(A) General requirements for stormwater quality control. All stormwater quality measures and erosion and sediment controls necessary to comply with this rule must be implemented in accordance with the comprehensive stormwater management plan and sufficient to satisfy the following requirements:
(1) Sediment-laden water which otherwise would flow from the project site shall be treated by erosion and sediment control measures appropriate to minimize sedimentation;
(2) Appropriate measures shall be implemented to minimize or eliminate wastes or unused building materials, including garbage, debris, cleaning wastes, wastewater, concrete truck washout, and other substances from being carried from a project site by run-off or wind. Identification of areas where concrete truck washout is permissible must be clearly posted at appropriate areas of the site. Wastes and unused building materials shall be managed and disposed of in accordance with all applicable statutes and regulations;
(3) A stable construction site access shall be provided at all points of construction traffic ingress and egress to the project site;
(4) Public or private roadways shall be kept cleared of accumulated sediment that is a result of run-off or tracking. Bulk clearing of sediment shall not include flushing the area with water. Cleared sediment shall be redistributed or disposed of in a manner that is in accordance with all applicable statutes and regulations;
(5) Stormwater run-off leaving a project site must be discharged in a manner that is consistent with applicable state or federal law;
(6) The project site owner shall post a notice near the main entrance of the project site. For linear project sites, such as a pipeline or highway, the notice must be placed in a publicly accessible location near the project field office. The notice must be maintained in a legible condition and contain the following information:
(a) Copy of the completed NOI letter and the permit number, where applicable;
(b) Name, company name, telephone number, e-mail address (if available), and address of the project site owner or a local contact person; and
(c) Location of the comprehensive stormwater management plan if the project site does not have an on-site location to store the plan;
(7) This permit and posting of the notice under division (6) does not provide the public with any right to trespass on a project site for any reason, nor does it require that the project site owner allow members of the public access to the project site;
(8) The stormwater pollution prevention plan shall serve as a guideline for stormwater quality, but should not be interpreted to be the only basis for implementation of stormwater quality measures for a project site. The project site owner is responsible for implementing, in accordance with this rule, all measures necessary to adequately prevent polluted stormwater run-off;
(9) The project site owner shall inform all general contractors, construction management firms, grading or excavating contractors, utility contractors, and the contractors that have primary oversight on individual building lots of the terms and conditions of this rule and the conditions and standards of the stormwater pollution prevention plan and the schedule for proposed implementation;
(10) Phasing of construction activities shall be used, where possible, to minimize disturbance of large areas;
(11) Appropriate measures shall be planned and installed as part of an erosion and sediment control system;
(12) All stormwater quality measures must be designed and installed under the guidance of a trained individual;
(13) Collected run-off leaving a project site must be either discharged directly into a well-defined, stable receiving channel or diffused and released to adjacent property without causing an erosion or pollutant problem to the adjacent property owner;
(14) Drainage channels and swales must be designed and adequately protected so that their final gradients and resultant velocities will not cause erosion in the receiving channel or at the outlet;
(15) Natural features, including wetlands and sinkholes, shall be protected from pollutants associated with stormwater run-off;
(16) Unvegetated areas that are scheduled or likely to be left inactive for 15 days or more must be temporarily or permanently stabilized with measures appropriate for the season to minimize erosion potential. Alternative measures to site stabilization are acceptable if the project site owner or their representative can demonstrate they have implemented erosion and sediment control measures adequate to prevent sediment discharge. Vegetated areas with a density of less than 70% shall be restabilized using appropriate methods to minimize the erosion potential;
(17) During the period of construction activities, all stormwater quality measures necessary to meet the requirements of this rule shall be maintained in working order;
(18) A self-monitoring program that includes the following must be implemented:
(a) A trained individual shall perform a written evaluation of the project site:
1. By the end of the next business day following each measurable storm event; and
2. At a minimum of one time per week;
(b) The evaluation must:
1. Address the maintenance of existing stormwater quality measures to ensure they are functioning properly; and
2. Identify additional measures necessary to remain in compliance with all applicable statutes and rules;
(c) Written evaluation reports must include:
1. The name of the individual performing the evaluation;
2. The date of the evaluation;
3. Problems identified at the project site;
4. Details of corrective actions recommended and completed; and
(d) All evaluation reports for the project site must be made available to the inspecting authority within 48 hours of a request;
(19) Proper storage and handling of materials, such as fuels or hazardous wastes, and spill prevention and clean-up measures shall be implemented to minimize the potential for pollutants to contaminate surface or groundwater or degrade soil quality;
(20) Final stabilization of a project site is achieved when:
(a) All land disturbing activities have been completed and a uniform (for example, evenly distributed, without large bare areas) perennial vegetative cover with a density of 70% has been established on all unpaved areas and areas not covered by permanent structures, or equivalent permanent stabilization measures have been employed;
(b) Construction projects on land used for agricultural purposes are returned to its preconstruction agricultural use or disturbed areas, not previously used for agricultural production, such as filter strips and areas that are not being returned to their preconstruction agricultural use, meet the final stabilization requirements in division (a).
(B) General requirements for individual building lots within a permitted project. All stormwater quality measures, including erosion and sediment control, necessary to comply with this rule must be implemented in accordance with the plan and sufficient to satisfy this division. Provisions for erosion and sediment control on individual building lots regulated under the original permit of a project site owner must include the following requirements:
(1) The individual lot operator, whether owning the property or acting as the agent of the property owner, shall be responsible for erosion and sediment control requirements associated with activities on individual lots;
(2) Installation and maintenance of a stable construction site access;
(3) Installation and maintenance of appropriate perimeter erosion and sediment control measures prior to land disturbance;
(4) Sediment discharge and tracking from each lot must be minimized throughout the land disturbing activities on the lot until permanent stabilization has been achieved;
(5) Clean-up of sediment that is either tracked or washed onto roads. Bulk clearing of sediment shall not include flushing the area with water. Cleared sediment must be redistributed or disposed of in a manner that is in compliance with all applicable statutes and rules;
(6) Adjacent lots disturbed by an individual lot operator must be repaired and stabilized with temporary or permanent surface stabilization; and
(7) For individual residential lots, final stabilization meeting the criteria in division (A)(20)(a) of this section will be achieved when the individual lot operator:
(a) Completes final stabilization; or
(b) Has installed appropriate erosion and sediment control measures for an individual lot prior to occupation of the home by the homeowner and has informed the homeowner of the requirement for, and benefits of, final stabilization.
(Ord. 3436, passed 9-6-05)