Any construction activity that results in a land disturbance that requires a grading, building, or discretionary permit must be undertaken in accordance with:
(A) Any conditions and requirements established by the municipal storm water permit or other applicable NPDES permits which are reasonably related to the reduction or elimination of pollutants in storm water runoff from the construction site.
(B) Any condition or requirement established by the director to protect specific watersheds or drainage basins.
(C) Any construction activity requiring a grading, demolition, or stockpile permit must include a plan identifying the structural and non-structural BMPs to be implemented during the construction activity to reduce pollutants in storm water runoff from the site and prevent construction site discharges from causing or contributing to a violation of water quality standards.
(1) The storm water runoff plan required for the construction activity will be based on the area of land to be disturbed by the construction activity as follows:
(a) Any construction activity requiring a grading, demolition or stockpile permit that results in the disturbance of less than one acre of land will require the applicant for such permit to submit and obtain city approval a SWPCP, or equivalent, as required by the municipal storm water permit.
(b) Any construction activity requiring a grading, demolition or stockpile permit that results in the disturbance of one acre or greater, will require the applicant for such permit to submit and obtain city approval of a SWPPP in accordance with the municipal storm water permit and state general permit.
(2) Prior to the issuance of a grading permit or any permit authorizing construction activity including demolition, clearing, grading, grubbing, excavation, construction, if required by the state board, or where the director determines there is a substantial potential for discharge of significant levels of a pollutant into the storm drain system or receiving waters, the applicant for such permit must submit and obtain approval for the required plan based on the area of land disturbed by the construction activity.
(3) Each applicable SWPPP or SWPCP, must name a responsible person for the project.
(4) The owners of a development project, and their successors and assigns, and each named responsible person, must implement and adhere to the terms, conditions and requirements of the approved SWPPP or SWPCP. Any failure to implement and adhere to the terms, conditions and requirements of such plan will constitute a violation of this article.
(5) Compliance with the conditions and requirements of a SWPPP or SWPCP will not exempt any responsible person from the requirement to comply independently with each provision of this article.
(6) Any construction activity requiring a SWPPP or SWPCP will be inspected a minimum of once during the wet season for the implementation of storm water quality controls. If the city determines that the SWPCP or SWPPP has been improperly implemented, a follow-up site inspection will be conducted by the city within two weeks of the initial inspection.
(7) The city's costs and expenses incurred in the review, approval, or revision of any SWPPP or SWPCP, as well as for the construction site inspection and reinspection will be included as part of the applicable fee for such plans.
(Ord. No. 2459, 2876)