall be designed as specified in the most recent edition of the Rainwater and Land Development Manual.
(2) Temporary stream crossings shall be constructed if water resources or wetlands will be crossed by construction vehicles during construction.
(3) Construction of bridges, culverts, or sediment control structures shall not place soil, debris, or other particulate material into or close to the water resources or wetlands in such a manner that it may slough, slip, or erode.
(4) Protected areas or critical areas, including wetlands and riparian areas shall be physically marked in the field prior to earth disturbing activities.
(c) For sites that will not be completed by October 1, a Pre-Winter Stabilization Meeting shall be held by the landowner and the developer, engineer and contractor of the project and the Village Engineer prior to October 1, in order to plan and approve winter erosion and sediment controls as defined in the most current online the edition of Rainwater and Land Development Manual. (Ord. 2022-19. Passed 10-17-22.)
1129.10 ABBREVIATED STORMWATER POLLUTION PREVENTION PLAN (SWP3).
(a) In order to control sediment pollution of water resources, the applicant shall submit an Abbreviated SWP3 in accordance with the requirements of this regulation.
(b) The Abbreviated SWP3 shall be certified by a professional engineer, a registered surveyor, certified professional erosion and sediment control specialist, or a registered landscape architect.
(c) The Abbreviated SWP3 shall include a minimum of the following BMPs. The Village Engineer may require other BMPs as site conditions warrant.
(1) Construction Entrances: Construction entrances shall be built and shall serve as the only permitted points of ingress and egress to the development area. These entrances shall be built of a stabilized pad of aggregate stone or recycled concrete or cement sized greater than two (2) inches in diameter and placed over a geotextile fabric.
(2) Concrete Truck Wash Out: The washing of concrete material into a street, catch basin, or other public facility or natural resource is prohibited. A designated area for concrete washout shall be indicated on the plan. Use for other waste and wastewater is prohibited.
(3) Street Sweeping: Streets directly adjacent to construction entrances and receiving traffic from the development area shall be cleaned daily to remove sediment tracked off-site. If applicable, the catch basins on these streets nearest to the construction entrances shall be cleaned weekly.
(4) Stabilization. The development area shall be stabilized as detailed in Table 4.
Table 4: Stabilization
Area requiring temporary stabilization | Time frame to apply erosion controls |
Any disturbed area within 50 feet of a surface water of the state and not at final grade. | Within 2 days of the most recent disturbance if that area will remain idle for more than 14 days. |
For all construction activities, any disturbed area, including soil stockpiles that will be dormant for more than 14 days but less than one year, and not within 50 feet of a stream | Within 7 days of the most recent disturbance within the area. |
Disturbed areas that will be idle over winter. | Prior to November 1. |
Areas at final grade | Within 7 days of reaching final grade or within 2 days of reaching final grade for areas within 50 feet of a surface water of the state. |
Note: Where vegetative stabilization techniques may cause structural instability or are otherwise unobtainable, alternative stabilization techniques must be employed. |
(5) Inlet Protection. Erosion and sediment control practices, such as boxed inlet protection, shall be installed on storm water catch basins located on the subject property and, if there is no threat to public safety, on curb inlets closest to the construction entrance, to minimize sediment-laden water entering active storm drain systems, including rear yard inlets.
(6) Silt Fence and Other Perimeter Controls. Silt fence and other perimeter controls approved by the Village Engineer shall be used to protect adjacent properties and water resources from sediment discharged via sheet (diffused) flow. Silt fence shall be placed along level contours and the permissible drainage area is limited to those indicated in in the Construction General Permit.
(7) Internal Inspection and Maintenance. All controls on the development area shall be inspected at least once every seven (7) calendar days and within twenty-four (24) hours after any storm event greater than one-half inch of rain per twenty-four (24) hour period. Maintenance shall occur as detailed below:
A. When BMPs require repair or maintenance. If the internal inspection reveals that a BMP is in need of repair or maintenance, with the exception of a sediment-settling pond, it must be repaired or maintained within three (3) days of the inspection. Sediment settling ponds must be repaired or maintained within ten (10) days of the inspection.
B. When BMPs fail to provide their intended function. If the internal inspection reveals that a BMP fails to perform its intended function and that another, more appropriate control practice is required, the Abbreviated SWP3 must be amended, and the new control practice must be installed within ten (10) days of the inspection.
C. When BMPs depicted on the Abbreviated SWP3 are not installed. If the internal inspection reveals that a BMP has not been implemented in accordance with the schedule, the BMP must be implemented within ten (10) days from the date of the inspection. If the inspection reveals that the planned control practice is not needed, the record must contain a statement of explanation as to why the control practice is not needed.
(8) Final Stabilization: Final stabilization is achieved when the site has reached eighty percent (80%) cover and when the Village Engineer approves the site condition. (Ord. 2022-19. Passed 10-17-22.)
1129.11 FEES.
The SWP3 and Abbreviated SWP3 review, filing, and inspection fee is part of a complete submittal and is required to be submitted to the Village and if directed, the Cuyahoga County SWCD before the review process begins. Please consult with the Village Building Department for current fee schedule. (Ord. 2022-19. Passed 10-17-22.)
1129.12 BOND.
(a) If a SWP3 or Abbreviated SWP3 is required by this regulation, soil disturbing activities shall not be permitted until a cash bond or deposit has been deposited with the Village Finance Department. The amount shall be a one thousand five hundred dollars ($1,500) minimum, and an additional one thousand five hundred dollars ($1,500) paid for each subsequent acre or fraction thereof or the cost of stabilizing disturbed areas based on a fee schedule established by the Village. The bond will be used for the Village to perform the obligations otherwise to be performed by the owner of the development area as stated in this regulation and to allow all work to be performed as needed in the event that the applicant fails to comply with the provisions of this regulation. The cash bond shall be returned, less Mayfield Village administrative fees as detailed in Chapter 1129 of the Village Codified Ordinances, after all work required by this regulation has been completed and final stabilization has been reached, all as determined by the Village Engineer.
(b) A portion of bond (equivalent of cost to apply final stabilization) will be retained until all areas disturbed by construction activity are permanently stabilized and a Notice of Termination has been submitted to Ohio EPA. Where vegetative growth is used to achieve permanent stabilization, the area shall comply with final stabilization requirements of the Construction General Permit.
(c) No project subject to this regulation shall commence without a SWP3 or Abbreviated SWP3 approved by the Village Engineer.
(Ord. 2022-19. Passed 10-17-22.)
1129.13 ENFORCEMENT.
(a) If the Village and/or Cuyahoga County SWCD determines that a violation of the rules adopted under this code exist, the Village or its authorized representative may issue an immediate stop work order if the violator failed to obtain any federal, state, or local permit necessary for sediment and erosion control, earth movement, clearing, or cut and fill activity.
(b) All development areas may be subject to external inspections by the Village Engineer or his or her authorized representative to ensure compliance with the approved SWP3 or Abbreviated SWP3.
(c) After each external inspection, the Village Engineer shall prepare and distribute a status report to the applicant.
(e) Failure to maintain and repair erosion and sediment controls per the approved SWP3 plan may result in the following escalation. The penalty is determined by the total number of violations per site even if the violations are for different BMPs.
(1) First Violation: The Village will issue a Notice of Deficiency to the owner or operator. All controls are to be repaired or maintained per the SWP3 plan within three (3) days of the notification. If controls have not been corrected after this time, the Village Building Department Commissioner or other authorized representative of the Building Department may issue a Stop Work Order for all activities until corrections have been made.
(2) Second Violation: The Village may issue a formal Notice of Violation which includes a five hundred dollars ($500.00) administrative fee against the SWP3 Bond or site plan deposit. All controls are to be repaired or maintained per the approved SWP3 plan within three (3) days of the Notice of Violation. If controls have not been corrected after this time, the Village Building Department Commissioner or other authorized representative of the Building Department may issue a Stop Work Order for all activities until corrections have been made.
(3) Third and subsequent violations: The Village Building Department Commissioner or other authorized representative of the Building Department may issue a Stop Work Order for all construction activities and charge a one thousand dollars ($1,000) administrative fee against the SWP3 bond or site plan deposit. The Stop Work Order will be lifted once all controls are in compliance with the approved SWP3 plan.
(f) The Village Engineer shall have the authority to make immediate on-site adjustments to the SWP3 in order to achieve compliance with this ordinance.
(g) A final inspection will be made to determine if the criteria of this code has been satisfied and a report will be presented to the Village and the site operator on the site's compliance status.
(h) The Village Engineer will monitor soil-disturbing activities for non-farm residential, commercial, industrial, or other non-farm purposes on land of less than one (1) contiguous acre to ensure compliance required by these Rules.
(i) The Village shall notify the U.S. Army Corps of Engineers when a violation on a development project covered by an Individual or Nationwide Permit is identified. The Village shall notify the Ohio Environmental Protection Agency when a violation on a development project covered by a Section 401 Water Quality Certification and/or Isolated Wetland Permit is identified.
(j) The Village shall not issue building permits for projects regulated under this code without approved SWP3s.
(Ord. 2022-19. Passed 10-17-22.)
1129.14 VIOLATIONS.
(a) No person shall violate or cause or knowingly permit to be violated any of the provisions of this regulation or fail to comply with any of such provisions or with any lawful requirements of any public authority made pursuant to this regulation, or knowingly use or cause or permit the use of any lands in violation of this regulation or in violation of any permit granted under this regulation.
(b) Upon notice, the Mayor and/or Mayor's designee may suspend any active soil disturbing activity for a period not to exceed ninety (90) days and may require immediate erosion and sediment control measures whenever he or she determines that such activity is not meeting the intent of this regulation. Such notice shall be in writing, shall be given to the applicant, and shall state the conditions under which work may be resumed. In instances, however, where the Mayor and/or Mayor's designee finds that immediate action is necessary for public safety or the public interest, he or she may require that work be stopped upon verbal order pending issuance of the written notice. (Ord. 2022-19. Passed 10-17-22.)
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