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A. All persons engaged in construction activities who are required by federal or state law to submit to EPA and/or RWQCB a notice of intent to comply with an NPDES stormwater permit, shall provide the city with copies of the NOI and the NPDES stormwater permit issued by the RWQCB. Construction activities that will disturb one acre or more of land area or smaller land areas, if they are part of a larger common plan of development or sale, are required to apply for a stormwater discharge permit (40 CFR 122.26(b)(15)).
B. Any person performing construction shall not cause or contribute to a violation of the RWQCB stormwater discharge permit issued by the RWQCB to the city of Reedley. Liability for any such discharge shall be the responsibility of the person causing or responsible for the discharge. Any person performing construction shall undertake best management practices to minimize pollutants (including sediments) from leaving the construction site, provide protection from accidental discharge of pollutants to the public storm drain system, and comply with the cleanup and notification requirements of this chapter. Site operator shall ensure erosion and sediment control and control of waste and properly dispose of waste, such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. Such measures shall include the requirements imposed by federal, state, county, or local authorities. BMPs are site specific and are described in the documents "Storm Water Best Management Practice Handbook: Construction"; "Storm Water Best Management Practice Handbook: New Development And Redevelopment"; "Storm Water Best Management Practice Handbook: Industrial And Commercial"; "Storm Water Best Management Practice Handbook: Municipal"; or other guidance documents available from EPA and/or RWQCB.
C. If best management practice is required by the public works manager or city engineer to prevent a pollutant from entering the public storm drain system, the person receiving the notice of such a requirement may petition the city council of the city of Reedley to reconsider the application of the BMPs to the premises or activity. The written petition must be received within ten (10) working days at the issuance of the notice by the public works manager or city engineer and shall set forth any reasons as to why application of BMPs to the premises or activity should not be required and any proposed alternatives to such a requirement. The city council will act within thirty (30) calendar days of the filing of the petition. (Ord. 2008-07, 11-12-2008)