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Any emergency action immediately necessary tor the protection of life, health, or property is exempt from obtaining a Construction Site Runoff Control Permit. An emergency that warrants emergency action is a sudden, unforeseeable and unexpected occurrence involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of or damage to, life, health, or property. Any Land-disturbing Activities performed after the clear and imminent danger has been alleviated shall not constitute an emergency, and must be performed in compliance with Sections 146-146.11 of this Article.
(a) Any person performing Land-disturbing Activities shall implement and maintain BMPs to minimize surface Runoff Erosion, and sedimentation.
(b) Whenever the General Manager determines that any Land-disturbing Activity has become a hazard to life and limb, or endangers the property of another, or adversely affects the safety, use, slope, or soil stability of a public right-of way, publicly controlled wetland, or Sewerage System, the Owner of the property upon which the Land-disturbing Activity is located, or other person or agent in control of said property, upon receipt of notice from the General Manager, shall within the period specified therein repair or eliminate such conditions.
(a) A Land-disturbing Activity shall be considered in violation of Sections 146-146.11 of Article 4.2
if eroded sediment has been deposited onto adjacent properties, a public right-of-way, a publicly controlled wetland, or the Sewerage System.
(b) The design, testing, installation, and maintenance of erosion and sediment control operations and facilities shall adhere to the standards and specifications contained in the Construction Site Runoff Regulations.
(a) Any person proposing to undertake Land-disturbing Activities shall apply for a Construction Site Runoff Control Permit prior to commencing a Construction Project. Commencing Land-disturbing Activities or a Construction Project prior to issuance of the Construction Site Runoff Control Permit, or performing such activities in excess of or inconsistent with Construction Site Runoff Control Permit requirements is a violation of Sections 146-146.11 of Article 4.2
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(b) Unless and until a Construction Site Runoff Control Permit has been issued by the General Manager, no City department shall approve or issue:
(1) a site or building permit;
(2) a demolition permit;
(3) a permit to grade, quarry, fill, or excavate;
(4) a public right of way encroachment permit.
(c) Permittees shall comply with all permit conditions authorized by the General Manager, including, but not limited to:
(1) The granting (or securing from others) and the recording in City land records of easements for drainage facilities, including the acceptance of their discharge on the property of others, and for the maintenance of slopes or erosion controls,
(2) Adequate control of dust by watering, or other control methods acceptable to the General Manager, and in conformance with applicable air pollution laws and regulations,
(3) Improvements of any existing grading, ground surface, or drainage condition on the site (not to exceed the area as proposed for work or development in the application) to meet the standards required under this Article for new grading, drainage and erosion control,
(4) Payment of charges to defray increased costs to the City created by the Land-disturbing Activity, and
(5) Any other conditions and terms deemed necessary by the General Manager to achieve the objectives of Sections 146-146.11 of Article 4.2
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(d) Reimbursement. Each Permittee shall reimburse the City, in addition to any applicable sewer service fees, for the inspection and monitoring, administration, incidental expenses, and payment of penalties imposed on the City by enforcement agencies caused by any violation of the Construction Site Runoff Control Permit.
(a) Persons commencing Construction Projects after January 1, 2014, must obtain a Construction Site Runoff Control Permit prior to the commencement of Land-disturbing Activities.
(b) A written application, in a format provided by the General Manager, from the Applicant shall be submitted to the General Manager for each Construction Site Runoff Control Permit.
(c) An application for a Construction Site Runoff Control Permit shall include an Erosion and Sediment Control Plan for each Construction Project that conforms to the format and criteria provided by the General Manager.
(d) The General Manager may grant or deny the Construction Site Runoff Control Permit, or require further information or analysis pertinent to compliance with this Article.
(e) The Permittee shall maintain a copy of the Construction Site Runoff Control Permit and approved plans and reports required under the permit on the work site and available for public inspection during all working hours.
(a) The Erosion and Sediment Control Plan shall include a vicinity map showing the location of the site in relationship to the surrounding area's water courses, water bodies, and other significant geographic features; a site survey; suitable contours for the existing and proposed topography, area drainage, proposed construction and sequencing, proposed drainage channels; proposed erosion and sediment controls; dewatering controls where applicable; soil stabilization measures where applicable; maintenance controls; sampling, monitoring, and reporting schedules; and any other information deemed necessary by the General Manager.
(b) Any Person performing Land-disturbing Activities at sites greater than or equal to one acre within a separate sewer system area may submit to the General Manager the Storm Water Pollution Prevention Plan (SWPPP) used to comply with the State of California's General Permit for Discharges of Storm Water Associated with Construction Activity in lieu of an Erosion and Sediment Control Plan.
(a) Daily Maintenance. The Permittee shall daily inspect, maintain, and repair all graded surfaces and erosion and sediment controls, drainage structures, and other protective devices, plantings, and ground cover installed while construction is active.
(b) Reporting. Every person who operates any erosion and sediment control or controls must provide inspection and maintenance information as set forth in the Construction Site Runoff Control Permit, and certify under penalty of perjury that such information is accurate and true.
(c) Inspections. Permittees shall permit the General Manager to perform inspections as may be deemed necessary in the General Manager's sole discretion to carry out the intent of this Article.
(d) Milestone Notification. The Permittee shall notify the General Manager at least two working days before the following milestones occur:
(1) Start of construction.
(2) Erosion and sediment control measures are completely installed and stabilized.
(3) Final grading has been completed.
(4) Project completion.
(e) Authority to Sample and Establish Sampling Devices. Permittees shall provide devices or locations necessary to conduct sampling or metering operations, if requested by the General Manager.
(f) Requirement to Test or Monitor. Permittees shall undertake such monitoring activities or analysis and furnish such reports as the General Manager may specify, if requested by the General Manager.
(g) Notification of Spills. All Persons responsible for implementing BMPs shall provide immediate notification to the General Manager of any suspected, confirmed or unconfirmed release of Pollutants that creates a risk of non-stormwater discharge into any of the City's sewer systems. Such persons shall take all necessary steps to ensure the detection and containment and cleanup of such release.
(h) Public Right-of-Ways. The Permittee shall be responsible for the prompt removal of, and the correction of damage resulting from any soil, miscellaneous debris or other materials washed, spilled, tracked dumped or otherwise deposited on public streets, highways, sidewalks or other public thoroughfare, incident to the construction activity, or during transit to and from the construction site.
Persons violating any provision of the Construction Site Runoff Control Permit or Sections 146-146.11 of this Article or applicable laws or regulations are subject to enforcement by the General Manager pursuant to Section 132 of Article 4.1 of this Code. Persons violating Sections 146-146.11 of Article 4.2
or applicable laws or regulations are subject to penalties and abatement in accordance with Sections 133 and 134 of Article 4.1 of this Code, and any other remedies allowed by law.
For construction projects in areas of the City under the jurisdiction of the Port Commission, the Port’s Executive Director or his or her designee shall have enforcement authority identical to the enforcement authority referenced in the two preceding sentences.
If any section, subsection, subdivision, paragraph, sentence, clause, or phrase is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Article. The Board of Supervisors declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases could be declared unconstitutional, invalid or ineffective.
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