(a) Performance Liability. No provision of this chapter shall limit, increase, or otherwise affect the liabilities of the applicant nor impose any liability upon the City not otherwise imposed by law.
(b) No Release from Other Requirements. No provision of this chapter shall release the applicant from any responsibility or requirements under other federal, state, or local environmental regulations. If requirements vary, the most restrictive requirements shall prevail.
(c) Proceeding with Activity. Soil disturbing activities regulated under this chapter shall not begin until all necessary state and federal permits and appropriate approvals of Site Development Plans or Storm Water Management Plans have been granted to the site owner/applicant.
(d) Performance Responsibility. The applicant is responsible for carrying out all provisions of the approved Site Development Plan or SWM plan and for meeting all the standards and requirements of this regulation.
(e) Enforcement.
(1) All development sites are subject to inspections by the City authorized agent(s) under the direction of a qualified individual to ensure compliance with the approved Site Development Plan or SWM plan.
(2) The status report prepared for the City and approved by the City Engineer shall be distributed to the permittee; the contractor, if applicable; and the professional engineer of record.
(3) If it is found that the operations are being conducted in violation of the approved Site Development Plan and SWM plan, a stop-work order may be issued by the City until the identified violations cease.
(4) After the issuance of a stop-work order provided for in division (e)(3) above, but before the imposition of any fines, the applicant shall have two business days to request a meeting with the Law Director and the City Engineer to show cause why work should not be stopped. The Law Director and the City Engineer shall meet with the applicant within two business days after a request for a meeting to establish the terms under which work may continue.
(5) Following the issuance of a stop-work order, the City shall determine if, and when, the development may proceed. Any determination by the City pursuant to this section is a final order for purpose of judicial review.
(f) Violations.
(1) The City shall notify the storm water permittee of any violations observed in writing. Said notice shall indicate the exact nature of the violations and other specific corrections which are required.
(2) The permittee shall comply with the timeline for correction in the table listed below. Timeline extension for adverse weather conditions may be granted upon approval of the City Engineer.
(3) Violations.
Schedule 1082.08(f)(3): Timeline for Corrective Action
Nature of Violation | Number of Days from Inspection to Correct Functioning of Control Practice |
Silt fence | Within 3 days |
Outlet control structure | Within 3 days |
Temporary or permanent stabilization within 50 feet of drainage channels | Within 3 days |
Temporary or permanent stabilization for all other disturbed areas | Within 3 days |
Stabilized construction entrance | Within 3 days |
Pumping sediment laden discharge into drainage channel | Immediately upon notice |
Sediment settling pond | Within 10 days |
Any other control practice not addressed in this table. | Within 3 days. |
(g) Penalties Subsequent to Issuance of Stop-Work Order. Subsequent to the issuance of a stop-work order, one or more of the following penalties may be imposed.
(1) If the earth-disturbing activity involves a subdivision, the applicable penalties (including fines) provided for in the Subdivision Regulations of the City shall apply. Applicable penalties as described in division (o) of this section.
(2) The authorized agent(s) on behalf of the City may enter the site and make any modifications necessary to correct the situation(s) involving excessive erosion or sedimentation and place the cost of such corrective actions on the tax duplicate of the developer/owner.
(3) The authorized agent(s) may request the legal representative of the City to seek an injunction or other appropriate relief to abate excessive erosion or sedimentation and secure compliance with this chapter. In granting such relief the court may order the construction of sediment control improvements and/or the implementation of other control measures and/or fines as identified in division (n)(1) of this section or any other relief the court determines.
(h) Internal Inspections.
(1) The permittee/site operator shall provide for inspection of all controls on the site at least once every seven calendar days and within twenty-four hours after any rainfall greater than one-half inch of rain per twenty- four-hour period using standardized inspection forms provided by the City Engineer. The site owner and/or applicant shall assign a qualified individual experienced in the installation and maintenance of erosion and runoff controls to conduct these inspections to ensure that all storm water control practices are functional, that all provisions of the SWM plan and this regulation are being met, and whether additional control measures are required.
(2) The site owner shall maintain the records for three years following the final stabilization of the site. The records shall include:
A. Name of site.
B. Names(s) and qualifications of personnel making the inspections.
C. The date(s) of inspections.
D. Weather conditions.
E. Major observations relating to the implementation of the SWM plan and a certification as to whether the site is in compliance with the SWM plan, SWP3, and NPDES permit, if applicable.
F. This record shall also identify any incidents of noncompliance, actions taken to correct any problems and the date(s) corrective action(s) was taken.
G. Any additional documentation required by the applicant's individual NPDES permit or Ohio EPA Permit No. OHC00005.
(3) A copy of all of the inspection log sheets must be submitted to the City Engineer within five working days of the date that the inspection was conducted. Inspections shall be documented in a format deemed acceptable by the City Engineer.
(i) Ownership and Maintenance of Storm Water Facilities.
(1) An Inspection and Maintenance Agreement for Storm Water Best Management Practices substantially in the form of Attachment A to Ordinance 2017-16, shall be approved by the City prior to any activities proposing to disturb one acre or more of land for residential, institutional, commercial, office and industrial purposes. In the case of proposed subdivisions, inspection and maintenance agreements shall be approved before the City accepts the final plat of the proposed subdivision. Said agreement shall be incorporated into the developer's agreement when applicable. This agreement shall bind all current and subsequent owners of land served by the storm water facilities.
(2) All inspection and maintenance agreements shall do the following:
A. Designate the party(ies) responsible for the maintenance of all storm water management facilities and practices including mowing, landscaping, debris pick-up, and to ensure all inlet and outlet structures are free of obstructions and in good repair. For subdivisions, unless otherwise approved by the City, this responsible party(ies) shall be an entity of common ownership (e.g., land/homeowner's association) within the proposed subdivision.
B. Prohibit unauthorized alterations of all storm water management facilities. All revisions shall be approved by the City Engineer.
C. Provide adequate access to all storm water management facilities for inspection by the City authorized agent(s) and corrective actions by the owner.
(3) As applicable, all storm water management facility easements shall be shown on the record plat, prior to approval by the City, and a reference shall be made to the entity or individual(s) responsible for their maintenance.
(4) The City Planning Commission may require the owner and/or the applicant to follow the maintenance procedure outlined in R.C. § 6131.63. The City authorized agent(s) may require of the owner and/or applicant any one or more of the following items of the maintenance agreement.
A. Benefit two or more property owners.
B. Are designed for cost-effective maintenance.
C. Are determined by the City Planning Commission or authorized agent(s) to be appropriate additions to this jurisdiction's existing storm drainage system.
D. Are not better suited for private maintenance by an individual or group of property owner(s), with ultimate responsibility for maintenance in the event of default on the part of the owner(s) remaining with jurisdiction.
E. Require the owner to conduct inspections of all BMPs indicated in the Storm Water Management Plan at no less frequency than annually
1. The owner shall conduct an inspection of all BMPs indicated in the Storm Water Management Plan. A BMP, in this case, shall be considered any stormwater facility used for the purpose of water quality or quantity control as determined by the City Engineer. Inspections shall be conducted at a minimum annually but may be required more frequently as determined by the City Engineer.
2. The owner shall use a stormwater certified person, holding one of the following certifications: Ohio Professional Engineer (PE), Certified Professional in Erosion and Sediment Control (CPESC) or Certified Erosion Sediment and Storm Water Inspector (CESSWI), as approved by the City Engineer.
3. The Stormwater Inspector shall use the inspection form in Attachment B to Ordinance 2017-16, "Stormwater BMP Inspection Form", or other form approved by the City Engineer.
4. Following the annual inspection, the owner shall submit a stormwater annual report to the City. The report shall include the following:
a. The inspection form signed by a stormwater certified person.
b. Listing of all corrective actions resulting from the annual report. Corrective actions shall be listed as either high or normal priority. High priority corrective actions shall be performed within ninety days of the date of the inspection report unless allowed additional time by the City Engineer. The stormwater certified person shall submit notice in writing to the City Engineer when the high priority item is corrected. Normal priority actions shall be corrected before the next annual inspection and will be listed in the next annual inspection report. The City is authorized to enter upon the property and to perform corrective actions identified in the inspection report if the owner does not make the required corrections in the specified time period and charge the responsible party accordingly. Payment is due within ten days of presentation of an invoice. Any accounts that are over thirty days delinquent, it may be certified to the County Auditor, who shall then place the same on the tax duplicate of the county, with interest as allowed by law, to be collected as taxes are collected.
c. Records of all regular maintenance performed throughout the year.
d. Contact information of the party submitting the report. The City shall maintain public records of the annual reports for a period of not less than five years. The City Engineer, or his designated appointee, shall inspect all BMPs every five years to ensure the integrity of the annual inspection.
5. It is deemed a violation of this section if the City does not receive an annual inspection report before August 1 of each year. In such an event, the owner will be charged a fee of five hundred dollars ($500.00), and the City has the authority to enter upon the property to conduct any inspections necessary to verify that the stormwater management practices are being operated and maintained in accordance with this chapter and charge the responsible party accordingly. Payment is due within ten days of presentation of an invoice. Any accounts that are over thirty days delinquent may be certified to the County Auditor, who shall then place the same on the tax duplicate of the county, with interest as allowed by law, to be collected as taxes are collected.
(5) The following conditions shall apply to all drainage easements:
A. Easements shall be approved by the City Engineer prior to approval of the final plat and shall be recorded with said plat.
B. Unless otherwise required by the City Engineer, drainage easements shall be no less than twenty feet wide.
C. Unless otherwise required and approved by the City Engineer, storm water management facilities, including basin, ponds, or other retention/detention practices, shall be on separate lots held and maintained by an entity of common ownership such as a landowner's or homeowners' association or the City of Vermilion.
D. Those lots that contain and/or are crossed by a drainage easement shall have the following restriction: Any lot area reserved for drainage purposes shall at all times be kept free of any obstructions to the flow of water. No improvements or modifications within the identified drainage easement area will be allowed without the approval of the City Engineer.
(j) Schedule of Fees. The fees shall be covered in the Developer's Agreement.
(k) Complaints. The City authorized agent(s) shall investigate any complaint related to discharge of storm water pollutants covered by this chapter.
(l) Variances.
(1) The City may grant a variance to these regulations where the owner or his or her appointed representative can show that a hardship exists under which compliance with these regulations is not appropriate, based upon the following:
A. That exceptional topographic or other physical conditions exist that are peculiar to the particular parcel of land.
B. That the literal interpretation of these regulations would deprive the owner of rights enjoyed by other property owners.
(2) Adverse economic conditions or hardship shall not be considered as a valid reason for a variance request to be granted. No variances will be granted where activities occur that will defeat the purposes of these regulations.
(3) The request for variance shall be submitted to the City and shall state the specific variances sought and include sufficient information to justify the granting of a variance.
(m) Appeals. Any person aggrieved by any order, requirement, determination, or any other action or inaction by the City or its representatives in relation to this regulation may appeal to the Court of Common Pleas. Such appeal shall be made within thirty days of the date of an order or decision and shall specify the grounds for appeal.
(n) Violations. No person shall violate, cause, or knowingly permit to be violated any of the provisions of this chapter or fail to comply with any of its provisions or with any lawful requirements of any public authority made pursuant to it, or knowingly use or cause or permit the use of any lands in violation of this chapter or in violation of any approval permit granted under this chapter. Violations of these regulations which will result in enforcement actions, include but are not limited to:
(1) Failure to install control practices specified in the state and federal permits.
(2) Improper installation of control practices according to Rainwater and Land Development, current edition, and/or as recommended by the manufacturer.
(3) Inadequate design and/or unacceptable performance of the control practices as judged by the City Engineer.
(4) Failure to properly maintain control practices put in place as determined by the City Engineer.
(5) Failure to remove control practices after the site has reached final stabilization.
(o) Penalties.
(1) Violation of any provision of this or any amendment or supplement thereto, or failure to comply with any of the requirements herein shall constitute a fourth-degree misdemeanor. Each day such violation continues shall be considered a separate offense. Any person or persons knowingly violating any of the provisions herein shall upon conviction be fined up to one hundred dollars ($100.00) per day the violation exists and, in addition, shall pay all costs and expenses involved in the case.
(2) Upon notice from the City and/or its authorized agent(s), that work is being done contrary to this chapter, such work shall immediately stop. Such notice shall be in writing and shall be given to the applicant and shall state the conditions under which such work may resume; provided, however, in instances where immediate action is deemed necessary for the public safety or the public interest, the City's authorized agent may require that work be stopped upon verbal order pending issuance of the written order.
(3) The imposition of any other penalties provided herein shall not preclude the City, by or through its Law Director and/or any of its assistants, from instituting an appropriate action or proceeding in a court of proper jurisdiction to prevent an unlawful development, or to restrain, correct, or abate a violation, or to require compliance with the provisions of this regulation or other applicable laws, ordinances, rules, or regulations, or the orders of the authorized agent(s).
(Ord. 2017-14. Passed 11-6-17; Ord. 2022-23. Passed 5-9-22.)