(a) Responsibility. ESC Plan approval does not constitute assurance that the proposed BMPs will perform in the manner indicated by the design. The responsibility of the proper functioning operation and maintenance of the BMPs remains with the owner. The owner shall be responsible for providing any additional means or methods necessary to meet the intent of these regulations.
It shall be the responsibility of the site owner to provide notification to the Village 48-hours prior to commencement of initial site earth-disturbance. In addition, the site owner shall provide notification to the Village, at least 48 hours prior to any work within or across a stream channel or a riparian buffer conservation zone. Furthermore, within 45 days after site final stabilization has been achieved, it shall be the responsibility of the site owner to inform the Village Engineer that site activities are complete.
(b) Performance Liability. No provision of this standard shall limit, increase or otherwise affect the liabilities of the developer nor impose any liability upon the Village not otherwise imposed by law.
(c) Ownership and Maintenance. The person(s) or entity responsible for the continued maintenance of temporary and permanent erosion control measures shall, prior to any earth -disturbance, be identified to the satisfaction of the Village. This party, both during and after site development, shall be responsible for:
(1) Carrying out all provisions as approved on the erosion and sediment control plan and required by this standard.
(2) Promptly removing all soil, miscellaneous debris and other materials that may become spilled, dumped or otherwise deposited on any public thoroughfares during transport to and from the development site, and taking precautions to inhibit the deposition of sediment into any sewer system or natural watercourse.
(3) In addition, the developer shall assume responsibility and all costs for removing any sedimentation deposited in downstream drainage ways or facilities deemed objectionable by the Village to the proper functioning of these downstream areas.
(4) The applicant shall provide a description of maintenance procedures needed to ensure the continued performance of control practices and shall ensure the responsible party has adequate funding to conduct maintenance activities as deemed necessary.
(5) All temporary and permanent erosion and sediment control practices shall be designed and constructed to minimize maintenance requirements. They shall be maintained and repaired as needed to assure continued performance of their intended function. All sediment control practices shall be maintained in a functional condition until all up slope areas they control reach final stabilization. Final stabilization shall be determined by the Village Engineer.
(6) The applicant shall inform all contractors and subcontractors not otherwise defined as "operators" as defined in the Ohio EPA's NPDES Permit, who will be involved in the implementation of the ESCP of the terms and conditions of the ESCP. The applicant shall maintain a written document containing the signatures of all contractors and subcontractors involved in the implementation of the ESCP as proof acknowledging that they have reviewed and understand the conditions and responsibilities of the ESCP. The written document shall be created and signatures shall be obtained prior to commencement of work on the construction site. Any contractors or subcontractors hired after the original signatures are obtained are also required to sign the document prior to starting work on the site. A copy of the written document with signatures hall be provided to the Village Engineer prior to commencing with the project and after any new signatures are obtained.
(d) Inspection and Enforcement.
(1) General inspection requirements.
A. The Village Engineer may inspect all site development activities, including erosion and sediment control devices and facilities while a development site, when subject to this regulation, is under construction. When facilities are not constructed according to approved plans, the Village Engineer has the explicit authority to compel compliance with the approved plan and the objectives and standards of this regulation.
B. A copy of the approved erosion and sediment control plan shall be maintained on site, or in a location easily accessible by the applicant and the Village's inspector.
(2) Enforcement procedures.
A. Erosion and sediment control practices for construction sites shall be inspected periodically by the Village to ensure they are being properly maintained and, if not, the Village may compel the owners to make the necessary repairs at the expense of the owner.
B. When practices require repair or maintenance: If an internal inspection reveals that a control practice is in need of repair or maintenance, with the exception of a sediment-settling pond, it must be repaired or maintained with three days of the inspection. Sediment settling ponds must be repaired or maintained within ten days of the inspection.
C. When practices fail to provide their intended function: If an internal inspection reveals that a control practice fails to perform its intended function as detailed in the ESC plan and that another, more appropriate control practice is required, the plan must be amended and the new control practice must be installed within ten days of the inspection.
D. When practices depicted on the ESC plan are not installed: If an internal inspection reveals that a control practice has not been implemented in accordance with the schedule, the control practice must be implemented with ten days from the date of the inspection. If the internal 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.
(3) Applicant inspections required.
A. At a minimum, all controls on the site shall be inspected at least once every seven calendar days and within 24 hours after any storm event greater than one-half inch of rain per 24 hour period. The owner shall assign qualified inspection personnel (those with knowledge and experience in the installation and maintenance of sediment and erosion controls) to conduct these inspections to ensure that the control practices are functional and to evaluate whether the ESC Plan is adequate and properly implemented in accordance with the proposed permit schedule or whether additional control measures are required. Internal inspections and documentation of corrective actions taken must be made available upon request.
B. Disturbed areas used for storage of materials exposed to precipitation shall be inspected for evidence of or the potential for pollutants entering the drainage system.
C. Erosion and sediment control measures identified in the approved erosion and sediment control plan shall be observed to ensure proper operation.
D. Discharge locations shall be inspected to determine whether erosion and sediment control measures are effective in preventing significant impacts to the receiving water resource or wetlands.
E. Locations where vehicles enter or exit the site shall be inspected for evidence of off-site vehicle tracking.
(2) Final site inspection. Prior to the final site inspection by the Village, the developer's engineer shall provide the site grading plan documenting the intended site final grades.
(Ord. 37-10. Passed 12-13-10.)