§ 30-179. One-acre disturbances from construction activity.

All operators of sites of construction activity, including clearing, grading, excavation, and landfilling activities, that result in the disturbance of five or more acres of total land area, or that are part of a common plan of development or sale within which five or more acres of total land area are disturbed, or who are required to obtain an NPDES permit for storm water discharges associated with construction activity, shall comply with the following requirements (in addition to those in section 30-177.)

(1)

Any operator who intends to obtain coverage for storm water discharges from a construction site under the NPDES general permit for storm water discharges from construction sites (the "construction general permit") shall submit a signed copy of its notice of intent (NOI) to the director of public works, and to any other responsible city departmental director, at least 15 calendar days prior to the commencement of construction activities. If the construction activity is already underway upon the effective date of this article, the NOI shall be submitted within 30 calendar days after the effective date of this article. For storm water discharges from construction sites where the operator changes, an NOI shall be submitted at least two calendar days prior to when the new operator commences work at the site.

(2)

A storm water pollution prevention plan (SWPPP) shall be prepared and implemented prior to the beginning of construction activities in accordance with the requirements of the construction general permit or any individual NPDES permit issued for storm water discharges from the construction site, and with any additional requirement imposed by or under this article and any other city ordinance.

(3)

The SWPPP shall be prepared, signed, and sealed by a licensed professional engineer. The signature and seal of the licensed professional engineer shall constitute his/her attestation that the SWPPP fully complies with the requirements of the construction general permit, or with any applicable individual NPDES permit issued for storm water discharges from the construction site, and with any additional requirement imposed by or under this article. The SWPPP shall contain the name, title, and business address of the licensed professional engineer signing it, and the date that he/she did so.

(4)

The SWPPP shall be updated and modified as appropriate and as required by the construction general permit and this article. Any update or modification to the SWPPP shall be prepared, signed, and sealed by a licensed professional engineer.

(5)

The SWPPP shall be prepared and submitted to the director at least 15 calendar days prior to the commencement of construction activities. If the construction activity is already underway upon the effective date of this article, the SWPPP shall be submitted within 30 calendar days after the effective date of this article.

(6)

A copy of any SWPPP that is required by subsection (2) shall be submitted to the city in conjunction with any application for a building permit, grading permit, site development plan approval, and any other city approval necessary to commence or continue construction at the site.

(7)

If, upon the director's review of the SWPPP (or any modification to the SWPPP) and any site inspection that the director may conduct, the director determines that the SWPPP does not comply with the requirements of the construction general permit, any individual NPDES permit issued for storm water discharge from the construction site, or any additional requirement imposed by or under this article, the director may issue an order prohibiting the commencement, or the continuation, of any construction activity at the site. Also, if at any time the director determines that the SWPPP is not being fully implemented, the director may similarly issue an order prohibiting the continuation of any construction activity at the site. Any order issued by the director under the authority of this paragraph may be in the form of a compliance order under section 30-187, an emergency cease and desist order under section 30-189, or a stop work order under section 30-190.

(8)

Upon review of the SWPPP and any site inspection that is conducted, the city may deny approval of any building permit, grading permit, 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 storm water discharge from the construction site, or any additional requirement imposed by or under this article. Also, 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, grading permit, or any other city approval necessary to commence or continue construction, or to assume occupancy, at the site.

(9)

All contractors and subcontractors identified in an SWPPP shall sign a copy of the following certification statement before conducting any professional service identified in the SWPPP:

I certify under penalty of law that I understand the terms and conditions of the National Pollutant Discharge Elimination System (NPDES) permit that authorizes the storm water discharges associated with industrial activity from the construction site identified as part of this certification.

The certification must include the name and title of the person providing the signature; the name, address, and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification is made.

(10)

The SWPPP, with the licensed professional engineer's signature, seal, and date affixed, and the certifications of contractors and subcontractors required by subsection (9), and with any modifications attached, shall be retained at the construction site from the date of commencement of construction through the date of final stabilization.

(11)

The operator shall make a copy of the SWPPP and any modification thereto available to the director and any other authorized city inspector at the construction site upon request (as well as to EPA and state inspectors).

(12)

The director may notify the operator at any time that the SWPPP does not meet the requirements of the construction general permit, any applicable individual NPDES permit issued for storm water discharges from the construction site, or any additional requirement imposed by or under this article. Such notification shall identify those provisions of the permit or ordinance 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 calendar days of such notification from the director (or as otherwise provided by the director), the operator shall make the required changes to the SWPPP and shall submit to the director a written certification that the requested modifications have been made.

(13)

The operator shall modify the SWPPP 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 MS4 or to the waters of the United States, and which has not otherwise been addressed in the SWPPP, or if the SWPPP proves to be ineffective in eliminating or significantly minimizing pollutants, or in otherwise achieving the general objective of controlling pollutants in storm water discharges associated with construction activity. In addition, the SWPPP shall be modified to identify any new contractor and/or subcontractor that will implement a measure in the SWPPP. All modifications to the SWPPP signed and sealed by a professional engineer shall be submitted to the director within seven calendar days of a change, determination of ineffectiveness (self or city inspection), or effective date of changes in contractor and/or subcontractor.

(14)

Qualified personnel (provided by the operator of the construction site) shall inspect 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, at least once every seven calendar days and within 24 hours of the end of the storm that is 0.5 inches or greater. 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. Erosion and sediment control measures identified in the SWPPP shall be observed to ensure that they are operating correctly. Where discharge locations or points are accessible, they shall be inspected to ascertain whether erosion control measures are effective in preventing significant impacts to receiving waters or the MS4. Locations where vehicles enter or exit the site shall be inspected for evidence of off-site sediment tracking.

(15)

Based on the results of the inspections required by subsection (14), the site description and/or the pollution prevention measures identified in the SWPPP shall be modified as appropriate, but in no case later than seven calendar days following the inspection. Such modifications shall provide for timely implementation of any changes to the SWPPP within seven calendar days following the inspection. All modifications to the SWPPP shall be submitted to the director within seven calendar days of the date of inspection.

(16)

A report summarizing the scope of any inspection required by subsection (14), 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 (15), shall be made and retained as part of the SWPPP for at least three years from the date that the site is finally stabilized. Such report shall identify any incidence of noncompliance. Where a report does not identify any incidence of noncompliance, the report shall contain a certification that the facility is in compliance with the SWPPP, the facility's NPDES permit, and this article. The report shall be certified and signed by the person responsible for making it.

(17)

The operator shall retain copies of any SWPPP and all reports required by this article 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 years from the date that the site is finally stabilized.

(18)

Where a site has been finally stabilized and all storm water 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 storm water discharges at a facility changes, the operator of the construction site shall submit to the director of public works, and to any other responsible city departmental director, a notice of termination (NOT) that includes the information required for notices of termination by the construction general permit.

(19)

Upon final stabilization of the construction site, the owner (or the duly authorized representative thereof) shall submit to the responsible director written certification by a licensed professional engineer that the site has been finally stabilized. (See definition of final stabilization in this article.) 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 responsible director has determined, following any appropriate inspection, that final stabilization has, in fact, occurred and that any required permanent structural controls have been completed.

(Ord. No. 2007-12, § 1, 8-7-07)

Editor's note

Ord. No. 2007-12, § 1, adopted August 7, 2007, enacted provisions intended for use as subsections A.—S. To preserve the style of this Code, and at the discretion of the editor, said provisions have been redesignated as subsections (1)—(19).