(a) Notification shall be made to the Division of Environmental Services three days prior to commencement of construction activities.
(b) Each construction site and each industrial facility shall provide safeguards against the accidental discharge to the municipal storm sewers system of stored materials that, when released directly or indirectly to the municipal storm sewer system, constitute a nuisance.
(c) The applicant, as indicated on the construction general permit, is responsible for correcting all BMP's, and maintaining compliance with the Storm Water Pollution Prevention Plan.
(d) Storm Water Pollution Prevention Plans. Sites greater than one acre requiring a construction general permit from the State of Ohio, must have and update a Storm Water Pollution Prevention Plan (SWPPP or SWP3) as conditions on the site change.
(1) The applicant shall submit at the time indicated below, two (2) sets of the SWP3 and the applicable fees to the City of Toledo for the following soil disturbing activities:
(i) For subdivisions: After the approval of the preliminary plans and with submittal of the improvement plans.
(ii) For other construction projects: With submittal of site improvement plans.
(iii) For general clearing projects: Approval prior to commencement of any clearing activities.
(2) The City of Toledo shall review the plans submitted under 941.12 (d)(1) for conformance with this regulation and approve, or return for revisions with comments and recommendations for revisions, if any.
(3) Soil disturbing activities shall not begin and building permits will not be issued without an approved SWP3.
(4) Approvals issued in accordance with this regulation shall remain valid for 18 months from the date of approval or until such time as the construction is completed. If construction is not initiated within 18 months, a new approval will be required before earth-disturbing activities may occur.
(5) Approvals issued in accordance with this regulation do not relieve the applicant of responsibility for obtaining all other necessary or applicable permits or approvals from the City, Ohio EPA, the US Army Corps of Engineers, and other federal, state, and/or county agencies. If requirements vary, the most restrictive requirement shall prevail. These permits may include, but are not limited to, those listed below. All submittals are required to show proof of compliance with these state and federal regulations, which shall be submitted with Storm Water Pollution Prevention Plans.
(e) Best Management Practices. Any construction contractor performing work within the City of Toledo, which may cause or contribute to storm water pollution, contamination, illicit discharges, and/or discharge of non-storm water to the municipal storm sewer system shall employ Best Management Practices (BMP's) in accordance with the City of Toledo NPDES permit requirements.
(f) Storm water controls include, but are not limited to, erosion and sediment controls, concrete truck washout, chemicals, litter, and sanitary water and all other materials, which may cause adverse impacts to water quality.
(g) Construction sites shall maintain BMP's in accordance with their SWPPP, and shall also make any additional changes to BMP's if such BMP's are determined to be inadequate or ineffective. Failure to maintain BMP's is a violation of this chapter.
(h) In addition to random checks by personnel, all controls on the site shall be self-inspected at least once every seven calendar days and within 24 hours after any storm event greater than one- half inch of rain per 24 hour period. 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 the installation and maintenance of sediment and erosion controls. These inspections shall meet the following requirements:
(1) The SWP3 shall describe how the internal inspector and the party responsible for SWP3 implementation will communicate.
(2) 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.
(3) Erosion and sediment control measures identified in the SWP3 shall be observed to ensure that they are operating correctly. The applicant shall utilize an inspection form provided by or acceptable to the City.
(4) Discharge locations shall be inspected to determine whether erosion and sediment control measures are effective in preventing significant impacts to the receiving water resource or wetlands.
(5) Locations where vehicles enter or exit the site shall be inspected for evidence of off-site vehicle tracking.
(6) The applicant shall maintain for three (3) years following final stabilization the results of these inspections, the names and qualifications of personnel making the inspections, the dates of inspections, major observations relating to the implementation of the SWP3, documentation by the inspector as to whether the facility is in compliance with the SWP3, and information on any incidents of non-compliance determined by these inspections.
(i) When inspections reveal the need for repair, replacement, or installation of erosion and sediment control BMPs, the following procedures shall be followed:
(1) If an internal inspection reveals that a control practice is in need of repair or maintenance, with the exception of 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) If an internal 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) If an internal 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.
(j) Final stabilization shall be determined by the City of Toledo, Division of Engineering Services.
(Ord. 607-07. Passed 10-2-07.)