(a) To control sediment pollution of water resources, the owner shall adhere to the following planning and best management practices as specified in the most current edition of Rainwater and Land Development Manual, where applicable:
(1) Timing of sediment trapping practices.
A. Sediment control practices shall be functional throughout all phases of up slope soil disturbing activities.
B. Settling facilities, perimeter controls, and other practices intended to trap sediment shall be implemented as the first step of grading within seven (7) days from the start of grubbing. They shall continue to function until the up slope development area is permanently re-stabilized.
(2) Velocity Dissipation Devices. Velocity dissipation devices shall be placed at discharge locations and along the length of any outfall channel to provide non-erosive velocity from the structure to a water course so that the natural physical and biological characteristics and functions are maintained and protected.
(3) Clearing and Grubbing: Clearing and grubbing will be done in two (2) more phases. The first phase will include only those locations necessary to install the perimeter soil erosion and sediment control, and storm water control practices. After the perimeter controls are in place and functioning, the remaining phase(s) of clearing and grubbing may continue.
(4) Stabilization of Denuded Areas & Soil Stockpile: Permanent or temporary soil stabilization shall be applied as described in the tables below. Permanent vegetation shall not be considered established until ground cover is achieved which, in the opinion of the City of Rocky River Engineer, uniformly covers seventy percent (70%) or more of the soil surface, provides adequate cover, and is mature enough to control soil erosion and to survive adverse weather conditions.
Temporary Stabilization
Area Requiring Temporary Stabilization | Time Frame to Apply Erosion Control |
Any disturbed areas within 50 feet of a Stream and not at final grade | Within two days of the most recent disturbance if the area will remain idle for more than 21 days |
For all construction activities, any disturbed areas that will be dormant for more than 21 days but less that one year, and not within 50 feet of a stream | Within seven days of the most recent disturbance within the area For residential subdivisions, disturbed areas must be stabilized at least seven days prior to the transfer of permit coverage for the individual lot(s) |
Disturbed areas that will be idle over the winter | Prior to the onset of winter weather |
Permanent Stabilization
Area Requiring Permanent Stabilization | Time Frame to Apply Erosion Controls |
Any areas that will lie dormant for one year or more | Within seven days of the most recent disturbance |
Any areas within 50 feet of a stream and at final grade | Within two days of reaching final grade |
Any other areas at final grade | Within seven days of reaching final grade within that area |
(5) Settling Ponds: Storm water runoff flowing at rates that exceed the design capacity of sediment barriers shall pass through a sediment settling pond. When designing sediment settling pond, the following shall apply:
A. The facility's storage capacity shall be designed in accordance with the requirements of the Rainwater and Land Development Manual. The Ohio EPA requires storage capacity of 1,800 cubic feet per acre of drainage (67 cubic yards per acre) with a minimum 48-hour drain time for sediment basis serving a drainage area of over five (5) acres. The volume of the sediment storage zone shall be 1000 cubic feet per disturbed acre within the watershed of the basin.
1. The depth of the dewatering zone of the sediment settling pond must be less than or equal to five (5) feet.
B. Permanent storm water management ponds that are designed to trap sediment during construction shall be designed to provide for a slow release of sediment-laden water.
C. A sediment settling pond is required for any one of the following conditions: concentrated storm water runoff (eg. storm sewer or ditch); runoff from drainage areas which exceed the design capacity of silt fence or other sediment barriers; runoff from drainage areas that exceed the design capacity of inlet protection; runoff from common drainage locations with ten (10) or more acres of disturbed land.
D. Alternate controls can be used if the owner can show in writing that the Ohio EPA approved the use of alternatives that the owner demonstrated to be equivalent in effectiveness to a sediment settling pond.
(6) Sediment Barriers: Sheet and rill runoff from denuded areas shall be directed to a settling pond or treated by a geotextile silt fence or other approved sediment barrier. The total runoff flow treated by a sediment barrier shall not exceed the design capacity of that sediment barrier. (Placing a silt fence in a parallel series does not extend the size of the drainage area.)
(7) Storm Sewer Protection: All storm sewer inlets that receive water runoff from the development area shall be protected so that sediment-laden water will not enter the storm sewer. In areas where construction will be ongoing, such as subdivisions, the storm sewer protection shall be maintained until all up-slope areas reach final stabilization, as determined by the City of Rocky River Engineer. The owner shall be required to hydraulically clean the storm sewers after each of this period to the satisfaction of the City of Rocky River Engineer. Sediment from the soil disturbing activities shall be removed from the system and shall not be flushed downstream. In situations deemed necessary to preserve the public health, safety, and welfare the Public Service Director, or his designee, may order the temporary removal of such storm sewer protection. It shall be restored when so ordered, at no additional expense to the Municipality.
(8) Working Near or Crossing Water Resources:
A. Construction vehicles shall avoid water resources and their setback areas. If construction vehicles must cross a drainage way repeatedly during construction, an approved temporary stream crossing shall be constructed. Construction of bridges, culverts, or sediment control structures shall not place soil, debris, or other particulate material into or close to the water resources in such a manner that it may slough, slip or erode.
B. No soil, rock, debris, or any other material shall be dumped or placed into a water resource or into such proximity that it may readily slough, slip, or erode into a water resource unless such dumping or placing has been authorized by the Community, and where applicable, the U.S. Army Corps of Engineers and the Ohio Environmental Protection Agency, for such purposes as, but not limited to, constructing bridges, culverts, and erosion control measures.
(9) Construction Access Routes.
A. Measures shall be taken to prevent soil transport onto surfaces where runoff is not checked by sediment controls or onto public roads. Gravel construction access drives shall be implemented as required by the Community Engineer and Ohio EPA.
B. Soil shall be removed from paved surfaces and/or public roads at the end of each day or more frequently as needed to insure public safety and prevent a nuisance.
(10) Sloughing and Dumping: Soils prone to slipping, land sliding, or other instability, as determined by the Cuyahoga County Soil Survey, shall not be graded, excavated, filled, or have loads imposed upon them, unless the work is done in accordance with a qualified professional engineer's recommendation to correct, eliminate, or adequately address the problems caused by the soil characteristics.
(11) Cut and Fill Slopes: Cut and fill slopes shall be designed and constructed in a manner that will minimize erosion and slippage. Consideration shall be given to the length and steepness of the slope, soil type, up slope drainage area, groundwater conditions, and slope stabilization.
(12) Stabilization of Outfalls and Channels: Outfalls and constructed or modified channels shall be designed and constructed to withstand the expected velocity of flow from a post-development, ten-year (minimum) frequency storm without eroding.
(13) Disposition of Temporary Practices: All temporary erosion and sediment controls practices shall be disposed of immediately after final site stabilization is achieved or after the temporary practices are no longer needed, unless otherwise required by the Community Engineer. Trapped sediment shall be permanently stabilized to prevent further erosion.
(14) Control of Non-Sediment Pollution: Site Management practices shall be implemented to prevent toxic materials, hazardous materials, or other debris from entering the City of Rocky River's water resources. These practices shall include but are not limited to the following:
A. A covered Dumpster shall be made available for the proper disposal of construction site waste materials, garbage, plaster, drywall, grout, or gypsum.
B. The washing of concrete material into a street, catch basin, or other public facility or natural resource shall not occur. A designated area for concrete washout shall be made available.
C. All fuel tanks and drums shall be stored in a marked storage area. A functional dike, or other approved containment, shall be constructed around this storage area with a minimum capacity equal to 110% of the volume of the largest container in the storage area and any additional requirements stipulated by the local Fire Authority.
D. Any toxic or hazardous waste shall be disposed of properly.
E. Contaminated soils from redevelopment sites shall be disposed of properly. Runoffs from contaminated sites shall not be discharged from the site. Proper permits shall be obtained for development projects on solid waste landfill sites.
(15) Pre-Winter Stabilization Planning: If the development area is, or is planned, to remain active through the winter months, a Pre-Winter Stabilization Meeting shall be held by the owner, and the developer, engineer, and contractor of the project with the Community prior to October 1, in order to plan and approve winter erosion and sediment control as defined in the most current edition of Rainwater and Land Development Manual.
(16) Maintenance: All temporary and permanent erosion and sediment control practices shall be:
A. Designed and constructed to minimize maintenance requirements. They shall be maintained and repaired as needed to assure continued performance of their intended function. The person or entity responsible for the continued physical and financial maintenance of permanent erosion control measures shall be identified to the satisfaction of the City of Rocky River.
B. Inspected by the owner or person responsible for the development area once every seven (7) days and within twenty-four (24) hours of a 0.5" or greater rainfall event. A written log of these inspections and any subsequent improvements to controls shall be kept by the Owner or the Owner' designated representative. The inspections shall include the date of the inspection, the name of the inspector, weather conditions, the actions taken to correct problems, and the date actions were taken.
(17) Underground Utility Construction: Backfilled trenches for underground utility lines and pipes shall be temporarily stabilized within seven (7) days if they are to remain inactive for thirty (30) days. Trench de-watering devices shall discharge in a manner that filters soil-laden water before discharging it to a receiving drainage.
(18) Inspections:
A. If inspections or other information indicates a control has been used inappropriately or incorrectly or it has failed, it must be replaced or modified for the site conditions.
B. The owner of the development area shall have the site inspected for soil erosion, sediment control and other environmental concerns every seven (7) calendar days, and within twenty-four (24) hours of a 0.5 inch or greater rainfall event until the Building Commissioner or the Commissioner's designee certifies the site as being stable. The Building Commissioner's (or desginee's) certification does not relieve the permittee from meeting the Ohio EPA NPDES inspection requirements.
C. The owner, or his designated representative, shall keep a written log of each inspection and any subsequent improvements to the soil erosion, sediment control or other environmental controls. The inspections shall include the date of the inspection, the name of the inspector, weather conditions, and the actions needed to correct the identified problems.
D. The inspection log will include the date and actions taken to correct problems noted in past inspection logs. Inspections logs shall be maintained by the owner and made available to the City of Rocky River upon request.
E. If the construction site is subject to Ohio EPA's National Pollutant Discharge Elimination System (NPDES) permit for construction activity, a copy of all of the required inspection sheets will be submitted to the Building Commissioner (or designee) within three (3) working days of the date that the inspection was conducted.
F. Disturbed areas and areas used for storage of materials that are exposed to precipitation shall be inspected for evidence of, or the potential for, pollutants entering the drainage system.
G. Erosion and sediment controls identified in the Storm Water Pollution Prevention Plan shall be observed to ensure that they are operating correctly.
H. Discharge locations shall be inspected to ascertain whether erosion and sediment control measures are effective in preventing significant impacts to the receiving waters.
I. Locations where vehicles enter or exit the site shall be inspected for evidence of off-site vehicle tracking.
J. If the inspection reveals that a control practice is in need of repair or maintenance, with the exception of sediment settling ponds, it must be repaired or maintained within three (3) days of the inspection. Sediment settling ponds must be repaired or maintained within ten (10) days of the inspection.
K. If any inspection reveals that a control practice fails to perform its intended function and that another, more appropriate control practice is required, the Construction Site Conservation Plan must be amended and the new control practice must be installed within 10 days of the inspection.
L. If the inspection reveals that a control practice has not been implemented in the time required by this ordinance it must be installed within ten (10) days from the date of inspection.
M. If the inspection reveals that a planned control practice is not needed, the record must contain a statement of explanation as to why the control practice is not needed.
N. The inspection frequency may be reduced to at least once every month if the entire site is temporarily stabilized or runoff is unlikely due to weather conditions (eg. the site is covered with snow, ice or the ground is frozen). The Building Commissioner may waive inspections where frozen conditions are anticipated for extended periods of time or work has been suspended. This waiver of inspection will be available until one month before thawing conditions are expected to result in a discharge.
O. For inspections, the inspector must make a checklist including the following:
1. Signature of the qualified inspection personnel;
2. Inspection date;
3. Weather information including description since last inspection and including description and locations of discharges occurring at the time of inspection;
4. Locations of BMPs that need to be maintained and if any failed to operate as designed or ones that are inadequate;
5. Locations where additional BMPs are required;
6. Corrective action required including changes to the Storm Water Management Plan.
(18) Construction Entrance:
A. Measures shall be taken to prevent soil transport onto public roads, or surfaces where runoff is not checked by sediment controls.
B. Stone with geotextile construction entrance(s) shall be implemented as required by the Building Commissioner and the Ohio EPA. These will be planned and installed according to the requirements in the most recent edition of the Ohio Rainwater and Land Development manual.
C. Where soil is transported onto a public road surface, the roads shall be cleaned thoroughly at the end of each day, or more frequently, in order to ensure public safety. Soil shall be removed from paved surfaces by shoveling or sweeping. Street washing shall be allowed only after shoveling or sweeping has removed most of the sediment and street sewer inlet protection is properly installed unless end of sewer sediment ponds exist and are properly functioning.
D. Erodible material ramps in streets will not be used to enable equipment to cross curbs. Non-erosive materials (e.g. wood and stone) can be used.
(Ord. 70-12. Passed 11-13-12.)