1462.01 Purpose.
1462.02 Scope.
1462.03 Definitions.
1462.04 Sediment control plan required; filing fee; exceptions.
1462.05 Standards and criteria.
1462.06 Sediment control plan content.
1462.07 Plan review.
1462.08 Inspection to ensure compliance.
1462.09 Maintenance.
1462.10 Disclaimer of liability.
1462.11 Appeals.
1462.99 Penalty.
Appendix A: Table of permissible velocities for flowing water.
CROSS REFERENCES
Urban sediment pollution defined - see Ohio R.C. 1501.01
Urban sediment pollution control program - see Ohio R.C. 1501.20
Soil and water conservation districts - see Ohio R.C. 1515.01 et seq.
Water pollution - see GEN. OFF. 660.04
Grades and grading of private property - see B. & H. Ch. Ch. 1434
This chapter is adopted for the purpose of controlling the pollution of public waters by sediment from accelerated soil erosion and accelerated storm water runoff caused by earth-disturbing activities and land use changes connected with developing urban areas. Control of such pollution will promote and maintain the health, safety and general well-being of all life and inhabitants within the City.
(Ord. 61-1987. Passed 9-14-87.)
(a) This chapter shall apply to earth-disturbing activities on land being used or being developed for commercial, industrial, residential, recreational, public service or other non-farm purposes, which are within the jurisdiction of the City unless otherwise excluded from this chapter.
(b) This chapter shall not apply to strip mining operations regulated by Ohio R.C. Chapter 1513 or surface mining operations regulated by Ohio R.C. Chapter 1514.
(Ord. 61-1987. Passed 9-14-87.)
As used in this chapter:
(a) “Channel” means a natural stream that conveys water, or a ditch or channel excavated for the flow of water.
(b) “Development area” means any contiguous area owned by one person or operated as one development unit, which is used or is being developed for non-farm commercial, industrial, residential or other non-farm purposes, upon which earth-distributing activities are planned or underway.
(c) “District” means a soil and water conservation district, organized under Ohio R.C. Chapter 1515.
(d) “Ditch” means an excavation which was either dug or is natural for the purpose of drainage or irrigation with intermittent flow.
(e) “Drainage way” means an area of concentrated water flow other than a river, stream, ditch or grassed waterway.
(f) “Dumping” means grading, pushing, piling, throwing, unloading or placing.
(g) “Earth-disturbing activity” means any grading, excavating, filling or other alteration of the earth’s surface, where natural or man-made ground cover is destroyed and which may result in or contribute to erosion and sediment pollution.
(h) “Earth material” means soil, sediment, rock, sand, gravel and organic material or residue associated with or attached to the soil.
(i) “Erosion” means:
(1) The wearing away of land surface by running water, wind, ice or other geological agents, including such processes as gravitational creep;
(2) Detachment and movement of soil or rock fragments by wind, water, ice or gravity; and
(3) Specifically:
A. Accelerated erosion, which is an erosion much more rapid than normal, natural or geologic erosion, primarily as a result of the influence of the activities of man.
B. Flood plain erosion, which is an abrading and wearing away of the nearly level land situation on either side of a channel due to overflow flooding.
C. Gully erosion, which is the erosion process whereby water accumulates in narrow channels during and immediately after rainfall or snow or ice melt and actively removes the soil from this narrow area to considerable depths such that the channel would not be obliterated by normal smoothing or tillage operations.
D. Natural erosion (geologic erosion), which is a wearing away of the earth’s surface by water, ice or other natural environmental conditions of climate, vegetation, etc., undisturbed by man.
E. Normal erosion, which is the gradual erosion of land used by man which does not greatly exceed natural erosion.
F. Rill erosion, which is an erosion process in which numerous small channels only several inches deep are formed, and which occurs mainly on recently disturbed soils.
G. Sheet erosion, which is the removal of a fairly uniform layer of soil from the land surface by wind or runoff water.
(j) “Grassed waterway” means a broad or shallow natural course or constructed channel covered with erosion-resistant grasses or similar vegetative cover and used to conduct surface water.
(k) “Landslide” means the rapid downward and outward movement of large rock material and/or soil mass under the influence of gravity in which the movement of the soil mass occurs along an interior surface of sliding.
(l) “Person” means any individual, corporation, partnership, joint venture, agency, unincorporated association, municipal corporation, County or State agency or the Federal Government, or any combination thereof.
(m) “Public waters” means water within rivers, streams, ditches and lakes, except private ponds and lakes wholly within single properties, or waters leaving property on which surface water originates.
(n) “Sediment” means solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site or origin by wind, water, gravity or ice, and has come to rest on the earth’s surface above or below sea level.
(o) “Sediment basin” means a barrier, dam or other suitable detention facility built across an area of waterflow to settle and retain sediment carried by the runoff waters.
(p) “Sediment control plan” means a written description, acceptable to the approving agency, of methods for controlling sediment pollution from accelerated erosion on a development area of five or more contiguous acres or from erosion caused by accelerated runoff from a development area of five or more contiguous acres.
(q) “Sediment pollution” means failure to use management or conservation practices to abate wind or water erosion of the soil or to abate the degradation of the waters of the State by soil sediment in conjunction with land grading, excavating, filling or other soil-disturbing activities on land used or being developed for non-farm commercial, industrial or residential purposes or other non-farm purposes.
(r) “Slip” means landslide, as defined above.
(s) “Sloughing” means a slip or downward movement of an extended layer of soil resulting from the undermining action of water or the earth-disturbing activity of man.
(t) “Soil loss” means soil relocated on or removed from a given site by the forces of erosion and the redeposit of the soil at another site on land or in a body of water.
(u) “Storm frequency” means the average period of time within which a storm of a given duration and intensity can be expected to be equaled or exceeded.
(v) “Stream” means a body of water running or flowing on the earth’s surface or a channel in which such flow occurs. Flow may be seasonally intermittent.
(w) “Topsoil” means surface and upper surface soils which presumably are darker colored, fertile soil materials, ordinarily rich in organic matter or humus debris.
(Ord. 61-1987. Passed 9-14-87.)
No person shall cause or allow earth-disturbing activities on a development area except in compliance with the standards and criteria set out in Section 1462.05 and either subsection (a) or subsection (b) hereof, whichever is applicable.
(a) When a proposed development area consists of five or more acres, and earth-disturbing activities are proposed for the whole area or any part thereof, the responsible person shall develop and submit for approval to the City Engineer a sediment control plan prior to any earth-disturbing activity. Such a plan must contain sediment pollution control practices so that compliance with other provisions of this chapter will be achieved during and after development. Such a plan shall include specific requirements established by the approving agency and shall be filed with the approving agency.
(b) When a proposed development area involves less than five acres, it is not necessary to submit a sediment control plan. However, the responsible person must comply with the other provisions of this chapter. All earth-disturbing activities shall be subject to surveillance and site investigation by the City Engineer to determine compliance with applicable standards and regulations.
All plans, except those prepared by a public entity or agency, shall be accompanied by a filing fee of one hundred dollars ($100.00) to help defray costs of administration.
(c) No sediment control plan shall be required for public road or highway improvements or other transportation improvements, or drainage improvements, or maintenance thereof, undertaken by a government agency or entity, if such agency or entity plans to follow a statement of sediment control policy which has been submitted by the sponsoring agency or entity and approved by the approving agency.
(Ord. 61-1987. Passed 9-14-87.)
(a) Sheet and Rill Erosion. To control pollution of public waters by soil sediment from accelerated sheet and rill erosion on development areas, the responsible person shall:
(1) Construct and maintain sediment basins sized in accordance with the United States Soil Conservation Service handbook, Water Management and Sediment Control for Urbanizing Areas;
(2) Apply and maintain a level of management and conservation practices such that the predicted average annual soil loss, accumulative monthly in accordance with the procedures in the United States Soil Conservation Service handbook, Water Management and Sediment Control for Urbanizing Areas, is less than fifteen tons per acre the first year commencing from the time of initial earth disturbance, ten tons per acre the second year, and five tons per acre for any other year of the development process. The management and conservation practices shall be designed, applied and maintained so that the entire development area and any part thereof are protected from accelerated erosion in accordance with the stated criteria; or
(3) Use other methods to control sediment pollution, including, but not limited to, a combination of paragraphs (a)(1) and (2) hereof, provided those methods are acceptable to the approving agency.
(b) Concentrated Water Erosion. To control pollution of public waters by soil sediment from accelerated erosion in drainage ways and grassed waterways and in streams and ditches disturbed or modified in conjunction with the development process, on a development area, the responsible person shall:
(1) Design, construct and maintain concentrated water flow channels such that the velocity of flow does not exceed the permissible velocities listed in Appendix A following the text of this chapter;
(2) Design, construct and maintain sediment basins sized in accordance with the United States Soil Conservation Service handbook Water Management and Sediment Control for Urbanizing Areas; or
(3) Use other methods to control sediment pollution; this may include, but is not limited to, a combination of paragraphs (b)(1) and (2) of this standard, provided those methods are acceptable to the approving agency.
(c) Sloughing, Landsliding and Dumping. To control sediment pollution of public waters caused by sloughing, landsliding, or dumping of earth material, or placing of earth material into such proximity that it may readily slough, slide or erode into public waters by natural forces, no person shall:
(1) Dump or place earth material into public waters or into such proximity that it may readily slough, slide or erode into public waters unless such dumping or placing is authorized by the approving agency for such purposes as, but not limited to, constructing bridges, culverts, erosion control structures and other in-stream or channel bank improvement works; or
(2) Grade, excavate, fill or impose a load upon any soil or slope known to be prone to slipping or landsliding, thereby causing it to become unstable, unless qualified engineering assistance has been employed to explore the stability problems and to make recommendations to correct, eliminate or adequately address the problems. Grading, excavating, filling or construction shall commence only after the approving agency has reviewed and approved the exploratory work and recommendations and only in accordance with the approved recommendations.
(d) Stream Channel and Flood Plain Erosion. To control pollution of public waters by soil sediment from accelerated stream channel erosion and to control flood plain erosion caused by accelerated storm water runoff from development areas, the increased peak rates and volumes of runoff shall be controlled such that:
(1) The peak rate of runoff from the critical storm and all more frequent storms occurring on the development area does not exceed the peak rate of runoff from a one-year frequency, twenty-four hour storm occurring on the same area under pre-development conditions.
(2) Storms of less frequent occurrence (longer return periods) than the critical storm, up to the 100-year storm, have peak runoff rates no greater than the peak runoff rates from equivalent size storms under pre-development conditions. Consideration of the one, two, five, ten, twenty-five, fifty and 100-year storms will be considered adequate in designing and developing to meet this standard.
(e) Determination of Critical Storm. The critical storm for a specific development area is determined as follows:
(1) Determine by appropriate hydrologic methods the total volume of runoff from a one-year frequency, twenty-four hour storm occurring on the development area before and after development.
(2) From the volumes determined in paragraph (e)(1) hereof, determine the percentage of increase in volume of runoff due to development, and, using this percentage, select the twenty-four hour critical storm from this table:
IF THE PERCENTAGE OF INCREASE IN VOLUME OF RUNOFF IS:
Equal To Or And The Critical Storm For Discharge
Greater Than Less Than Limitation Will Be
- 10 1 year
10 20 2 year
20 50 5 year
50 100 10 year
100 250 25 year
250 500 50 year
500 - 100 year
(f) Methods of Controlling Peak Runoff. Methods for controlling increases in storm water runoff peaks and volumes may include, but are not limited to:
(1) Retarding flow velocities by increasing friction, for example, grassed road ditches rather than paved street gutters where practical (low density development areas, access roads, etc.); discharging roof water to vegetated areas; or grass and rock lined drainage channels;
(2) Grading and construction of terraces and diversions to slow runoff and use of grade control structures to provide a level of control in flow paths and stream gradients;
(3) Induced infiltration of increased storm water runoff into the soil where practical; for example, constructing special infiltration areas where soils are suitable; retaining topsoil for all areas to be revegetated; or providing good infiltration areas with proper emergency overflow facilities; and
(4) Provisions for detention and retention; for example, permanent ponds and lakes with storm water basins provided with proper drainage, multiple use areas for storm water detention and recreation, wildlife, transportation, fire protection, aesthetics or subsurface storage areas.
(Ord. 61-1987. Passed 9-14-87.)
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