(a) Any person performing construction work in the watershed of the Town of Star City shall comply with the provisions of this Article and shall provide an Erosion and Sediment Control Plan as part of the Grading Permit that effectively prevents discharges of pollutants to a storm drain system.
The Grading Ordinance Part Nine, Chapter One Article 901 requires a permit for any grading and/or filling on an area more than 150 square feet. The permit requires a plat of the area to be graded and/or filled with ownership information, an Erosion and Sediment Control Plan and evidence that the site is out of the 100-year Flood plain. Note: Anyone in violation of the Grading Ordinance shall be fined up to $100.00 or imprisoned not more than thirty days or both.
(1) Erosion and Sediment Control Plan
(A) Construction Sites over 1,000 square feet must make application for a Stormwater Permit which shall include an Erosion and Sediment Control Plan see Section 934.20, Sites under 1,000 square feet shall provide the following:
(i) Project name, Name of Owner/Applicant, address of owner or company, phone number, address and tax parcel information on site, Name of operator performing work, address and phone numbers.
(ii) A plat or boundary line survey of the entire site on which construction shall be done showing the area to be disturbed and any storm water inlets or ditches to which they may discharged into.
(iii) Location and description of existing and proposed features of importance to the project.
(iv) Proposed start and Completion dates.
(v) A narrative description of Storm water Controls to be used, soil stabilization, re-vegetation measures and Pollution Prevention Measures.
(vi) Provide documentation of other required state permits WVDOT, NPDES etc.
(vii) 303d/TMDL information shall be submitted with the application showing the relationship of the construction project to 303d/TMDL waters.
(B) The Plan must incorporate the design, installation and maintenance of effective erosion controls and sediment controls to minimize the discharge of pollutants at a minimum, such controls must be designed, installed and maintained to:
(i) Control storm water volume and velocity within the site to minimize soil erosion.
(ii) Control stormwater discharges, including both peak flow rates and total stormwater volume, to minimize erosion at outlets, on stream banks and within the downstream channel.
(iii) Minimize the amount of soil exposed during construction activity;
(iv) Minimize the disturbance of steep slopes;
(v) Minimize sediment discharges from the site taking in to consideration as the mount, frequency, intensity and duration of precipitation, the nature of the resulting stormwater runoff, and soil characteristics, including the range of soil particle sizes expected to be present on site.
(vi) Provide and maintain natural buffers around surface waters, direct stormwater to vegetated areas to increase sediment removal and maximize stormwater infiltration, unless infeasible: and
(vii) Minimize soil compaction and, unless infeasible preserve topsoil.
(viii) Soil Stabilization of disturbed areas must as a minimum be started immediately or within a maximum of 7 days whenever any clearing, excavating or other earth disturbing activities have permanently ceased on any portion of the site, or temporary ceased on any portion of the site and will not resume for a period exceeding 14 calendar days when that area must be seeded and mulched within 7 days.
(ix) Dewatering discharge activities, including discharges from dewatering of trenches and excavations are prohibited unless managed by appropriate controls.
(C) Pollution Prevention Measures shall be designed, installed and maintained to minimize the discharge of pollutants. At a minimum such measures shall include;
(i) Minimize the discharge of pollutants from equipment and vehicle washing, wheel wash water and other wash water. Wash water must be treated in a sediment barrier or alternate control that provides equivalent or better treatment prior to discharge.
(ii) Minimize the exposure of building materials, building products, construction wastes, trash, landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary wastes and other materials on the site to precipitation and to stormwater runoff. Waste disposal shall be documented and kept in a designated protected area.
(iii) Minimize the discharge of pollutants from spills and leaks and implement chemical spill and leak prevention and response procedures.
(D) Prohibited Discharges:
(i) Concrete washout unless managed by an appropriate control
(ii) Washout of stucco, paint, oils, curing compounds, & other construction materials Fuels, oils or other pollutants used in vehicles & equipment
(iii) Soaps or solvents used in vehicles and equipment washing.
(b) Application Review.
(1) All applications for a grading permit must be submitted at least 30 days before the start of the project to give the Town time to review the application. Operators of the construction activity are prohibited from commencing construction activity until they receive receipt of written approval of the plans and the pre-construction inspection has taken place. It the plan is revised the revisions must have written approval before construction can start. The review shall prioritize projects that drain to 303d/TMDL waters.
(A) The Town shall assess the application for compliance under the Town's Ordinances and permits related to stormwater runoff, including the implementation and maintenance of designated minimum control measures.
(B) Assess the appropriateness of planned control measures and their effectiveness
(C) Provide education and outreach on stormwater pollution prevention, as needed, to the developer and contractor on each project.
(D) Check for other permits required by this type of construction, NOI, WVDOT
(c) Construction Site inspections and Enforcement
(1) The Town shall provide written or electronic inspection reports generated from findings in the field. Copies on said reports shall be kept in a file at Town Hall. Based on site inspection findings the Town shall take all necessary follow up actions to ensure compliance in accordance with this Ordinance.
(A) Prior to the issue of the grading or Stormwater permit the site must be inspected to ensure all the necessary erosion and sediment controls outlined in the plan are in place and functional. After the site has been inspected and approved the permit will be issued in writing a copy of which must be maintained on site at all times.
(B) Inspections during construction shall be done with 48 hours of a significant rainfall and no less than bi-weekly for sites 1 acre or more. Sites under an acre shall be inspected as needed.
(C) Following active construction the site shall be inspected to ensure that all graded areas have reached final stabilization and that all temporary control measures have been removed.
(d) Enforcement. The Building Inspector, the Director of Public Works, the Mayor and/or the Town's Engineer can issue site violations for non-compliance with this ordinance and shut the site down until the needed repairs are made. Upon re-inspection and approval of remediation the Town will issue a written approval for construction to resume. A minor violation is one that is resolved in under 24-hours and does not occur again. Any violation that is not resolved within 24 hours or continues to violate the Ordinance will result in a total shut down of work on the site and work will not resume till the problem is fixed and the Town removes the shutdown order. (Passed 10-11-16.)