A. Construction Runoff Compliance.
1. All individual proposed construction and grading projects shall implement measures to ensure that pollutants from the site will be reduced to the maximum extent practicable (MEP) and will not cause or contribute to an exceedance of water quality objectives. All grading and construction activities will be in compliance with applicable ordinances, permits and other applicable requirements.
2. The permittee shall adhere to the following requirements:
a. Develop and implement a plan to manage stormwater and non-stormwater discharges from the site at all times in accordance with Subarticle 6 of the Grading Manual. Projects disturbing one (1) acre or more of soil are required to generate a Stormwater Pollution Prevention Plan (SWPPP) per the State General Construction permit;
b. Minimize grading or conduct phased grading operations during the wet season and coincide grading with seasonal dry weather periods to the extent feasible. If grading does occur during the wet season, implement additional BMPs for any rain events which may occur, as necessary for compliance;
c. Emphasize erosion prevention as the most important measure for keeping sediment on site during construction;
d. Utilize sediment controls as a supplement to erosion prevention for keeping sediment on site during construction;
e. Minimize exposure time of disturbed soil areas;
f. Temporarily stabilize and reseed disturbed soil areas as rapidly as possible;
g. Permanently re-vegetate or landscape as early as feasible;
h. Stabilize all slopes;
i. Provide evidence of existing permit coverage of the general construction permit, if applicable; and
j. Implement the applicable requirements of the city's Standard Erosion and Sediment Control Notes, as identified in the Appendix of the Grading Manual.
Note: The above requirements are applicable to all construction sites regardless of whether the construction site is subject to the general construction permit or other individual NPDES permit.
B. Erosion and Sediment Control Plans Required.
1. No grading work will be allowed on any single grading site under permit unless the city engineer has approved an erosion and sediment control plan.
2. All grading plans, regardless of the date of submittal, shall include an erosion and sediment control plan designed to limit erosion of all disturbed portions of the property and to minimize the transport of soil onto downgrade perimeters, curbs, gutters, streets, drainage inlets, private and public stormwater conveyance systems, environmentally sensitive areas, adjacent properties and watercourses in accordance with the provisions of this chapter and Subarticle 6 of the Grading Manual.
3. All erosion and sediment control best management practices (BMPs) outlined in the Stormwater Pollution Prevention Plan SWPPP), if applicable, will be shown on the erosion and sediment control plan and implemented prior to October 1 of each year.
C. Erosion and Sediment Control Systems.
1. The permittee shall be responsible for control of erosion and sediment discharge on and from all areas of grading until acceptance of the completed grading by the city engineer. This responsibility extends to completed and occupied lots. Necessary materials shall be available on site and stockpiled at convenient locations to facilitate rapid construction of temporary devices, with equipment and workers for emergency work available at all times during the rainy season.
2. No grading work shall be allowed on any site when the city engineer determines that erosion, mud flow or sediment discharge may adversely affect downstream properties, drainage courses, storm drains, streets, easements, or public or private facilities or improvements unless an approved erosion and sediment control system has been implemented on the site. If the city determines that it is necessary for the city to cause erosion and sediment control measures to be installed or cleanup to be done, the permittee shall pay all of the city's direct and indirect costs including extra inspection, supervision, and reasonable overhead charges in accordance with Section 15.52.300C. of this chapter.
3. All removable protective devices shown on the erosion and sediment control plan and outlined in the SWPPP, if applicable, shall be in place at the end of each working day during the rainy season. If the permittee does not install or maintain erosion and sediment controls, the city engineer may order city crews to do the work or may issue contracts for such work and charge the cost of this work along with reasonable overhead charges to the cash deposits or other instruments implemented for this work without further notification to the owner. No additional work on the project except erosion and sediment control work shall be performed until the full amount drawn from the cash deposit, in accordance with Section 15.52.310, Grading, Erosion and Sediment Control Securities, of this chapter is restored by the permittee.
4. BMPs shall be implemented on a continual basis during construction activities. The following minimum criteria shall be met:
a. An effective combination of erosion and sediment controls shall be implemented within seven (7) working days of clearing or inactivity in construction.
b. Soil stockpiles must be stabilized with a combination of erosion and sediment controls and have a daily maintenance frequency or as directed by the city engineer.
c. Waterway and watercourse protection shall include, but not be limited to, stabilization of the channel before, during, and after any in-channel work.
d. The faces of cut and fill slopes shall be prepared and maintained to control against erosion and sediment discharge in accordance with this section.
e. Permittee shall implement BMPs year round and can vary based on wet and dry seasons. Permittee shall also implement additional site-specific BMPs, as necessary, to comply with this chapter, which may be more stringent than those required under the general construction permit.
f. Permittee shall implement additional controls for construction sites tributary to Clean Waters Act (CWA) Section 303(d), water bodies impaired for sediment. Each permittee shall implement additional controls for construction sites within or adjacent to or discharging directly to receiving waters within environmentally sensitive areas.
g. Permittee shall conduct construction site inspection for compliance with this chapter and all applicable permits.
D. Erosion and Sediment Control Maintenance.
1. Prior to and after each rainstorm, silt and debris shall be removed from check dams, desilting basins, curbs, gutters, streets, brow ditches, terrace drains, silt fences and other private and public stormwater conveyance systems shall be dewatered to prevent overfilling between storm events.
2. Prior to and after each rainstorm, the erosion and sediment control system shall be evaluated and revised and repaired as necessary.
3. The permittee shall be responsible for and shall take necessary precautions to prevent public trespass onto areas where impounded water, due to erosion and sediment control devices, creates a hazardous condition.
4. The permittee shall be responsible for continual maintenance of the devices during the construction activities. In the event of failure or refusal by the permittee to properly maintain the devices, the city engineer may cause emergency maintenance work to be done to protect adjacent private and public property. The cost shall be charged to the owner and shall include mobilization costs plus the costs of doing the work in accordance with Section 15.52.310C. of this chapter.
5. In the event the city engineer must cause emergency work to be done, he or she may revoke the grading permit. The permit shall not be renewed until approved erosion and sediment control system has been installed and the owner has paid any applicable fees.
6. If any grading or clearing subject to Section 15.52.030, Permits Required, of this chapter has commenced on private property without a valid grading permit, the property owner will be required to stop work and prepare and implement an erosion and sediment control plan which has been approved by the city. In the event of failure by the property owner to install an approved erosion and sediment control system, the city engineer may cause work to be done to protect adjacent private and public property. The cost shall be charged to the owner in accordance with Section 15.52.310C. of this chapter.
E. Erosion and Sediment Control— Agricultural.
1. Resource Conservation Plans. For all lands used for agricultural purposes within the city of Murrieta, the property owner shall cause to be prepared a resource conservation plan, utilizing the best management practices for the prevention of erosion and sedimentation. The resource conservation plan shall be prepared by the USDA Soil Conservation Services or a registered agricultural engineer consultant.
2. Implementation of Resource Conservation Plans. The resource conservation plans to be prepared for best management practices implementation is to be prioritized based upon the soil conservation service “soil erosion hazard map” with those areas of high erosion hazard receiving top priority. Resource conservation plans for agricultural areas shall be submitted for review and filing by the city after acceptance by the Regional Water Quality Control Board.
3. Annual Report. The property owner of agricultural land shall be responsible for the preparation and submittal to the city engineer an annual report setting forth their progress in the preparation of resource conservation plans and best management practices implementation. Progress reports may be required more frequently if deemed necessary by the city engineer.
(Ord. 349 § 4 (part), 2006: Ord. 346 § 4 (part), 2006: Ord. 97 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code §§ 8.12.100.833-- 8.12.100.835)