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(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)
(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)
(A) Water quality management.
(1) This section concerning post-construction water quality management is only applicable when the disturbed area is over one acre.
(2) If there is land disturbance over one acre, the permittee shall complete a permit application that includes a Post-Construction Water Quality Pollution Prevention Plan (P-SWPPP) to be completed, sealed and signed by a licensed professional engineer and/or land surveyor as appropriate and submitted to the city representative.
(B) Post-Construction Water Quality Pollution Prevention Plan. A SWQMP Permit requires a review and submittal of a Post-Construction Water Quality Pollution Prevention Plan (SWPPP). The Post-Construction SWPPP shall include the following information:
(1) A description of the proposed land use including amount of impervious area, directly connected impervious area and nature of the development;
(2) Location, dimensions, detailed specifications and construction details of all post-construction water quality Best Management Practices (BMPs), as defined in the city guidance documents;
(3) A sequence describing when each post-construction water quality BMP will be installed;
(4) A Long-Term Operation and Maintenance Agreement containing maintenance guidelines for all post-construction water quality measures to facilitate their proper long-term function. This Agreement shall be made available to future parties, including property owners, who will assume responsibility for the operation and maintenance of the post-construction water quality measures;
(5) The P-SWPPP shall include provisions for buffers:
(a) The waterway buffer will be used to define areas where land disturbance activities shall be permitted, but construction of any building or structure shall not be permitted.
(b) A waterway buffer shall be applied to all waterways serving more than 25 acres of tributary area or presented on a United States Geological Survey map as a blue line stream.
(c) The waterway buffer shall be defined as the greater of:
1. Area contained within a boundary established by the floodplain boundary as defined by FEMA or city master planning: or
2. Where a floodplain is not defined or calculated, the buffer will be 25-feet on each side from the top of waterway bank as defined by geomorphic shape (not by the current water surface elevation).
(e) The waterway buffer and floodplain may be used for application of water quality devices. This may only be permitted if erosion prevention and sediment control, water quality and cut-fill policies are adequately addressed as determined by the city according to the provisions of this subchapter.
(f) Exemptions are granted so long as erosion prevention and sediment control, water quality and cut-fill policies are adequately addressed. Exemptions shall be granted for:
(a) Roads and utilities crossing waterways;
(b) Pedestrian trails and walkways proximate to waterways; and
(c) Other exemptions may be made at the discretion of the city representative.
(6) A licensed professional engineer in the Commonwealth of Kentucky shall stamp all construction plans and long-term maintenance documentation. This shall include all proposed improvements or modifications to existing or new water quality infrastructure and other related improvements or modifications; and
(7) The city may require the posting of a maintenance bond to secure the structural integrity of the facilities as well as the functioning of the facilities in accordance with the approved Post-Construction SWPPP for a term of 24 months from the date of acceptance of dedication. An irrevocable letter of credit can be used as the financial assurance in lieu of a maintenance bond although the contribution shall be equivalent to the amount that would be estimated for the maintenance bond. The maintenance bond shall be calculated as 20% of the estimated construction cost and may be reduced to 10% after 12 months if there are no concerns by the city representative.
(C) BMP design requirements and criteria.
(1) The city reserves the right to develop or adopt other guidance documents to serve as design and implementation standards. Other guidance documents distributed by the city should be reviewed and considered when preparing the Post-Construction SWPPP. These documents may be applied as standards by which designs are to be prepared and controls implemented.
(2) The city shall have authority to implement this subchapter by appropriate regulations, guidance or other related materials. In this regard, technical, administrative or procedural matters may be modified as needed to meet the objectives defined herein, so long as such modifications as to technical, administrative or procedural matters are not contrary or beyond the intent of the objectives defined above.
(a) Regulations, guidance or other related materials that may be given authority by this subchapter may include, but are not limited to: Best Management Practice (BMP) manuals, design regulations and requirements, submittal checklists, review checklists, inspection checklists, certifications, water quality management manuals and operation and maintenance manuals;
(b) Materials may include information deemed appropriate by the city including guidance and specifications for the preparation of grading plans, selecting environmentally sound practices for managing water quality, minimum specifications and requirements, more complete definitions and performance standards;
(c) The above referenced documents may restrict or prevent the use of specific products, techniques or management practices (that are to be accepted by the public or are deemed to have a negative impact on public infrastructure or the MS4) that have been identified as unacceptable for performance, maintenance or other technically based reasons; and
(d) Documents referenced above may be updated periodically to reflect the most current and effective practices and shall be made available to the public. However, the failure to update the manual shall not relieve any applicant from the obligation to comply with this subchapter, and shall not prevent the city from imposing the most current and effective practices.
(3) The P-SWPPP shall include provisions for water quality BMPs functioning independently or in combination. Acceptable water quality BMPs shall be defined by policy and guidance documents as approved by the Water Quality Board.
(4) The P-SWPPP shall include provisions for water quality BMPs that are designed to achieve the following design/performance objectives:
(a) Reduce total suspended solids (TSS) from the first flush as defined by land use characteristics and contributing area; or, capture and treatment of at least one-half inch precipitation applied over the contributing area;
(b) Reduce or buffer increases in water runoff temperature caused by contact with impervious surfaces;
(c) Reduce or buffer increases in water runoff volume and flow rate caused by increases in directly connected impervious area and overall impervious area; and
(d) Water detention/retention facilities shall be designed to address the rate at which flow is released over the entire runoff discharge period and the volume of discharge over the critical design-storm period if defined by city water quality master plans. The outlet structure shall be designed as a v-notch weir or other multiple stage configurations capable of controlling the discharge rates for the first flush, two-, ten- and 25-year design-storm events. The outlet structure shall be designed to safely bypass the 100-year storm event.
(5) Soil bio-engineering, “green” and other “soft” slope and stream bank stabilization methods shall receive preference over rip rap, concrete and other hard armoring techniques.
(6) Retention supportive data must be submitted to justify the type of facility selected. If the facility is designed to retain (volume control) all or a significant portion of runoff (as opposed to temporarily detain), then appropriate soils analyses findings shall be submitted to the city. This submission shall also discuss the impacts the facility will have on local karst topography as found through a geotechnical investigation of the site. The facility may be designed to infiltrate runoff to groundwater rather than transmit it downstream under conditions up to a ten-year storm event. It must be able to bypass all other storms including 100-year event with a discharge rate equivalent to or less than pre-development conditions without negatively impacting the 100-year floodplain above or below the site. If data indicates that the facility cannot retain a significant portion of the runoff (95%), then the facility must be designed to detain runoff.
(7) If available, each P-SWPPP shall be evaluated for consistency with the Water Quality Master Plan or watershed study for the major watershed or watersheds within which the project site is located. The individual project evaluation will determine if water quantity and quality management practices can adequately serve the property and limit impacts to downstream public and private properties. The presence of a regional facility(s) will be considered in determining the extent to which water quantity and/or quality controls will be necessary.
(8) The city reserves the right to require superseding or additional treatment criteria or objectives for specific pollutant(s) as necessary to meet overall water quality management program objectives or directives under a watershed improvement or Total Maximum Daily Load (TDML) program as administered by the USEPA or Commonwealth of Kentucky.
(9) On-site BMP Coordination with regional BMPs.
(a) All properties are expected to implement on-site water quality control measures, but the extent of application may be reduced given the availability, proximity and nature of regional water quality BMPs.
(b) The extent and type of on-site water quality management practices implemented shall be proportionate to the land use, and proximity to regional water quality management practices.
(D) BMP ownership and easements.
(1) Any water management facility or BMP which services individual property owners shall be privately owned. General routine maintenance (controlling vegetative growth and removing debris) shall be provided by the owner(s). The owner shall maintain a perpetual, non-exclusive easement that allows for access for inspection and emergency maintenance by the city. The city has the right, but not the duty, to enter premises for emergency repairs.
(2) Any water quality management facility or BMP which services an individual residential subdivision in which the facility or BMP is within designated open areas or serves as an amenity with an established homeowners association shall be privately owned and maintained consistent with provisions of this subchapter. The owner shall maintain a perpetual, nonexclusive easement which allows access for inspection and emergency maintenance by the city. The city has the right, but not the duty, to enter premises for emergency repairs.
(3) Any water quality management facility or BMP which services commercial and industrial development shall be privately owned and maintained. The owner shall maintain a perpetual, nonexclusive easement which allows access for inspection and emergency maintenance by the city. The city has the right, but not the duty, to enter premises for emergency repairs.
(4) All regional water quality management control facilities proposed by the owners, if approved and accepted by the city for dedication as a public regional facility, shall be publicly owned and/or maintained. All other water quality management control facilities and BMPs shall be privately owned and/or maintained unless accepted for maintenance by the city.
(5) The city may require dedication of privately owned water quality facilities, which discharge to the city water quality system. This shall be at the approval of the City Council.
(E) Regional facilities management.
(1) The objective of a regional water quality management facility, pond or other device, is to address the water quality management concerns in a given watershed with greater economy and efficiency than possible through individual facilities. The intended result is fewer water quality management facilities to maintain in the affected watershed while sustaining efficiency.
(2) The city encourages regional water quantity and/or quality management practices, serving 25 to 250 acres of tributary area, which may be consistently and efficiently managed and maintained. These types of practices will be encouraged in order to replace or reduce the implementation of on-site water quantity and/or quality management practices, as determined to be appropriate by the city.
(3) Where a regional water quality management facility has been established by one or more local governments, or by an authority operating on behalf of one or more local governments, a development or property may participate in the program in lieu of runoff control required by this subchapter. This may be permitted provided that:
(a) Runoff from the development drains to an approved existing or proposed public regional water quality management facility that will be operational within one year;
(b) Participation in the form of contribution of funds, contribution of land, contribution of quality management facility construction work or a combination of these, the total value of which shall be in accordance with a fee schedule adopted by the city;
(c) The city finds that the water quality management plans are in compliance with all other applicable requirements and ordinances; and
(d) Each fiscal or in-kind contribution from a development owner participating in a regional water quality management facility shall be used for acquisition, design, construction or maintenance of one or more such facilities in the same watershed in which the development is located.
(4) Detention facilities may, and are encouraged, to be designed to serve multiple purposes. For example, runoff may be detained under wet-weather conditions, but also serve as common or recreational areas during dry-weather conditions. Where multi-purpose facilities are provided, or where flat grades or poorly draining soils are encountered, provisions for adequate low-flow water quality management system may be required. Where the retention/detention facility is planned to be used as a lake, pond or water quality management practice with a permanent pool, water budget calculations shall be performed and submitted to demonstrate that an adequate permanent pool depth is expected during dry summer months.
(F) Long-term operation and maintenance agreements.
(1) Long-term operation and maintenance agreements. Long-Term Operation and Maintenance Agreements shall include a maintenance plan for all water quality BMPs in new development or redevelopment that require more than general maintenance (e.g. periodic mowing).
(a) The plan will be developed to ensure that the water quality BMP(s) is (are) kept functional. The maintenance agreement will specify minimum operation and maintenance requirements and intervals to be performed by the property owner.
(b) The plan shall address schedules for inspections and techniques for operation and maintenance including vegetation clearing or mowing and removing accumulated trash, debris, sediment pollutants and other forms of pollution.
(c) The agreement shall be noted on the final plat with the appropriate notation on the particular lot(s).
(d) The agreement shall be included with property ownership title documents and shall be binding on the owner, its administrators, executors, assigns, heirs and any other successors in interest.
(e) The format for the Long-Term Operational and Maintenance Agreement shall be provided through example by the city, or through guidance documents.
(f) Care must be taken to ensure that any required facilities do not become nuisances or health hazards. Detention and retention facilities should be designed to require minimal maintenance, and maintenance expectations must be clearly stated in the Long-Term Operation and Maintenance Agreement.
(g) When a water quality BMP serves more than one parcel, a home or property owners’ association or binding contract for the purpose of operation and maintenance is required. The owners’ association shall be responsible for operation and maintenance as directed by this subchapter.
(2) Single entity ownership. Where the permanent water quality runoff control facilities are designed to manage runoff from property in a single entity ownership, the maintenance responsibility for the water quality control facilities shall be with the single entity owner.
(a) A SINGLE ENTITY shall be defined as an association, public or private corporation, partnership firm, trust, estate or any other legal entity allowed to own real estate exclusive of an individual lot owner.
(b) The stated responsibilities of the entity shall be documented in the Long-Term Operation and Maintenance Agreement. Terms including owning, operating and maintaining the facilities shall be submitted with plans in application for a SWQMP Permit for an adequacy determination. Approval of a SWQMP shall be conditioned upon the approval of these terms. These terms shall be in writing, shall be in recordable form and shall, in addition to any other terms deemed necessary by the city, contain a provision permitting inspection at any reasonable time by the city of all facilities deemed critical in the public welfare.
(c) Upon approval of the water quality BMPs by the city, the facility owner(s) shall demonstrate the ability to guarantee and apply the financial resources necessary for long-term maintenance requirements. The funding mechanism shall be in a form approved by the city. The city will only approve funding mechanism(s) for long-term maintenance responsibilities that can be demonstrated to be permanent or transferable to another entity with equivalent longevity.
(d) In the event that proposed funding is through an owners’ association, then it must be demonstrated that the association may not dissolve unless long-term operation and maintenance activities are accepted by another entity with equivalent longevity and adequate funding. Furthermore, the owners’ association’s responsibility must be stated in the association’s declaration, covenants or by-laws, as appropriate.
(e) Unless made specifically clear in the preliminary stages of the site design and construction plan review procedure, it will be assumed that all water detention, retention, treatment or storage facilities and/or devices shall be owned, operated and maintained by a single entity as defined above.
(3) City ownership. Where the city has accepted an offer of dedication of the permanent water quality BMPs, the city shall be responsible for operation and maintenance.
(Ord. 2009-1, passed 5-4-2009)
(A) Permittee performed inspections.
(1) Self-inspections. Permittee performed inspections (self-inspections) shall be performed by a qualified professional.
(2) Inspection standards. The city shall develop standards and a checklist to be used by the permittee for the inspections.
(3) Documentation to be kept on-site. Documentation of owner-performed inspections and inspection findings shall be kept on-site, if appropriate facilities are available.
(4) Availability of documentation. Documentation of owner-performed inspections and inspection findings shall be made available within two business days for construction and seven days for post-construction of a request by the city or designated representative. Failure to timely submit documentation, as requested, will be assumed to indicate that inspections were not performed and may result in corresponding enforcement procedures.
(5) Construction inspections. Maintenance inspections shall be performed at control measures in accordance with the KPDES General Permit for Stormwater Discharges Associated with Small Construction Activities (KYR10), which requires self inspections at least every seven regular calendar days or at least once every 14 calendar days, and within 24 hours after any storm event of one-half inch or greater. The permittee shall begin repair actions within seven calendar days after deficiencies or failures have been identified.
(6) Post-construction inspections. Inspection and maintenance shall be performed at water quality BMPs on at least an annual basis and as otherwise determined in the Long-Term Operation and Maintenance Agreement.
(B) Oversight inspections.
(1) The city, or the city’s designated representative, has the authority to periodically inspect the water quality BMPs. The city may make inspections of the site at its discretion and shall either approve the condition of the BMP or shall notify the permittee wherein the condition fails to comply with the approved SWQMP.
(2) The city or its designated representative’s inspections and findings will be presented and reviewed with the permittee at the time of inspection (as available to site personnel), and be available in the city public records within seven normal business days.
(3) The city shall identify, in writing, any measures with deficiencies or that are not in compliance with the objectives of this subchapter and the SWQMP Permit.
(4) The city is authorized to negotiate with the permittee to develop and implement an action plan that exceeds the SWQMP Permit provisions, but is necessary to prevent water pollution from leaving the site.
(Ord. 2009-1, passed 5-4-2009)
A qualified professional is required to perform construction and post-construction inspections and to direct and/or supervise maintenance activities to ensure that the SWQMP Permit and Long-Term Operation and Maintenance Agreement provisions are being implemented properly and maintain written records of the inspections.
(A) Effect. This section shall be effective and enforced on May 4, 2009.
(B) Registration. Qualified professionals performing inspections or overseeing maintenance activities under this subchapter must be registered by the city prior to execution of those actions. All applicants must file an application with the city.
(C) Construction qualified professional prerequisites.
(1) Applicants must demonstrate knowledge and experience in the following areas:
(a) Construction practices;
(b) Operational standards;
(c) Cause and failure indicators; and
(d) Maintenance measures used to prevent and correct failures.
(2) Applicants who can demonstrate one or more of the following will be considered for registration:
(a) Similar qualification or certification of any other similar program in the Commonwealth of Kentucky or in the United States so long as that program required a test and the applicant passed the test; and
(b) Qualification or certification program as designated in the KPDES General Permit for Stormwater Discharges Associated with Small Construction Activities (KYR10).
(3) Documentation demonstrating the above will be required by the city before registration will be granted.
(D) Post-construction qualified professional prerequisites.
(1) Applicants must demonstrate knowledge and experience in the following areas:
(a) Water quality treatment practices;
(b) Operational standards;
(c) Cause and failure indicators; and
(d) Maintenance measures used to prevent and correct failures.
(2) Applicants who can demonstrate one or more of the following will be considered for registration:
(a) Professional engineer license in good standing in the Commonwealth of Kentucky with demonstrated experience in water quality treatment BMPs;
(b) Professional land surveyor license in good standing in the Commonwealth of Kentucky with demonstrated experience in water quality treatment BMPs;
(c) Landscape architect license in good standing in the Commonwealth of Kentucky with demonstrated experience in water quality treatment BMPs;
(d) Professional in water quality certification in good standing; and
(e) Similar qualification or certification of any other similar program in the Commonwealth of Kentucky or in the United States so long as that program required a test and the applicant passed the test.
(E) The city may report to the appropriate licensing, certification or qualification authority for activities not consistent with the policies and procedures identified in this subchapter. This may include reporting activities that include, but are not limited to, the submittal of false or misleading information or for repeated incompetence or negligent actions by the registrant.
(Ord. 2009-1, passed 5-4-2009)
(A) The permittee shall submit a completed Notice of Termination (NOT) the city and the Kentucky Division of Water (KDOW) per the KPDES General Permit for Stormwater Discharges Associated with Small Construction Activities (KYR10).
(B) Written acceptance of site conditions shall be made by the city based upon an inspection.
(C) The city shall consider whether conditions are sufficient, appropriate and consistent with the SWQMP.
(D) A permit shall be considered open and active until the city accepts the site conditions, a Long-Term Operation and Maintenance Agreement has been accepted and after the following as-built requirements have been completed:
(1) Temporary erosion and sediment control measures have been removed;
(2) The remaining, undeveloped acreage that was subject to the permit does not exceed five acres;
(3) The designed public utilities are installed and have been inspected by the appropriate agencies;
(4) The road(s) have been constructed and the binder course of pavement has been placed in accordance with the standards in the subdivision regulations;
(5) The remaining undeveloped acreage that was subject to the permit does not pose a significant threat to the integrity of the infrastructure, adjacent properties or water quality;
(6) Permanent water quality BMPs and other measures have been implemented and are operational at the designed levels;
(7) Pipes, channels, catch basins, water quality treatment devices and other drainage features are clear of sediment, obstructions and debris, and are operating as designed and appropriate for final site conditions;
(8) Disturbed slopes are stabilized;
(9) Detention and retention basins are stabilized at designed volumes and conditions; and
(10) The city shall have 21 normal business days to perform an inspection and respond to the request. If the city does not respond within the 21 normal business days, then the request shall be granted automatic approval.
(E) As-built requirements.
(1) Prior to issuance of a Certificate of Occupancy, recording of the final plat or final release of bond, the as-built condition (including: invert elevations, size shape and location) of critical water quality management features must be identified, approved and provided in a electronic form to the city representative.
(2) The volume, slopes, configuration, condition and topographic information of all detention, retention and water quality practices shall be certified by a professional engineer or land surveyor, as appropriate, licensed in the Commonwealth of Kentucky. This information shall be provided to the city, in the form of an as-built drawing or other electronic form accepted by the city. The as-built certification shall indicate if final conditions are consistent with, or exceed, the SWQMP provisions.
(3) If it is determined that information provided in the as-built drawing, certification, inspection or survey of the site does not meet or exceed the SWQMP provisions, the city reserves the right to withhold Certification of Occupancy or final bond release. Furthermore, other enforcement mechanisms may be applied to the permittee or persons making certifying statements.
(4) The requirements of this section do not apply for individual residential lot development.
(Ord. 2009-1, passed 5-4-2009)
Plan acceptance:
(A) In such cases when the city representative and the owner’s engineer are not able to reach an agreement on construction plans to meet the requirements of this subchapter, then the owner’s engineer may request binding arbitration:
(1) Upon request for mediation, the city representative and the owner’s engineer shall discuss and attempt to agree on selection of a third party licensed professional engineer in the technical area of concern that will be used to mediate the points of difference; and
(2) If the city representative and the owner’s engineer are unable to agree upon a mediator and/or to resolve the differences in mediation, either party may then seek a legal remedy;
(B) The time and related expenses of the mediating engineer shall be borne by the owner’s engineer;
(C) The mediating engineer shall document and transmit his or her opinions and/or discussion results to both the city representative and the owner’s engineer upon completion of the mediation process regardless of outcome; and
(D) Pending resolution, the disputed enforcement action shall remain in effect.
(Ord. 2009-1, passed 5-4-2009)
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