(A) Purpose. The requirements set forth in this chapter are intended to:
(1) Control or eliminate soil erosion and sedimentation from construction site stormwater runoff related to land disturbing activities within the city limits of the City of Morehead;
(2) Control or eliminate waste from construction site operators that may cause adverse impacts to water quality.
(B) Land disturbance activity.
(1) Any activity disturbing one (1) or more acres of soil or any disturbed area of less than one (1) acre but part of larger plan of development is subject to the provisions of this chapter and shall not take place without an authorized EPSC permit.
(2) Unless determined to be a problem, the following activities are exempt from obtaining an EPSC permit and the provisions of this chapter:
(a) Emergencies posing an immediate danger to life or property, substantial flood or fire hazards, or natural resources;
(b) Underground utility repairs in paved areas, home gardens, minor repairs, maintenance work, installation of fence, sign, telephone, and electric poles and other kinds of posts or poles;
(c) Agricultural operations required to adopt and implement an individual agriculture water quality plan pursuant to the requirements set forth in the Kentucky Agriculture Water Quality Act (KRS Chapter 224); and
(d) Usual and customary site investigations, such as geotechnical explorations, clearing for surveying work, monitoring wells and archaeological explorations, which are undertaken prior to submittal of an application for a preliminary subdivision plat.
(e) Building improvements on existing residential dwellings (garages, additions, porches, etc.).
(3) The Issuing Authority may on a project-by-project basis exempt other minor land disturbance activities not specifically identified in the exemptions above.
(4) Land disturbance activities on individual lots or parcels that are part of a larger common plan of development are also subject to the provisions of this chapter. In this situation, if the individual lot or parcel owner is different than the permittee of the larger common plan of development, the individual lot or parcel owner (i.e. builder) is responsible for complying with the provisions of these regulations and is required to obtain an EPSC permit. The permittee of the larger plan of development is also responsible for EPSC measures for land disturbance activity on the individual lot or parcel until eighty percent (80%) build-out of the development is reached.
(C) EPSC requirements.
(1) Plan requirements. Sites where land disturbance activities are proposed will require an EPSC plan approved by the Issuing Authority. These plans shall be prepared by a licensed engineer, drawn to an appropriate scale (as determined by MUPB) and shall include sufficient information to evaluate the environmental characteristics of the affected areas, the potential impacts of the proposed grading on water resources, and measures proposed to minimize soil erosion and off-site sedimentation. The owner/developer/contractor shall perform all clearing, grading, drainage, construction, and development in strict accordance with the approved EPSC plan and these regulations. The EPSC plan shall include the following:
(a) A letter of transmittal, which includes a project narrative.
(b) An attached vicinity map showing the location of the site in relationship to the surrounding area's watercourses, water bodies, sinkholes and other significant geographic features, and roads and other significant structures.
(c) An indication of the scale used.
(d) The name, address, and telephone number of the owner and/or developer of the property where the land disturbing activity is proposed.
(e) Ground contours, minimum two (2) feet intervals, for the existing and proposed topography.
(f) The proposed grading or land disturbance activity including: the surface area involved, excess spoil material, use of borrow material, and specific limits of disturbance.
(g) A clear and definite delineation of any areas of vegetation or trees to be saved.
(h) A clear and definite delineation of any wetlands, sinkholes, natural or artificial water storage detention areas, and drainage ditches on the site.
(i) A clear and definite delineation of the floodway and any one hundred (100) year floodplain on or near the site.
(j) Storm drainage system, including quantities of flow and site conditions around all points of surface water discharge from the site.
(k) EPSC provisions to minimize on-site erosion and prevent off-site sedimentation, including provisions to preserve topsoil and limit disturbance.
(l) The proposed plan to control site waste, including a delineation of contractor staging areas for equipment and fuel storage, site materials and temporary facilities.
(m) Details for both temporary and permanent erosion control structures.
(n) Details of temporary and permanent stabilization measures.
(o) A chronological construction schedule and time frame, as a minimum, for the following construction activities:
1. Clearing and grubbing;
2. Construction of erosion control devices;
3. Installation of permanent and temporary stabilization measures;
4. Excavation and filling operations;
5. Building, parking lot, and site construction;
6. Final grading, landscaping or stabilization; and
7. Removal of temporary erosion control devices.
(2) Design requirements.
(a) The design, testing, installation, and maintenance of erosion protection and sediment control operations and facilities and site waste management shall adhere to the criteria, standards and specifications as set forth in the most recent version of the EPSC Design Manual and Standards, as adopted by the Morehead Utility Plant Board and City of Morehead.
(b) Until such time an EPSC Design Manual and Standards are developed and adopted by the Morehead Utility Plant Board and City of Morehead, the following requirements, at minimum, shall be met:
1. Cut and fill soil slopes shall be no greater than 2H:1V, unless approved by the Issuing Authority. Greater slopes may be permitted such as rock bluffs, etc. depending upon the terrain.
2. Clearing and grading, except that necessary to establish sediment control devices, shall not commence until sediment control devices have been installed.
3. Erosion control methods shall include: Phasing of clearing and grading operations for all sites greater than thirty (30) acres; soil stabilization by seeding/mulching within fifteen (15) days of mass grading operations for borrow (excavation) and fill areas; stabilizing soil stockpiles at the end of each workday; and installing diversion ditches or other techniques where upland runoff occurs past disturbed areas.
4. Sediment control methods shall include installing retention facilities, sedimentation basins and traps, and other similar facilities at the most downstream runoff location within the site.
5. Waterway (creeks, ditches, etc.) protection shall include the installation of a temporary stream crossing; on-site stormwater drainage system and stabilized inlets and outlets at all pipes.
6. Prevention of mud and debris onto public roadways by construction equipment and vehicles shall include the installation of crushed stone construction entrances or an on-site tire washing station at the point of ingress and egress to the public roadway.
7. Implementing waste management practices and disposal of wastes including a designated waste collection area on-site that does not drain directly to a waterway, ensuring storage containers have lids, regular scheduled waste collection (daily, weekly, etc.) to prevent overfilling, cleaning up spills immediately and disposal of construction site waste at authorized landfills or disposal areas.
8. Disposal plan for hazardous materials that may be utilized during construction in accordance with local and state solid waste regulatory agencies.
9. Maintaining a set of as-built drawings for all newly installed stormwater facilities.
10. Maintenance schedule during and after construction of graded surfaces, EPSC facilities, and drainage structures.
(D) EPSC permit. See § 55.05 for EPSC permit requirements and review procedures.
(E) Inspections.
(1) The MUPB Stormwater Department or its duly authorized representatives shall make inspections of land disturbing activities subject to this chapter. Officers and staff of these various departments shall provide periodic inspections at various stages of construction.
(2) To ensure compliance with the approved EPSC plan and to examine field practices to determine if control measures are adequate, authorized inspectors of the MUPB shall have the power to inspect any land disturbing activity and to review the records of all inspections, repairs and modifications made by the permittee.
(3) The permittee shall be self-policing and shall provide inspections, at a minimum, at the following stages:
(a) Completion of perimeter erosion and sediment controls;
(b) Completion of clearing and grading;
(c) Installation of temporary erosion controls;
(d) Completion of final grading and ground stabilization;
(e) At least every seven (7) days after areas have been temporarily or permanently stabilized; and
(f) Within twenty-four (24) hours of a rain event one- half (0.5) inches or greater.
(4) MUPB may increase or decrease the number of required inspections as deemed necessary to ensure an effective EPSC plan and shall have the right to enter the property of the permittee without notice.
(5) The permittee shall prepare an inspection report after each inspection and shall keep copies at the job site at all times. At a minimum the inspection report shall include the date, time of day, name of the person conducting the inspection, company represented, scope of the inspection, major observations relating to the EPSC plan and BMPs installed, and subsequent changes. A copy of each inspection report shall be filed with the Issuing Authority. The Issuing Authority has the right to make regular inspections to ensure the validity of the inspection reports.
(6) The permittee shall be self-policing and shall correct or remedy any EPSC measures that are not effective or functioning properly at all times during the various phases of construction.
(F) Enforcement.
(1) A fully qualified administrative official designated by the mupb shall enforce these regulations. This official may be from the MUPB Stormwater Department or other duly authorized representative. A stop-work order may be posted for the entire project or any specified part thereof if any of the following conditions exist:
(a) Any land disturbance activity regulated under this chapter is being undertaken without an EPSC permit.
(b) The EPSC plan is not being fully implemented.
(c) Any of the conditions of the EPSC permit are not being met.
(d) EPSC plan is determined to be ineffective.
(2) For the purposes of this section, a stop-work order is validly posted by posting a copy of the stop-work order on the site of the land disturbing activity in reasonable proximity to a location where the land disturbing activity is taking place. Additionally, a copy of the order, in the case of work for which there is an EPSC permit, shall be mailed by first class mail, postage pre-paid, to the address listed by the permittee on the EPSC permit. In the case of work for which there is no authorized EPSC permit, a copy of the order shall be mailed to the person listed as the landowner of the property.
(3) If the permittee does not cease the activity or comply with the erosion protection and sediment control plan or EPSC permit conditions within five (5) days of posting the stop-work order, the administrative official may revoke the EPSC permit.
(4) If the landowner or developer where no EPSC permit has been issued does not cease the land disturbance activity, the administrative official may request MUPB's legal counsel to obtain injunctive relief.
(5) The administrative official may retract the revocation of the EPSC plan and permit if the land disturbance activity and site is brought into compliance with these regulations.
(6) If the public health, safety and nuisance is at stake time is of the essence to perform any remedial clean-up work or other work to bring the site into compliance with these regulations. In this situation, the Issuing Authority may begin the work immediately without notice of intent and bill the cost of such work to the permittee or landowner in violation. Example of this type of work may include cleaning of mud, silt and sediment and other debris from public streets and drainage systems.
(7) Any permittee, person, firm, corporation or agency acting as principal, agent, employee or otherwise, who fails to comply with the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not less than one hundred fifty dollars ($150.00) and not more than ten thousand dollars ($10,000.00), or by imprisonment for not more than ninety (90) days, or both, for each separate offense. Each day there is a violation of any part of this regulation shall constitute a separate offense.
(8) If the permittee, landowner or developer fails to pay the amount due for the remedial clean-up work or any other work to bring the site into compliance with these regulations, MUPB shall have a lien upon the property where the land disturbance activity and subsequent violation occurred for the amount due which shall accrue interest at the rate of six percent (6%) per annum and/or MUPB may include the amount due on the utility bill of the permittee, landowner or developer.
(Ord. 26:2019, passed 7-8-19)