A. Construction: All construction activities, including the development, excavation, grading, regrading, paving, landfilling, berming, and diking of land shall be conducted in such a manner as to minimize erosion and prevent the discharge of pollutants, including, but not limited to, rock, sand, and soil into the city's MS4. Persons conducting the construction shall implement and maintain adequate structural and/or nonstructural BMPs for controlling the discharge of pollutants. The adequacy of any BMP shall be based upon the fulfillment of the following requirements:
1. The discharge shall not result in a violation of the city's OPDES municipal stormwater discharge permit;
2. The discharge, based upon the determination of the director, shall not cause contamination of surface water, stormwater or ground water within the city; and
3. The discharge, based upon the determination of the director of public works, does not transport sediment into the city's MS4. Provided that the cleanout of bar ditches for a continuous distance of one thousand feet (1,000') shall not be considered as creating significant sediment.
B. Responsible Person:
1. Any person with overall responsibility for the construction, such as the general contractor, shall be jointly responsible with the person at whose direction the construction is conducted, for purpose of compliance with subsection A of this section.
2. If construction on a particular site requires that a "notice of intent" (NOI) for stormwater discharges associated with construction activity under the OPDES general permit be filed with the ODEQ, then the facility operator listed on the notice shall be responsible for compliance with subsection A of this section. (Ord. 1910 § 2, 2007)