(a) The SWP3 must contain a description and location of all appropriate BMPs for each construction operation. Prior to the start of grading and within seven days from the start of grubbing, the applicant must implement such controls. The SWP3 must clearly describe the appropriate control measures for each major construction activity, the general sequence during the construction process under which the measures will be implemented, and the person(s) responsible for implementation. The time frame for SWP3 implementation shall be consistent with the current Ohio EPA NPDES construction stormwater general permit.
(1) No project subject to this regulation shall commence without an SWP3 or Abbreviated SWP3 approved by the Summit SWCD.
(2) No project subject to this regulation shall commence without a pre-construction meeting being held with the Summit SWCD. It will be the applicant’s responsibility to contact the SWCD.
(b) The SWP3 shall identify the subcontractors engaged in activities that could impact stormwater runoff. The SWP3 shall contain signatures from all identified subcontractors indicating that they have been informed and understand their roles and responsibilities in complying with the SWP3. Ohio EPA recommends that the primary site operator review the SWP3 with the primary contractor prior to commencement of construction activities and keep an SWP3 training log to demonstrate that this review has occurred.
(c) All projects, regardless of the area of disturbance, must utilize BMPs to minimize erosion and off-site sedimentation. The controls shall include the following minimum components: The controls shall include the following minimum components:
(1) During active construction.
A. Non-Structural Preservation Measures. The applicant must use practices that preserve the existing natural condition to the maximum extent practicable. Such practices may include preserving riparian areas, preserving existing vegetation and vegetative buffer strips, phasing of construction operations to minimize the amount of disturbed land at any one time, and designation of tree preservation areas or other protective clearing or grubbing practices.
1. Stream protection. The requirements of the Village of Silver Lake Riparian Setback Ordinance shall be followed.
2. Wetland Protection. The setback requirements of the Village of Silver Lake Subdivision Regulations shall be followed in addition to state and federal regulations.
B. Erosion Control Practices. The applicant must use erosion controls capable of providing cover over disturbed soils as described in the current Ohio EPA construction stormwater general permit. A description of control practices designed to restabilize disturbed areas after grading or construction shall be included in the SWP3. The SWP3 must provide specifications for stabilizing all disturbed areas of the site and providing guidance as to which stabilization method will be employed for any time of the year. Such practices may include temporary seeding, permanent seeding, mulching, matting, sod stabilization, vegetative buffer strips, phasing of construction operations, the use of construction entrances, and the use of alternative ground cover.
C. Runoff Control Practices. The applicant must use measures that control the flow of runoff from disturbed areas to prevent erosion. Such practices may include rock check dams, pipe slope drains, diversions to direct flow away from exposed soils, and protective grading practices. These practices shall divert runoff away from disturbed areas and steep slopes where practicable.
D. Sediment Control Practices. The applicant must install structural practices that shall store runoff, allowing sediments to settle and/or divert flows away from exposed soils or otherwise limit runoff from exposed areas. Structural practices shall be used to control erosion and trap sediment from a site remaining disturbed for more than fourteen (14) days. Such practices may include, among others, sediment settling ponds, silt fences, storm drain inlet protection, and earth diversion dikes or channels that direct runoff to a sediment settling pond. All sediment control practices must be capable of ponding or filtering runoff to be considered functional. Earth diversion dikes or channels alone are not considered a sediment control practice unless used in conjunction with a sediment settling pond. The SWP3 shall contain detailed drawings for all structural practices.
E. Non-Sediment Pollutant Controls. No solid or liquid waste, including building materials and concrete wash-out water, shall be discharged in stormwater runoff. The applicant must implement site best management practices to prevent toxic materials, hazardous materials, or other debris from entering water resources or wetlands.
F. Off-site Vehicle Tracking. Off-site vehicle tracking of sediments and dust generation shall be minimized. The SWP3 shall include methods to minimize the discharge of pollutants from equipment and vehicle washing, wheel washwater, and other washwaters. No detergents may be used to wash vehicles. Washwaters shall be treated in a sediment basin or alternative control that provides equivalent treatment prior to discharge
G. Compliance with Other Requirements. The SWP3 shall be consistent with applicable state and/or local waste disposal, sanitary sewer, or septic system regulations, including provisions prohibiting waste disposal by open burning, and shall provide for the proper disposal of contaminated soils located within the development area.
H. Trench and Groundwater Control. There shall be no sediment-laden or turbid discharges to water resources or wetlands resulting from dewatering activities. If trench or groundwater contains sediment, it must pass through a sediment-settling pond or other equally effective sediment control device prior to being discharged from the construction site. Alternatively, sediment may be removed by settling in place or dewatering into a sump pit, filter bag, or comparable practice. Groundwater dewatering, which does not contain sediment or other pollutants, is not required to be treated prior to discharge. However, care must be taken when discharging groundwater to prevent it from becoming pollutant-laden by traversing over disturbed soils or other pollutant sources.
I. Internal Inspections. The project engineer shall conduct an initial inspection of all erosion and sediment control practices to certify that the installations comply with the approved SWP3 per Village of Silver Lake Subdivision Regulations. The applicant shall assign qualified inspection personnel to conduct these inspections to ensure that the control practices are functional and to evaluate whether the SWP3 is adequate, or whether additional control measures are required. Qualified inspection personnel are individuals with knowledge and experience in installing and maintaining sediment and erosion controls. Internal inspections and documentation of corrective actions taken must be made available upon request. At a minimum, all controls on the site shall be inspected by the applicant’s agent:
1. After any storm event greater than one-half (½) inch of rain per twenty-four (24)-hour period by the end of the next calendar day, excluding weekends and holidays unless work is scheduled, and
2. At least once every seven (7) calendar days.
Following each inspection, a checklist must be completed and signed by the qualified inspection personnel representative. At a minimum, the inspection report shall include all items referenced in the current Ohio EPA NPDES construction stormwater general permit.
J. Maintenance. The SWP3 shall be designed to minimize maintenance requirements. All temporary and permanent control practices shall be maintained and repaired as needed to ensure continued performance of their intended function until final stabilization. All sediment control practices must be maintained in a functional condition until all up-slope areas they control are permanently stabilized. The applicant shall provide a description of maintenance procedures needed to ensure the continued performance of control practices and shall ensure a responsible party and adequate funding to conduct this maintenance, all as determined by the Summit SWCD.
When inspections reveal the need for repair, replacement, or installation of erosion and sediment control BMPs, the following procedures shall be followed:
1. When practices require repair or maintenance. If an inspection reveals that a control practice needs repair or maintenance, except a sediment-settling pond, 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.
2. When practices fail to provide their intended function. If an inspection reveals that a control practice fails to perform its intended function as detailed in the SWP3 and that another, more appropriate control practice is required, the SWP3 must be amended, and the new control practice must be installed within ten (10) days of the inspection.
3. When practices depicted on the SWP3 are not installed. If an inspection reveals that a control practice has not been implemented in accordance with the schedule, the control practice must be implemented within ten (10) days from the date of the inspection. If the internal inspection reveals that the planned control practice is not needed, the record must contain a statement of explanation as to why the control practice is not needed
K. Final Stabilization. All soil-disturbing activities are complete, and a uniform perennial vegetative cover with a density of at least seventy percent (70%) coverage for the area has been established on all unpaved areas and areas not covered by permanent structures. In addition, all temporary erosion and sediment control practices are removed and disposed of acceptably, and all trapped sediment is permanently stabilized to prevent further erosion.
(2) Post-Construction Stormwater Management Practices.
A. Non-Structural Post-Construction Water Quality Practices: Non-structural post-construction BMPs include preservation, planning, or procedures that direct development away from water resources or limit the creation of impervious surfaces. Practices such as conservation easements, riparian and wetland setbacks, and conservation subdivision design are non-structural controls.
1. All non-structural water quality practices must be protected from disturbance through the project’s construction phase.
2. All non-structural water quality practices must be protected in perpetuity by using appropriate legal tools. All easement or conservation areas must appear on the final plat and be disclosed to potential buyers.
B. Structural Post Construction Water Quality Practices: Structural post-construction BMPs are permanent features constructed to treat stormwater runoff through storage, filtration, or infiltration.
1. All structural post-construction BMPs must be established prior to project completion. Structural post-construction water quality practices should be made functional once the disturbed areas onsite are stabilized. If detention/retention facilities were used for sediment control during development, sediments must be removed before the basin is used for post-construction stormwater quality.
2. The post-construction water quality practice must be maintained in perpetuity by those parties identified in the SWP3 or the Storm Water Management Maintenance Agreement.
(Ord. 15-2022. Passed 2-7-22.)