§ 150.102 PROGRAM OBJECTIVES AND GENERAL APPROACH.

   (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)

§ 150.103 AUTHORITY AND RIGHT OF ENTRY.

   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)

§ 150.104 ILLICIT DISCHARGE DETECTION AND ELIMINATION.

   (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

§ 150.105 WATER QUALITY MANAGEMENT PLAN (WQMP) PERMIT APPLICATION PROCESS.

   (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)

§ 150.106 CONSTRUCTION SITE RUNOFF MANAGEMENT.

   (A)   Perimeter control plan. The permittee shall secure the perimeter prior to any land disturbance to decrease off-site sedimentation once construction begins.

      (1)   Control plan objectives.

         (a)   Focus on downstream points and outfall areas and does not necessitate protection of the entire site boundary;

         (b)   Protect adjacent properties by the use of vegetated strips along lower perimeters, sediment barriers, filters, diversion berms, sediment basins or other means acceptable to the city;

         (c)   Protect all points of discharge from outlets such as pipes, drains, culverts, conduits and channels;

         (d)   Minimize erosion and control sedimentation; and

         (e)   Reduce the velocity of flows from the project site.

      (2)   Control plan requirements.

         (a)   The permittee shall utilize sediment control measures that consider the type of flow, site terrain, soil type and other relevant factors.

         (b)   Buffer strips may only be utilized for sheet flow.

         (c)   Supplemental control measures shall be utilized when a single control device or measure proves ineffective.

         (d)   Location and description of construction entrances and exits that comply, or exceed, with BMP minimum standards.

         (e)   Minimum requirements of the KPDES General Permit for Stormwater Discharges Associated with Small Construction Activities (KYR10).

   (B)   Perimeter and outfall inspections.

      (1)   The perimeter and outfall protection inspection must be performed prior to the permittee’s breaking ground or disturbing soil with exception for installation of sediment control practices at the hydrologic perimeter and outfall(s) of a construction site. The inspection shall include participation by the city, the permittee and the permittee’s contractor.

      (2)   The perimeter and outfall protection inspection may only be performed after the review and acceptance by the city of a Perimeter Control Plan.

      (3)   Clearing, except that necessary to establish perimeter sediment control devices, shall not begin until perimeter and outfall sediment control devices have been installed and have been stabilized. Activities necessary to establish the perimeter controls are exempt from initial inspection.

      (4)   The city shall inspect the proposed construction site within seven normal business days after the submittal of the plan and installation of the perimeter protection devices.

         (a)   The Inspector shall, in writing, either approve the portion of work completed or notify the permittee where the work fails to comply with the approved Perimeter Protection Plan.

         (b)   Failure by the city to perform the inspection within seven normal business days will allow the permittee to begin land-disturbing activities, but may be subject to subsequent inspections by the city and revisions in the Perimeter Protection Plan.

         (c)   Inspection of perimeter and outfall protection measures shall consist of a written checklist for each type of protective measure to ensure that it was installed according to the approved plan and site-specific conditions.

         (d)   Measures shown on the plan may be modified at the time of inspection pursuant to agreement between the city and the permittee’s engineer or qualified professional.

   (C)   Other inspections. The city may inspect a permitted construction site in order to determine compliance with this subchapter. The city may determine and establish inspection schedules necessary to enforce the provisions of this subchapter within access provided in divison (D) below.

   (D)   Water Quality Management Plan (WQMP) Permit (“Water Quality Permit”).

      (1)   By accepting the permit, the permittee automatically acknowledges and accepts that the city has the right to perform inspections of the project site.

      (2)   The permittee shall complete a permit application that includes a Water Quality Pollution Prevention Plan (WPPP), Perimeter Control Plan (PCP) and Post-Construction Water Quality Pollution Prevention Plan (P-WPPP) to be completed, sealed and signed by a licensed professional engineer and land surveyor as appropriate and submitted to the city representative.

      (3)   The plan shall include and/or address the following elements:

         (a)   Area vicinity map showing current zoning, adjoining property owners and street lines within 100 feet of the project boundaries all drawn at a scale not greater than one inch = 2,000 feet;

         (b)   North arrow and its basis;

         (c)   Legend explaining symbols and abbreviations used on the plan;

         (d)   “Do Not Disturb Limits” for construction activity indicated by a heavy dashed line and labeled as such;

         (e)   Boundary of site defined by bearings and distances and indicated by a heavy solid line;

         (f)   Drawing(s) at a scale not greater than one inch = 100 feet. In the case of an unusually large development, a scale of one inch = 200 feet may be acceptable;

         (g)   Acreage of the total site and acreage of the project site (if different);

         (h)   Directly Connected Impervious Area (DCIA);

         (i)   Impervious areas as measured in square feet;

         (j)   Benchmark location(s), description(s) and elevation(s) at sea level;

         (k)   Basis of elevation datum;

         (l)   Name, address and telephone number of the owner, developer, permittee and project engineer;

         (m)   Existing and proposed topography at two-foot contour intervals;

         (n)   Mapping accuracy shall conform to National Standards of Mapping;

         (o)   Location of sinkholes, streams, steep slopes, known springs and watercourses;

         (p)   Location of any existing buildings or structures;

         (q)   Location of any pertinent utilities, sanitary sewers, water and stormwater facilities on the property or within 50 feet of the site;

         (r)   Elevations, dimensions, locations and the extent of all planned grading indicated with proposed contours;

         (s)   A grading plan for borrow pits, quarries and material-processing facilities based on the findings of soil site investigations;

         (t)   Design details of temporary and permanent structural controls;

         (u)   Approximate location of the 100-year floodplain or a statement by a professional engineer or professional land surveyor that the site is not located in an area subject to flooding. The basis for this determination shall be shown;

         (v)   A detailed quantity estimate for water quality management controls and measures;

         (w)   Identification of perimeter controls at outfalls and areas where construction site drainage leaves the property boundary or disturbed area(s);

         (x)   Arrows indicating drainage flow patterns;

         (y)   Location, dimensions, detailed specifications and construction details of all temporary and permanent water quality measures;

         (z)   Temporary stabilization plans and sequence of implementation;

         (aa)   Permanent stabilization plans and sequence of implementation;

         (bb)   Anticipated construction sequence describing the relationship between implementation of water quality measures and stages of construction activities;

         (cc)   Anticipated inspection and maintenance requirements for permanent and temporary measures. This shall include the expected frequency of routine inspections and maintenance activities such as removal of sediment and waste concrete; and

         (dd)   Management practices or other controls to address the following:

            1.   Waste concrete management;

            2.   Material delivery, handling and storage;

            3.   Sanitary/septic waste management;

            4.   Solid waste/trash and debris management;

            5.   Vehicle and equipment cleaning, fueling and maintenance;

            6.   Sensitive and vegetated area preservation;

            7.   Pit and channel de-watering operations;

            8.   Contaminated soil management as defined and approved by the Kentucky Divisions of Water and Waste Management;

            9.   Hazardous materials and waste management as defined and approved by the Kentucky Divisions of Water and Waste Management;

            10.   Pesticides, herbicides and fertilizer use; and

            11.   Long-term water quality treatment.

      (4)   Plan revisions. The permittee shall notify the city in writing of any substantial field changes made to the approved Water Quality Management Plan. Changes made to the plan must be approved by the city representative, prior to implementation.

      (5)   Plan review and permit issuance. The city shall review the SWPPP within a reasonable time frame, typically 30 calendar days, from date of submission and issue or deny the requested permit. Failure to do so will allow the person to proceed with land-disturbing activities in accordance with BMPs and the submitted SWPPP. However, the city still reserves the right to review and require changes it determines appropriate.

      (6)   Requirements for individual lots.

         (a)   A separate water quality permit is not required for individual lots disturbing less than 20,000 square feet or more of land. For any land disturbance over 2,000 square feet but less than 20,000 square feet, the landowner must nevertheless follow Best Management Practices.

         (b)   All water quality management measures necessary to comply with this subchapter must be implemented in accordance with the permitted plan for the larger project and adhere to the general standard or those of a common area plan.

         (c)   The individual permittee is responsible for the installation and maintenance of all erosion prevention and sediment control measures until the site is stabilized.

         (d)   The permittee, whether owning the property or acting as the representative of the property owner, shall submit to the city the following information for review and approval prior to the issuance of a building permit:

            1.   Dimensions, elevations, drainage patterns and swales, and location of existing buildings and natural features that are pertinent to this subchapter;

            2.   Proposed drainage patterns;

            3.   Location of the construction access to the site;

            4.   Location of perimeter erosion and sediment control measures prior to land disturbance; and

            5.   The total square footage amount of disturbed area required by the project.

         (e)   Temporary erosion prevention and sediment control measures may be removed for completion of the finish grade. Permanent stabilization to include either sod or mulched-seeding as appropriate for seasonal conditions shall be completed within 14 days prior to removal of temporary erosion prevention and sediment control measures.

(Ord. 2009-1, passed 5-4-2009)