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For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCIDENTAL DISCHARGE. A discharge of spills and dumping or any disposal of materials other than water into the system.
BEST MANAGEMENT PRACTICES (BMP’S). Those measures described in the latest edition of the “National Menu of Best Management Practices, Post-Construction Stormwater Management in New Development and Redevelopment”, http://cfpub.epa.gov/KPDES/stormwater/menuofbmps/index. cfm, as published by the United States Environmental Protection Agency (USEPA), “Kentucky Erosion Prevention and Sediment Control Field Guide” as published by the Kentucky Division of Water and “Best Management Practices for Construction Activities” as published by the Kentucky Division of Conservation and Division of Water. This shall also include related documents published and distributed by the city.
BUILDER. A person, partnership, contractor or corporation constructing one or more buildings for occupancy or any other use.
CERTIFICATION. A signed, written statement that specific constructions, inspections or tests (when required) have been performed and that such comply with the applicable requirements of this subchapter.
CITY. A representative or designee of the city government to include persons from the city representative’s office.
CITY REPRESENTATIVE. The person or persons currently designated by the Mayor to administer the Water Quality Program and any related permit activities.
CLEAN WATER ACT. The Federal Water Pollution Control Act (33 U.S.C §§ 1251 et seq.).
CONSTRUCTION ACTIVITY. Land disturbance activities subject to state KPDES General Construction Permits or local permits. Such activities include, but are not limited to, clearing and grubbing, grading, excavating and demolition.
CONSTRUCTION WEATHER DAYS. Days in which a needed activity could occur.
CONTRACTOR. A person who contracts with the permittee, landowner, builder, developer or another contractor to undertake any or all of the land-disturbing activities covered by this subchapter.
DETENTION BASIN. A drainage facility constructed to restrict the runoff of water to a prescribed maximum rate and to detain for a specified period of time the excess waters that accumulate upstream from the outlet structure.
DEVELOPMENT. The planning or construction project involving substantial property improvement and, usually, a change of land-use character within the site. The act of using land for building purposes.
DIRECTLY CONNECTED IMPERVIOUS AREA (DCIA). Surface area that drains/discharges to an outfall without passing through a BMP.
DRAINAGE AREA. The surface area from which water drains to a point of consideration.
ENGINEER. A person licensed as a Professional Engineer in the Commonwealth of Kentucky in accordance with KRS Chapter 322.
EROSION PREVENTION AND SEDIMENT CONTROL (EPSC) MEASURE. The practice, or a combination of practices, to prevent erosion and to abate the resulting off-site sedimentation.
FEMA. The Federal Emergency Management Agency.
FINAL STABILIZATION. Shall mean that:
(1) All soil disturbing activities at the site have been completed;
(2) There are no areas of active erosion evident; and
(3) A uniform perennial vegetative cover with a density of 70% of the cover for the area has been established or equivalent measures, i.e. mulches or geotextile fabrics, have been employed.
FLOODPLAIN. Any area inundated by a 100-year flood or as determined by the FEMA Flood Insurance Rate Map(s) or an engineering study.
FLOODWAY. The channel of a river or stream and those portions of the floodplain adjoining the channel that are required to carry and discharge the peak flow of the regulatory flood of any river or stream. The FLOODWAY is where the water is likely to be fastest and not include the channel and the portion of the adjacent floodplain.
ILLICIT DISCHARGE. Any discharge to a Municipal Separate Storm Sewer System (MS4) that is not composed entirely of water exempted by this subchapter or managed pursuant to a Kentucky Pollution Discharge Elimination System Permit (other than the city’s KPDES stormwater permit) or otherwise defined by this subchapter.
INDUSTRIAL ACTIVITY. Activities subject to KPDES Industrial Permits as defined in 40 C.F.R., § 122.26(b)(14).
KDOW. The Kentucky Division of Water.
KENTUCKY POLLUTANT DISCHARGE ELIMINATION SYSTEM (KPDES) GENERAL PERMIT FOR STORMWATER DISCHARGES ASSOCIATED WITH SMALL CONSTRUCTION ACTIVITIES (KYR10). A permit issued by the Kentucky Division of Water (KDOW) under designated authority by the United States Environmental Protection Agency (USEPA) that authorizes the discharge of pollutants in water discharges associated with construction activity (also known as the “Construction General Permit” or “KYR10").
KENTUCKY POLLUTANT DISCHARGE ELIMINATION SYSTEM (KPDES) STORMWATER DISCHARGE PERMIT. A permit issued by the Kentucky Division of Water (KDOW) under designated authority by the United States Environmental Protection Agency (USEPA), whether the permit is applicable on an individual, group or general area-wide basis.
LAND-DISTURBING ACTIVITY. All clearing and grubbing, clear cutting, construction, reconstruction, grading, modification, extension or expansion of structures or parking areas, placement of fill and dumping that change the natural cover or topography, thereby creating the potential for erosion and contribution of sediment.
LANDOWNER. A person holding legal title who directly or indirectly allows the land-disturbing activity or who benefits from it.
LAND SURVEYOR. A person licensed as a Professional Land Surveyor in the Commonwealth of Kentucky according to KRS Chapter 322.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4). A conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels or storm drains, that is designed or used for collecting or conveying water, not privately owned, not a combined sewer and not part of a publicly owned treatment works (POTW).
NOI. Notice of Intent.
NON-STORMWATER DISCHARGE. Any discharge to the storm drainage system that is not composed entirely of water or otherwise allowed by this subchapter.
NOT. Notice of Termination.
OUTFALL. The point or location where water runoff discharges from a BMP, conduit, stream or drain, storm sewer, channel or detention/retention facility.
PERIMETER CONTROL PLAN (PCP). A component of the Water Quality Management Plan that documents how sediment is controlled from leaving the project site.
PERIMETER OUTFALL. The locations from which water flow(s) from the project site/disturbed area.
PERMITTEE. The person responsible for the land-disturbing activity; who must have ownership interest in the property and is designated on an approved SWQMP Permit.
PERSON. Except to the extent exempted from this subchapter, any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, city, town or other political subdivision of the state, any interstate body or any other legal entity conducting land-disturbing activities subject to this subchapter.
POLLUTANT. Anything of a chemical component of nature which causes or contributes to pollution.
POLLUTION. The contamination or other alteration of any water’s physical, chemical or biological properties by the addition of a constituent.
POST-CONSTRUCTION WATER POLLUTION PREVENTION PLAN (P-WPPP). A component of the Water Quality Management Plan that illustrates how the pollutants or pollution will be prevented, treated and otherwise managed in the long-term, beyond that of construction phases.
PREMISES. Any building, lot, parcel of land or portion of land whether improved or unimproved.
PROJECT SITE. The area of land disturbing activity.
QUALIFIED PROFESSIONAL. An individual who is trained and experienced in water treatment techniques and related fields as may be demonstrated by state registration, professional certification, experience or completion of coursework, as accepted according to this subchapter, that enable the individual to make sound, professional judgments regarding water control or treatment and monitoring pollutant rate, transport and drainage planning. The city reserves the right to require an engineer’s review and certification for plan modification, where appropriate.
RETENTION BASIN. A drainage facility constructed to contain the runoff of water to a prescribed maximum rate/volume to pass into the groundwater system without discharging the retained volume to surface waters except through an emergency bypass under conditions beyond the designed capacity.
SITE. The entire area or project site of the land-disturbing activity as proposed in the permit application.
STOP WORK ORDER. An order by the city directing a permittee to suspend all construction and/or operations except for work related to remediation of the violation.
STORM SEWER. Channel, ditch, catch basin, inlet pipe, culvert, conduit or other conveyance used for the purposes of collecting and conveying water.
WATER POLLUTION PREVENTION PLAN (WPP). A component of the Water Quality Management Plan that illustrates how the suspension of sediment and other construction pollutants will be prevented.
WATER QUALITY MANAGEMENT PLAN (WQMP). Illustration and documentation of how sediment and other pollutants are managed on the project site during and after the construction phase. This is composed of three primary elements:
(1) The Perimeter Control Plan;
(2) The Water Quality Pollution Prevention Plan; and
(3) The Post-Construction Water Quality Pollution Prevention Plan.
WATER QUALITY MANAGEMENT PLAN (WQMP) PERMIT. A legal document that allows the permit holder to break ground or disturb soil on a site within the provisions of a SWQMP.
WATERS OF THE COMMONWEALTH. Any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells and other bodies of surface and subsurface water, natural or artificial, lying within or forming a part of the boundaries of the Commonwealth of Kentucky which are not entirely confined and retained completely upon the property of a single person.
(Ord. 2009-1, passed 5-4-2009)
(A) Program objectives.
(1) Protection of the short-term and long-term public health, safety and general welfare. This objective will be achieved by the following:
(a) Providing for regulation and management of the city’s water system, including public and private facilities in the city’s service area;
(b) Protecting and preserving water quality and thereby fish and wildlife habitat within the city and in downstream receiving waters; and
(c) Protecting those downstream and adjacent properties from water quality impairment.
(2) Compliance with state and federal water regulations developed pursuant to the Clean Water Act Amendments of 1987 and subsequent amendments. This objective will be achieved by the following:
(a) Benefitting water quality to a level of “designated use” as defined by the Clean Water Act §§ 305(b) and 303(d) and minimizing the impacts from new development and/or areas of significant redevelopment;
(b) Managing the quality of water discharged to the MS4 by controlling the contribution of pollutants associated with new development and redevelopment;
(c) Prohibiting illicit discharges to water;
(d) Managing the discharge of spills and dumping or any disposal of materials other than water into the system;
(e) Managing water pollution caused by the suspension and transport of soils, sediment and other construction pollutants;
(f) Minimizing damage to public facilities and utilities;
(g) Managing the use of the public and private water/drainage system that will not result in excessive maintenance costs;
(h) Encouraging the use of natural and aesthetically-pleasing designs that maximize the preservation of natural areas;
(i) Guiding the construction of water management facilities by developing comprehensive master plans that address water quantity, quality, design, operation and maintenance;
(j) Encouraging the preservation of floodplains, floodways and open spaces to protect and benefit the community’s quality of life and natural resources; and
(k) Encourage the planning for and use of regional BMPs.
(B) General approach for development.
(1) To most effectively achieve the program objectives, the city promotes an approach that encourages the consideration and use of:
(a) Regional BMPs;
(b) Low-impact development design principles;
(c) Waterway buffers;
(d) Low maintenance on-site BMPs; and
(e) A series of multiple BMP treatment systems.
(2) The city will encourage a primary preference for regional BMPs through:
(a) Enabling and facilitating private partnerships where on-site water quantity and/or quality requirements may be achieved or offset by watershed based solutions;
(b) Enabling and supporting private to public partnerships, offsets and regional BMP banking, and in-lieu fee funds; and
(c) In support of this approach, the city integrates into the planning and construction plan review processes, when and where available, the use of:
1. City Council adopted watershed studies;
2. City Council adopted master plans;
3. FEMA floodplain delineations; and
4. USEPA, KDOW 303(d) reports.
(Ord. 2009-1, passed 5-4-2009)
Upon written request to the person, the city shall have safe and easy access to the areas to be inspected and/or monitored.
(A) The city shall have the right-of-entry on or upon the project site. The city shall be provided access to all parts of the premises subject to this subchapter for the purposes of inspection, monitoring, sampling and for the performance of other duties necessary to determine compliance with this subchapter.
(B) Where a project site has security measures in place which require proper identification and clearance of individuals before entry into its premises, the person shall make necessary arrangements with its security personnel so that, upon presentation of suitable identification and written request, the city will be permitted to enter without delay for the purposes of performing specific responsibilities.
(C) The city shall have the right to set up on a project site such devices necessary to conduct sampling and/or metering of the water operations or discharges.
(D) Any temporary or permanent obstruction to safe and easy access to the areas to be inspected and/or monitored that can reasonably be moved shall be removed promptly by the person at the written or verbal request of the city. The costs of clearing such access shall be borne by the person.
(E) The city or its designated representative may inspect the facilities of any user in order to ensure compliance with this subchapter. Such inspections shall be made with the consent of the owner, manager or signatory official. If such consent is refused, denied or not promptly addressed, the city may seek issuance of a search warrant.
(F) The city has the right to determine and impose inspection schedules necessary to enforce the provisions of this subchapter. Inspections may include, but are not limited to, the following:
(1) An initial inspection prior to Water Management Plan approval;
(2) An inspection prior to burial of any underground drainage structures;
(3) Erosion control inspections as necessary to determine effective control of sediment prior to discharge to the municipal separate storm sewer system;
(4) A finish or closeout inspection when all work, including installation of storm management facilities, has been completed; and
(5) An inspection to determine the effectiveness or operational viability of a permanent or long-term water quality management practice(s).
(Ord. 2009-1, passed 5-4-2009)
(A) Prohibition of illegal discharges.
(1) Pursuant to the Kentucky Pollutant Discharge Elimination System (KPDES) Municipal Separate Storm Sewer System (MS4) Program, illicit discharges to the MS4 are defined as illegal. Except as hereinafter provided, all non-water discharges into the MS4 are prohibited and declared to be unlawful.
(2) It is unlawful for any person to connect any pipe, open channel or any other conveyance system that discharges anything except stormwater or unpolluted water, which is approved by the city based on exemptions listed in division (B) below, to the water quality system.
(3) It is unlawful for any person to discharge waters from residential construction activities that are not complying with the Standard of Practice for Residential Construction Water Quality Management as approved and advertised by the city.
(4) In addition to illicit discharges, the discharge of spills and the dumping and/or disposal of materials other than stormwater, including, but not limited to, unpermitted (KPDES) industrial and commercial wastes, commercial car wash wastes, sanitary sewage, garbage, yard waste, trash, petroleum products, including used motor vehicle fluids, as well as leaf litter, grass clippings and animal wastes into the MS4, whether directly or indirectly, are prohibited, unless authorized under a KPDES Permit.
(B) Allowable discharges.
(1) Unless the city has identified a discharge as an unacceptable source of pollutants to the “Waters of the Commonwealth of Kentucky”, the following non-stormwater discharges into the MS4 are lawful:
(a) Discharges from emergency fire fighting activities;
(b) Diverted stream flows;
(c) Rising ground waters;
(d) Uncontaminated groundwater infiltration to separate storm sewer systems (as defined by 40 C.F.R. § 35.2005(20);
(e) Uncontaminated pumped ground water;
(f) Discharges from potable water sources as required for system maintenance;
(g) Drinking water line flushing;
(h) Air conditioning condensate;
(i) Uncontaminated landscape irrigation;
(j) Uncontaminated irrigation water;
(k) Lawn watering;
(l) Uncontaminated springs;
(m) Uncontaminated water from crawl space pumps;
(n) Uncontaminated water from footing drains and pumps;
(o) Individual residential car washing;
(p) Flows from riparian habitats and wetlands;
(q) Swimming pool discharges de-chlorinated through city accepted BMPs;
(r) Controlled flushing stormwater conveyances (contained and treated by appropriate BMPs);
(s) Discharges within the constraints of a Kentucky Pollutant Discharges Elimination System (KPDES) Permit from the Kentucky Division of Water (KDOW); and
(t) Discharges approved at the discretion of the city representative.
(C) Accidental discharges.
(1) In the event of any discharge of a hazardous substance in amounts that could cause a threat to public drinking supplies, a spill having a significant adverse impact as defined by the USEPA and Kentucky State Law, or any other discharge that could constitute a threat to human health or the environment, as may be asserted by the city, the owner or operator of the facility shall give notice to the city and the KDOW as soon as practicable, but in no event later than four hours after discovery of the accidental discharge or the discharger becomes aware of the circumstances.
(2) If an emergency response by governmental agencies is needed, the owner or operator should call 911 immediately to report the discharge. A written report must be provided to the city within five days of the time the discharger becomes aware of the circumstances, unless this requirement is waived by the city for good cause shown as determined by the city or its designee on a case-by-case basis, containing the following information:
(a) A description of the discharge including volumes and concentrations;
(b) The exact dates and times of discharge; and
(c) Steps being taken to eliminate and prevent recurrence of the discharge.
(3) The discharger shall take all reasonable steps to minimize any adverse impact to the MS4 or the waters of state, including accelerated or additional monitoring necessary to determine the nature and impact of the discharge. It shall not be a defense, for the discharger in an enforcement action, to claim that it would have been necessary to halt or reduce the business or activity of the facility in order to maintain water quality and minimize any adverse impact that the discharge may cause.
(Ord. 2009-1, passed 5-4-2009) Penalty, see § 150.999
(A) The landowner shall obtain from the city a WQMP Permit prior to the initiation of any land-disturbing activities that result in the disturbance of 20,000 square feet or more of land. Although a permit is not required for any land disturbance over 2,000 square feet but disturb less than 20,000 square feet, the landowner must nevertheless follow Best Management Practices.
(B) This Water Quality Management Plan Permit (SWQMP) alone does not authorize or grant permission to begin development or redevelopment on subject property. It does not supersede other permits required by the city, state and federal governments.
(C) Project site owners, as applicable in division (A) above, shall submit an application for a SWQMP on forms provided by the city.
(D) Applications must include a Notice of Intent (NOI), Perimeter Control Plan (PCP), Water Quality Pollution Prevention Plan (WPPP), Post-Construction Water Quality Pollution Prevention Plan (P-SWPPP) and any other necessary information or documentation requested by the city. The NOI requirements are included in division (F) below.
(E) The PCP and SWPPP are components of the SWQMP. While both plans may be approved simultaneously, the provisions of a PCP shall be implemented, inspected and accepted by the city prior to implementing the SWPPP and P-SWPPP and before other construction proceeds.
(F) The landowner must notify the city and the Kentucky Division of Water (KDOW) within the minimum time frame specified in the KPDES General Permit for Water Discharges Associated with Small Construction Activities (KYR10) prior to the commencement of construction activities through the submittal of an updated NOI.
(1) Submittal for a WQMP Permit application shall include an NOI letter, when required by 401 KAR 5:055 and 401 KAR 5:060, with proof of publication of a Public Notice, Construction Plans, a Perimeter Control Plan, a Water Quality Pollution Prevention Plan, Post-Construction Water Quality Pollution Prevention Plan and any other necessary information or documentation requested by the city.
(2) The NOI letter, proof of publication of public notice and construction plans for the SWQMP Permit shall be submitted to the city.
(G) Upon completion of construction activities, stabilization of the project site and removal of all temporary erosion protection and sediment control measures, the applicant shall submit a NOT to the city and the Kentucky Division of Water (KDOW). The city, or its designated representative, shall inspect the project site to verify that the requirements of the NOT have been met.
(H) The city reserves the right to require a checklist of necessary items to be completed and included with the SWQMP Permit application submittal. Upon submittal, the SWQMP application shall be rejected in its entirety should any item on the checklist be incomplete.
(I) The city reserves the right to collect fees associated with SWQMP Permit application, plan review and inspections from the applicant.
(Ord. 2009-1, passed 5-4-2009)
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