All operators of sites of construction activity, including clearing, grading, and excavation activities, that result in the disturbance of five (5) or more acres of total land area, or that are part of a common plan of development or sale within which five (5) or more acres of total land area are disturbed, or who are required to obtain an NPDES permit for stormwater discharges associated with construction activity, shall comply with the following requirements:
1. Applicability.
(i) Any operator who intends to obtain coverage as an operator for stormwater discharges from a construction site under the NPDES Construction General Permit must submit a signed copy of its notice of intent (NOI) to the City Engineer at least fourteen (14) days prior to the commencement of construction activities.
(ii) If the construction activity is already underway upon the effective date of this article, the NOI shall be submitted within thirty (30) days.
(iii) For stormwater discharges from construction sites where the operator changes, an NOI shall be submitted at least seven (7) days prior to when the operator commences work at the site.
(iv) The operator must prepare and implement a stormwater pollution prevention plan (SWPPP) in accordance with the requirements of the Construction General Permit or any individual or group NPDES permit issued for stormwater discharges from the construction site, and with any additional requirement imposed by or under this
section 7.3 and any other provision of this UDC.
(i) On a site of more than one (1) acre in total land area or a site which is impacted by off-site drainage for more than one (1) acre, a certified professional must prepare, sign, and seal the SWPPP.
(ii) The signature and seal of the registered professional engineer constitutes certification that the SWPPP fully complies with the requirements of the Construction General Permit, or with any applicable individual or group NPDES permit issued for stormwater discharges from the construction site, and with any additional requirement imposed by or under this
Section 7.3.
(iii) The SWPPP must contain the name, title, and business address of the certified professional signing it, and the date that he/she did so.
(iv) The SWPPP shall be completed prior to the submittal of the NOI to the City and, for new construction, prior to the commencement of construction activities.
(i) The SWPPP must be updated and modified as appropriate and as required by the Construction General Permit and this
Section 7.3.
(ii) A registered professional engineer must prepare, sign, and seal any update or modification to the SWPPP, if the original SWPPP was required to have been prepared by a registered professional engineer.
(i) A copy of any NOI that is required must be submitted to the City in conjunction with any application for a building permit, site development, subdivision plat approval, site development plan approval, and any other City approval necessary to commence or continue construction at the site.
(ii) The City Engineer shall require any operator who is required to prepare a SWPPP to submit the SWPPP, and any modifications thereto, to the City Engineer for review.
(iii) Such submittal and review of the SWPPP shall be required by the City prior to commencement of or during construction activities at the site.
(iv) Upon the City’s review of the SWPPP and any site inspection that it may conduct, the City may deny approval of any building permit, site development permit, subdivision plat, site development plan, or any other City approval necessary to commence or continue construction, or to assume occupancy, on the grounds that the SWPPP does not comply with the requirements of the construction general permit, any individual or group NPDES permit issued for stormwater discharge from the construction site, or any additional requirement imposed by or under this article.
5. Implementation and monitoring.
(i) If at any time the City determines that the SWPPP is not being fully implemented, the City may similarly deny approval of any building permit, site development permit, subdivision plat, subdivision construction plan or any other City approval necessary to commence or continue construction, or to assume occupancy, at the site.
(ii) The owner shall make the SWPPP and any modification thereto available to the City upon request, and to EPA and state inspectors.
(iii) The City may notify the owner at any time that the SWPPP does not meet the requirements of the Construction General Permit, any applicable individual or group NPDES permit issued for stormwater discharges from the construction site, or any additional requirement imposed by or under this
Section 7.3.
(iv) Such notification shall identify those provisions of the permit or this article which are not being met by the SWPPP, and identify which provisions of the SWPPP require modifications in order to meet such requirements. Within seven (7) days of such written notification from the City, the operator shall make the required changes to the SWPPP and shall submit to the City Engineer a written certification that the requested changes have been made.
(i) The operator must amend the SWPPP if the following occurs:
(1) Whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to the stormwater drainage system or to the waters of the United States, and which has not otherwise been addressed in the SWPPP;
(2) If the SWPPP proves to be ineffective in eliminating or significantly minimizing pollutants, or in otherwise achieving the general objective of controlling pollutants in stormwater discharges associated with construction activity; or
(3) A new contractor or subcontractor that will implement a measure in the SWPPP.
(i) Ongoing inspection. Qualified personnel, provided by the operator of the construction site, must inspect the following every seven (7) calendar days and within twenty-four (24) hours following the end of a storm that is one-half inch (0.5") or greater:
(1) Disturbed areas of the construction site that have not been finally stabilized, areas used for storage of materials that are exposed to precipitation, structural control measures, and locations where vehicles enter or exit the site.
(2) Disturbed areas and areas used for storage of materials that are exposed to precipitation for evidence of, or the potential for, pollutants entering the drainage system.
(3) Erosion and sediment control measures identified in the SWPPP shall be observed to ensure that they are operating correctly.
(4) Discharge locations or points that are accessible to as certain whether erosion control measures are effective in preventing significant impacts to receiving waters.
(5) Locations where vehicles enter or exit the site for evidence of off-site sediment tracking.
(ii) Revision to SWPPP based on inspection.
(1) Based on the results of the inspections, the site description and the pollution prevention measures identified in the SWPPP, the SWPPP shall be revised as appropriate, but in no case later than seven (7) calendar days following the inspection.
(2) Such modifications shall provide for timely implementation of any changes to the SWPPP within seven (7) calendar days following the inspection.
(iii) Required reporting and retention.
(1) A report summarizing the scope of any inspection, and the name(s) and qualifications of personnel making the inspection, the date(s) of the inspection, major observations relating to the implementation of the SWPPP, and actions taken in accordance with subsection (ii) above shall be made and retained as part of the SWPPP for at least three (3) years from the date that the site is finally stabilized.
(2) Such report must identify any incidence of noncompliance. Where a report does not identify any incidence of noncompliance, the report must certify that the facility complies with the SWPPP, the facility’s NPDES permit, and this
Subsection 7.3.3.H.
(3) The report shall be certified and signed by the person responsible for making the report.
(4) The owner shall retain copies of any SWPPP and all reports required by this subsection (iii) or by the NPDES permit for the site, and records of all data used to complete the NOI, for a period of at least three (3) years from the date that the site is finally stabilized.
(i) Where a site has been finally stabilized and all stormwater discharges from construction activities that are authorized by this article and by the NPDES permit for those construction activities are eliminated, or where the operator of all stormwater discharges at a facility changes, the owner of the construction site shall submit to the City a notice of termination (NOT) that includes the information required for notices of termination by part VIII of the Construction General Permit.
(ii) Upon final stabilization of the construction site, the owner or the duly authorized representative thereof shall submit written certification to the City that the site has been finally stabilized.
(iii) The City may withhold an occupancy or use permit for any premises constructed on the site until such certification of final stabilization has been filed and the City has determined, following any appropriate inspection, that final stabilization has, in fact, occurred and that any required permanent structural controls have been completed.
