CHAPTER 103
POST-CONSTRUCTION EROSION
AND SEDIMENT CONTROL

103.01 Purpose and Intent	103.12 Compensatory Action
103.02 Inspection of Storm Water Management Features	103.13 Violations Deemed a Public Nuisance
103.03 Right of Entry for Inspection	103.14 Municipal Infraction
103.04 Requirements for Maintenance	103.15 Remedies Not Exclusive
103.05 Records of Installation and Maintenance Activities	103.16 Compatibility with Other Requirements
103.06 Failure to Maintain Drainage Features	103.17 Ultimate Responsibility
103.07 Notice of Violation	103.18 Stop Work Orders
103.08 Appeal of Notice of Violation	103.19 Enforcement and Penalties; Violations
103.09 Enforcement Measures After Appeal	103.20 Restoration of Lands
103.10 Violations	103.21 Hold of Occupation Permits
103.11 Injunctive Relief

 

103.01 PURPOSE AND INTENT.

The purpose of this chapter is to establish erosion, sediment controls, and inspection procedures for controlling the introduction of pollutants to the Municipal Separate Storm Sewer System (MS4) from developed or redeveloped properties. Post-construction storm water inspections are limited to developed sites of one acre in size (43,560 square feet) or greater. The City Engineer herein grants an exemption to post-construction inspections for sites less than one acre, given the amount of impervious surface created is not in excess of 11,000 square feet (approximately ¼ acre).

103.02 INSPECTION OF STORM WATER MANAGEMENT FEATURES.

   1.   The City Engineer or an authorized representative shall establish and maintain a storm water inspection schedule that includes (but is not limited to):

      A.   Routine inspections;

      B.   Random inspections;

      C.   Inspections based upon public complaints;

      D.   Inspections based upon notice of possible violation;

      E.   Inspection of areas identified as having a higher than typical potential for sediment or pollutant exposure, such as construction sites, detention and retention basins;

      F.   Inspections of businesses or industries of a type associated with discharges that are more likely than the typical discharge to cause violations of State or Federal water or sediment quality standards, or the National Pollutant Discharge Elimination System (NPDES) Phase II storm water permit and the Clean Water Act; and

      G.   Joint inspections with other agencies inspecting under environmental or safety regulations as deemed necessary.

   2.   Inspections may include (but are not limited to) the following:

      A.   Evaluating the condition and current need for maintenance of storm water control features such as inlets, manholes, piping, detention, and retention basins;

      B.   Sampling discharges, surface water, groundwater, sediment material or standing water in drainage control facilities as deemed necessary;

      C.   Reviewing maintenance and repair records of storm water facilities;

      D.   Verification that storm water facilities, approved during construction plan review, such as detention basins, retention basins, piping and inlets are present and in good condition.

103.03 RIGHT OF ENTRY FOR INSPECTION.

   1.   The City Engineer, bearing proper credentials and identification, may enter and inspect properties within the City for regular periodic inspections, random inspections, investigations, monitoring, observation, measurement, enforcement, sampling, and testing to enforce Federal, State and local regulations related to the protection of storm water runoff quality and the City’s Storm Water Management Program.

   2.   The City Engineer shall duly notify the owner of said property, or the representative of the owner on-site, of the inspection. The inspection shall be conducted at reasonable times during the business day.

   3.   Right of entry includes the right to enter a property for routine and random inspections, or when the City Engineer has a reasonable basis to believe that a violation of Federal, State, or local regulations is occurring or has occurred. Following inspection, the City Engineer shall require abatement or corrections of violations of storm water regulations.

103.04 REQUIREMENTS FOR MAINTENANCE.

   1.   All storm water management features shall undergo an annual inspection to document maintenance and repair needs, and ensure compliance with requirements of this chapter and federal and State regulations.

   2.   Repair needs may include (but are not limited to) removal of silt, litter, and other debris from all catch basins, inlets, and drainage pipes, grass cutting, vegetation removal, replacement of landscape vegetation and maintenance to detention basins and retention basins.

   3.   Any maintenance needs found shall be addressed in a timely manner, as determined by the City Engineer, and the inspection and maintenance frequency may be increased or decreased as deemed necessary to ensure proper functioning of the storm water facilities.

103.05 RECORDS OF INSTALLATION AND MAINTENANCE ACTIVITIES.

Parties responsible for the operation and maintenance of a storm water management facility shall maintain records of the installation, maintenance, and repair of storm water facilities. These records shall be made available to inspection personnel upon request. Records shall be maintained for a period of three years from the date of maintenance.

103.06 FAILURE TO MAINTAIN DRAINAGE FEATURES.

   1.   If a responsible party fails or refuses to meet the requirements of the maintenance agreement, the City Engineer, after reasonable notice, may correct a violation of the drainage facility or conduct necessary maintenance by performing all necessary work to place the facility in proper working condition.

   2.   In the event that the storm water management facility becomes a danger to public safety or public health, or violates federal, State, or local regulations, the City Engineer shall notify the party responsible for maintenance of the storm water management facility in writing. Upon receipt of that notice, the responsible person shall have 14 days from the date of the notice to effect maintenance and repair of the facility in an approved manner. After proper notice, the City may assess the owners of the facility for the cost of repair work and any penalties; and the cost of the work shall be a lien on the property, or prorated against the beneficial users of the property, and may be placed on the tax bill and collected as ordinary taxes.

103.07 NOTICE OF VIOLATION.

When the City Engineer determines that a storm water facility is in need of maintenance, in accordance with the requirements of this chapter, the City Engineer shall issue a written notice of violation to the owner of the property. The notice of violation shall contain:

   1.   The name and address of the owner or applicant;

   2.   The address or a description of the building, structure or land upon which the violation is occurring;

   3.   A statement specifying the nature of the violation;

   4.   A stop work order as described in the following section;

   5.   A description of the remedial measures necessary to bring the development activity into compliance with this chapter;

   6.   A time schedule for the completion of such remedial action;

   7.   A statement of the penalty, or penalties, that shall be assessed against the person to whom the notice of violation is directed; and

   8.   A statement that the determination of violation may be appealed to the Zoning Board of Adjustment by filing a written notice of appeal within 14 days of service of notice of violation.

The notice shall also advise that, if the violator fails to take required remedial action within the stated deadline, the work may be done by a designated governmental agency or a private contractor, in either case at the sole expense of the violator.