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§ 35.0120   Construction Activity Requirements.
   (a)   Any discharger associated with construction activity subject to any NPDES permit issued by the United States Environmental Protection Agency, the SWRCB, or RWQCB, shall comply with all requirements of such permit. Upon demand by County Director, such discharger shall provide County proof of coverage under such permit. Proof of coverage under such permit may also be required prior to issuance of any County permit, including, but not limited to, grading, building, or occupancy permits. Proof of coverage shall be in a form acceptable to the County Director.
   (b)   Any person engaged in construction activity requiring coverage under a NPDES general permit shall retain at the construction site the following documents:
      (1)   A copy of the NOI to comply with the requirements of the NPDES general permit for storm water discharges associated with construction activity;
      (2)   A waste discharge identification number issued by the SWRCB; and
      (3)   A storm water pollution prevention plan for the construction activity requiring a construction NPDES permit.
   (c)   Prior to the issuance of any building or grading permit for the construction of a new development or redevelopment, including those projects for which coverage under the NPDES general permit is not required, the applicant shall evaluate the proposed project to determine its potential to generate an illicit discharge into the Storm Drain System during construction and provide said evaluation to County. The County reserves the right to require conditions be placed upon the issuance of the building or grading permit to minimize the risk of discharge of pollutants into the Storm Drain System. These conditions may include, but are not limited to:
      (1)   Runoff containing sediment, construction waste and other pollutants from construction activity and equipment parking areas shall be reduced to the MEP;
      (2)   Any sediment or other materials tracked off the site by vehicles and equipment shall be removed the same day as they are tracked off site.
      (3)   For painting removal, paint preparation, or sandblasting activities that will result in paint particles entering the air or landing on the ground, BMPs shall be implemented to prevent or minimize to the MEP such particle releases to the environment;
      (4)   Excavated soils shall be located on the site in a manner that minimizes the amount of soil transported into the public right-of-way and/or onto adjoining properties. Soil stockpile BMPs shall be implemented to prevent or minimize to the MEP soil releases to the environment;
      (5)   Drainage controls and BMPs shall be utilized as needed to prevent non-storm water discharges from the site. Depending on the extent of proposed grading and topography of the site, the following features may be required:
         (I)   Detention ponds, sediment ponds, infiltration pits;
         (II)   Dikes, filter berms, ditches; or
         (III)   Downdrains, chutes or flumes.
   (d)   The County may, as a condition of granting a building or grading permit, set forth reasonable limits on the clearing of vegetation from construction sites, including, but not limited to, regulating the length of time during construction activities that grubbed and/or graded areas may be bare and/or unprotected.
   (e)   No person shall wash construction equipment or vehicles that results in a prohibited discharge to the Storm Drain System or County right-of-way under County Code § 35.0110. No person shall allow non-storm water from a construction site to runoff into the County’s Storm Drain System or right-of-way.
(Ord. 3105, passed - -1986; Readopted by Ord. 3587, passed - -1994; Am. Ord. 4176, passed - -2012)