HomeMy WebLinkAbout0664 Construction Site Sediment and Erosion Control 2009ORDINANCE NO. 664
AN ORDINANCE OF THE CITY OF CHUBBUCK, A MUNICIPAL CORPORATION OF
IDAHO, ENACTING A NEW CHAPTER 8.44, " CONSTRUCTION SITE SEDIMENT AND
EROSION CONTROL "; ESTABLISHING REGULATIONS TO CONTROL NON -STORM
WATER DISCHARGES TO THE CITY'S STORM DRAINAGE SYSTEM; ESTABLISHING
METHODS TO CONTROL AND RESTRICT THE INTRODUCTION OF POLLUTANTS
INTO THE MUNICIPAL STORM SEWER SYSTEM; PROVIDING REGULATIONS IN
ORDER TO COMPLY WITH REQUIREMENTS OF THE CITY'S NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT; PROVIDING
DEFINITIONS; PROVIDING FOR EROSION CONTROL PERMITS AND CONTROL
PLANS; PROVIDING FOR EROSION AND SEDIMENT CONTROL STANDARDS;
PROVIDING FOR PERMIT FEES; PROVIDING FOR WAIVER AND APPEAL
PROCESSES; PROVIDING MISDEMEANOR PENALTIES FOR VIOLATIONS;
PROVIDING FOR REMEDIES THROUGH CIVIL ACTIONS; REPEALING PRIOR
CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE
PROVISIONS OF THIS ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE IS
EFFECTIVE.
WHEREAS, the City of Chubbuck is the holder of National Pollutant Discharge
Elimination System (NPDES) Permit No. IDS -028053; and
WHEREAS, as a holder of the NPDES Permit, the City is required under Federal
regulations to establish methods to control and eliminate the introduction of pollutants of
concern into the municipal storm sewer system and into the air shed; and
WHEREAS, City staff have recommended measures to the City Council to reduce
and eliminate the introduction of those pollutants of concern through training, inspection,
surveillance and monitoring procedures to ensure compliance with said measures, as required
under the NPDES Permit, in compliance with federal and state requirements, and in order to
protect the health, safety, and welfare of the citizens of the City; and
WHEREAS, the City Council has reviewed the City staff's recommended
measures and determined that the implementation of methods to control and eliminate the
introduction of pollutants of concern into the municipal storm sewer system and into the air
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shed is necessary for compliance with the NPDES Permit, state and federal regulations, and is
necessary in order to protect the health, safety and welfare of the citizens of the City;
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO THAT A NEW CHAPTER 8.44, "CONSTRUCTION SITE
SEDIMENT AND EROSION CONTROL" BE ENACTED AS FOLLOWS:
Chapter 8.44
Construction Site Sediment and Erosion Control
8.44.010 Title. This chapter shall be known as the "Construction Site Sediment
and Erosion Control" Chapter of Title 8, Health and Safety.
8.44.020 Purpose. The purpose of this chapter is to comply with the
requirements of the City's National Pollutant Discharge Elimination System (NPDES) Permit
No. IDS -028053, the Federal Clean Water Act, and to provide for the health, safety, and
general welfare of the citizens of Chubbuck through the regulation of construction activities
within the City by establishing methods to control sediment discharges and reduce soil erosion
deposits into the municipal separate storm sewer system or into the air shed. The objectives of
this chapter are:
A. To promote and protect the health, safety, and general welfare of the citizens of
City of Chubbuck and enhance and preserve the quality and value of our
resources by regulating construction activities with respect to erosion and
sediment control.
B. To provide for the protection of storm water, ground water, water bodies,
watercourses, and wetlands pursuant to and consistent with the Clean Water Act,
and NPDES permits granted to the City of Chubbuck.
C. To manage and control the amount of pollutants in storm water discharges,
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reduce soil erosion, sediment discharge, and mud and dirt deposits on public
roadways caused by or resulting from construction activities.
D. To ensure adequate drainage, storm water management and soil conservation
measures are utilized at the site of any construction activity.
8.44.030 Definitions. For the purposes of this Chapter, the following shall mean:
Authorized Enforcement Agent: The Director of the City of Chubbuck Department of Public
Works or his designee.
Best Management Practices (BMPs): Physical, structural, and/or managerial practices that,
when used singly or in combination, control activities including, but not limited to, site run-off,
spillage and leaks, and waste disposal, and prevent or reduce the discharge of pollutants
directly or indirectly to waters of the State of United States. BMPs may also include schedules
of activities, prohibition of practices, design standards, educational activities, and treatment
requirements.
City. The City of Chubbuck and/or its representatives, staff, or assigns.
Clean Water Act: The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any
subsequent amendments thereto.
Construction Activity: Activities occurring in furtherance of a construction project, including
but not limited to, land disturbing activities; temporary crushing and screening operations
lasting less than 180 calendar days; hauling soil and rock; explosive and abrasive blasting;
implosion; handling of building materials; concrete, stone and tile cutting; operation of
motorized and non -motorized machinery; and the operation of motor vehicles on a construction
site, a staging area, a parking area, a storage area, or any access routes to the construction site.
Erosion: Progressive detachment and removal of particles, including soil and rock fragments,
from the earth's surface by means of water, wind, ice, gravity or mechanical processes,
including vehicular traffic.
Erosion Control Plan: Details of the concepts and techniques, including BMPs, used prior to
and during construction, up to and including final landscaping, to control and limit soil erosion,
mud and dirt deposits on public roadways, and sediment discharge.
Land Disturbing Activity A human induced change to improved or unimproved land,
including, but not limited to, new home or building construction, expansion of an existing
building or home, demolition activity, clearing, grubbing, leveling, excavation, fill operations,
clearing, trenching, landscaping, grading, drainage, pipe installation, drilling, mining, dredging,
road construction or improvement, paving, construction of earthen berms, and improvements
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for use as parking or storage.
Maximum Extent Practicable (MEP): Technology based discharge standard for municipal
separate storm sewer systems established by CWA § 402(p).
Permit: The erosion control permit issued by the City which authorizes performance of a
construction project.
Permit Holder: The person who makes application for an erosion control permit.
Person: Any individual, firm, association, club, organization, corporation, partnership,
business trust, company or other entity which is recognized by law as the subject of rights or
duties.
Pollutant: Objects and materials which, when discharged to water or air, cause or contribute to
water or air pollution, or as defined by the Federal Water Pollution Control Act (also known as
the Clean Water Act).
Pollution: The discharge of any pollutant into the air stream or waters of the state or U.S.
which will or is likely to create a nuisance or to render such waters harmful, detrimental, or
injurious to public health, safety or welfare, or to domestic, commercial, industrial,
recreational, aesthetic, or other beneficial uses, or as defined by the Federal Water Pollution
Control Act (also known as the Clean Water Act).
Sediment: Solid material, either mineral or organic, that is in suspension or has been or is
being moved from its site of origin due to erosion.
Storm Water: Surface runoff and drainage associated with rain storm events and snow melt.
Variance: A modification of the requirements of the Ordinance based on hardship.
Watercourse: Any natural or artificially managed channel through which water flows on a regular
or routine basis.
Wetlands: Lands that meet all of the following criteria: (a) a predominance of hydric soil, (b)
saturation by surface or ground water at a frequency and duration sufficient to support a
prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions, and
(c) normally support a prevalence of hydrophytic vegetation.
8.44.040 Applicability. This Chapter shall apply to all construction activity and
all land disturbing activity, directly or indirectly associated with construction projects, and all
persons engaged in construction activity and land disturbing activity, directly or indirectly
associated with construction projects, within the corporate limits of the City of Chubbuck.
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Indirect association requires a recognizable connection between the activity involved and the
construction project, but does not require a primary or direct connection.
8.44.050 Regulatory Consistency. This Chapter shall be construed to assure
consistency with state and federal laws, rules and regulations, including the Clean Water Act
and all acts amendatory thereof or supplementary thereto; all NPDES permits issued to the City
of Chubbuck, and in particular, NPDES Permit No. IDS -028053; and any other provisions of
the City of Chubbuck Municipal Code. No permit or approval issued pursuant to this Chapter
shall relieve a person of the responsibility to secure permits and approvals required for
activities regulated by any other applicable rule, code, act, permit or ordinance. Compliance
with this Chapter does not exempt any person from complying with other applicable
ordinances, rules, codes, acts or permits.
8.44.060 Severability. The provisions of this Chapter are hereby declared to be
severable. If any provision, clause, sentence, or paragraph of this chapter or the application
thereof to any person, establishment, or circumstances shall be held invalid, such invalidity
shall not affect the other provisions or application of this Chapter.
8.44.070 General Requirements and Prohibitions.
A. Every person shall obtain an erasion control permit (hereinafter "permit') from
the City of Chubbuck before commencing any construction activity, unless performing work
covered by an existing City of Chubbuck approved erosion control permit or otherwise
exempted by this Chapter.
B. Erosion, sediment, or discharge of pollutants, resulting from construction
activities, which enter onto public property or private property not controlled by the permit
holder, shall be eliminated to the maximum extent practicable unless otherwise permitted or
exempted under this Chapter.
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C. No final plat, subdivision site development plan, site plan, grading permit,
building permit, or Public Work project shall be approved without an approved erosion control
plan meeting the requirements of the federal Construction General Permit and related Notice of
Intent and Storm Water Pollution Prevention Plan (SWPPP) requirements.
D. All construction activity commenced pursuant to an approved erosion control
plan or permit must at all times comply with the conditions of the erosion control plan or
permit. The permit holder is responsible for ensuring their contractor(s), subcontractor(s),
utility trenching subcontractor(s), and all other persons entering the site abide by the conditions
of the permit. The permit holder's signature or that of his authorized agent on the permit shall
constitute an agreement by the permit holder to accept responsibility for meeting the conditions
of the permit.
E. No construction activity shall take place without a valid permit. If a permit has
been suspended or revoked, or has expired, all work covered by the permit shall cease until a
new permit is issued.
F. The Permit Holder shall notify the City of pending permitted construction
activity a minimum of 48 hours prior to commencement of such activity.
G. A person or persons possessing a current and valid City of Chubbuck
Certificate of Training, as provided for in Section 8.44.120 of this Chapter, shall be directly in
charge of all sites of construction activity regulated by this Chapter. Failure to comply with this
requirement will result in revocation or suspension of the permit issued pursuant to this
Chapter.
H. All necessary action shall be taken to minimize the depositing and tracking of
mud, dirt, sand, gravel, rock or debris on or onto the public right-of-way. The owner of the site
of the construction activity or the permit holder with respect to the construction site shall be
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responsible for any clean-up of the public rights-of-way or private property not under the
permit holder's control necessitated from any tracking or depositing of mud, dirt, sand, gravel,
rock or debris, or shall reimburse the City for any expenses incurred by the City to effectuate
the clean-up. At a minimum, all public rights-of-way shall be cleaned curb -to -curb on a daily
basis.
I. Construction ramps shall be constructed of material that will not erode or
deteriorate under adverse conditions, and shall not be placed in a manner as to interfere with or
block the passage of storm water runoff.
J. No debris, dirt, aggregate or excavated materials, or construction supplies, shall
be placed on the public right-of-way unless specifically permitted by the City of Chubbuck in
writing. In addition, public sidewalks shall not be removed, blocked, or otherwise rendered
unusable by construction activity, equipment or materials, or portable toilets, unless a safe,
usable alternate walkway, as approved by the City of Chubbuck, is placed on the same side of
the right-of-way by the contractor.
K. No owner or lessee of real property shall allow the property to be unoccupied,
unused, vacant or undeveloped after the topsoil has been disturbed or the natural cover
removed, unless control measures are undertaken to prevent mud, sand, dirt and gravel, or other
material from migrating offsite and entering the public right-of-way or a storm water system.
L. All temporary erosion and sediment control measures shall be removed after
final site stabilization. Trapped sediment and other disturbed soil areas resulting from the
removal of temporary measures shall be permanently stabilized within twenty-one (2 1) days
from removal of the temporary measures.
M. To facilitate inspection and enforcement under this Chapter, all building or
commercial lot owners holding an erosion control permit shall display a sign on the property
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noting information required by the federal Construction General Permit for all projects
requiring permit coverage under the Construction General Permit. All required writing on the
signs shall be legible and of sufficient size to be easily read from the nearest public right-of-
way location.
8.44.080 Erosion Control Permits.
A. The following categories of permits shall be issued upon approved application:
1. General Permit. Issued for construction, demolition, and site development for
single family homes and duplexes, and utility trench excavation.
2. Site Specific Permit. Issued for construction, demolition, and site development
for multiple home developments, apartment complexes and commercial sites.
3. Special Site Permit. Issued for the following site conditions for additional
control measures:
a. Pre -development slopes greater than fifteen percent.
b. Ground disturbance of a natural vegetative buffer within fifty (50) feet
of wetlands or water bodies, including perennial streams and water courses.
c. Sites located entirely or partially within an environmentally sensitive
area as identified by City, state or federal authorities.
d. Any other site determined by the City to have conditions necessitating
additional control measures.
B. Applications for permits shall be made on forms provided by the City and shall
be accompanied by any applicable fee or fees. In addition, applications for site specific permits
or special site permits shall be accompanied by two copies of an erosion control plan which is
in compliance with the provisions of this Chapter. Erosion control plans, applicable best
management practices, notices of intent (NOI) as required by the federal Environmental
Protection Agency Idaho Construction General Permit shall be properly executed prior to
application to the City of Chubbuck and a copy of the federal permit NOI must accompany the
City of Chubbuck permit application. No permit requiring an erosion control plan shall be
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granted unless the erosion control plan has been approved by the City, including verification of
compliance with the federal Construction General Permit.
C. Permit applications should be filed with the City at the same time as the request
for a permit to conduct the construction activity, such as a building permit or grading permit.
D. Any construction activity which has been initiated, but not fully completed, at
the time of enactment of this Chapter shall require a permit within 90 days of the effective date
of this Chapter, unless otherwise exempted by this Chapter. Initiation is not limited to actual
ground -breaking activities, but also includes granting of building, excavation and construction
permits.
E. For general permits, although an erosion control plan is not required, the permit
will contain requirements and conditions that must be implemented before and during
construction. These requirements and conditions will consist of, but are not limited to, the
requirements found in this Chapter.
F. The following construction or land disturbing activities do not require a permit:
1. Minor land disturbance (spatial areas less than %4 acre and confined to one
residential or commercial lot or that disturbs or removes less than ten cubic yards
of soil or fill) activities performed by the property owner or an employee of the
property owner, including, but not limited to, individual home gardens,
community gardens recognized by the City, commercial and residential
landscaping, and landscaping maintenance and repair work.
2. Repair, replacement, and utility work which occurs entirely on a residential lot,
in which no sediment leaves the property.
3. Installation of fence, sign, telephone, electric poles, and other types of posts and
poles that involves less than two cubic yards of excavation in any one location.
4. Emergency repairs or emergency work necessary to protect the health, safety
and general welfare of the public.
5. Utility repair work that involves less than two cubic yards of excavation in any
one location.
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6. Parking lot and driveway repair where no sediment leaves the private property
and which disturbs less than %4 acre.
7. Construction activity that occurs entirely on federal or state owned lands.
8. Construction and maintenance activity that occurs on transportation rights-of-
way or land owned by a separate governmental entity, when an erosion control
plan for the activity has been approved by the controlling governmental entity.
9. Construction, maintenance, and any other land disturbing activity on canals,
laterals, sub -laterals, ditches, drains, and other water conveyance facilities, and all
appurtenant roadways and structures, which occurs within the fee title lands, right-
of-ways, or easements for such facilities and appurtenances. This exemption is not
a relief from provisions of this Chapter which control activities that impact public
or private property.
10. Crushing and screening operations exceeding 180 calendar days of operation.
These sites are subject to Zoning and Conditional Use Permit requirements, and
any other requirements specified by Chubbuck Municipal Code. This exemption
does not relieve such operations from provisions of this Chapter which control
activities that impact public or private property.
G. Approval of an erosion control plan and issuance of a permit does not relieve a
person from the duty to ensure continuous compliance with all conditions of the approved plan
or permit, as well as all of the applicable provisions of this Chapter and appropriate federal
requirements.
H. The permit may be suspended or revoked by the City at any time if the site of
the construction activity is not in full compliance with the conditions of the approved erosion
control plan, the permit, and all applicable provisions of this Chapter; the permit was issued in
error; or the permit was based on incorrect information.
I. Written notice shall be given by the City to the Permitee of the suspension or
revocation of a permit, and this decision may be appealed in accordance with the provisions of
Section 8.44.150.
J. A permit shall automatically expire and become null and void if the project for
which the permit was issued is not commenced within a period of 180 days from the date of
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issuance, the project for which the permit was issued is suspended or abandoned for any reason
within the permit holder's control, or the time frame for conditions of a violation order has
elapsed without compliance. The project shall not recommence until the permit has been
renewed. Such renewal will require submittal of intent to renew the permit, payment of the
applicable fee, and approval of the City.
K. Once final landscaping and all of the requirements or conditions have been
completed and a certificate of occupancy has been issued by the City of Chubbuck Building
Official, the conditions of the permit shall cease. The Building Official may require all
denuded soil to be permanently stabilized prior to the issuance of the certificate of occupancy.
In addition, any charges, fees, clean-up costs and penalties must be paid before issuance of a
certificate of occupancy. The certificate of occupancy for a phased development permit will not
be issued until all lots have been completed or a legal transfer of ownership has occurred.
Notification for a legal transfer of ownership must be made to the City within five working
days of the transfer.
L. In cases where another person wishes to continue or complete work previously
commenced under a permit, said person shall either obtain a new permit or gain transfer of the
previous permit. The original permit holder will be released from the permit once another
person has become responsible for the conditions for erosion and sediment. Such transfers
must be approved by the City.
M. Permits may be transferred to other persons upon approval of the City after
receiving a request for transfer and payment of the applicable fee. The request must contain the
name, address, and telephone number of the person to whom the permit will be transferred. The
involved parties shall be notified of the decision of the City within ten working days. If
approved, all conditions of the permit shall transfer to the new permit holder. If approval is not
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granted, an appeal may be taken under the provisions of Section 8.44.150.
8.44.090 Erosion Control Plans.
A. An erosion control plan submitted with an application for a permit must bear
the signature and certification number of an individual who has successfully completed an
approved training course and who has demonstrated competence, through education, training
and knowledge of the applicable laws and regulations, in erosion and sediment.
B. The City shall review all submitted erosion control plans and issue a permit for
each approved erosion control plan.
C. An erosion control plan may NOT be approved in part. If the erosion control
plan is incomplete when initially submitted, it will be returned to the submitter for completion.
No activity allowed under the subject permit will be allowed until the erosion control plan has
been approved and the permit issued.
D. If an erosion control plan is not approved, a permit will not be issued, and the
applicable construction activity will not be allowed to commence. This decision shall be
communicated to the applicant and a new erosion control plan will be required prior to the
issuance of a permit. An applicant may appeal a decision not to approve an erosion control plan
pursuant to the provisions of Section 8.44.150.
E. Erosion control plans shall include the following:
1. Erosion control report which discusses, with supporting technical
documentation, the strategy of the proposed erosion control plan, and including
significant details of the BMPs which will be utilized. This report shall be typed
except for computational sheets, in good technical form, on 8.5"x11" paper and
bound in a covered binder. Maps, diagrams, and figures, except computer
printouts, shall be clearly labeled and folded to fit within the report. The report
shall contain the title on the outside of the binder and include a title sheet, table of
contents, list of figures and tables, and the narrative or body, in that order. The
narrative shall contain an introduction, analysis, and conclusion.
2. Site drawing of existing and proposed conditions, including:
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a. Property boundaries and lot lines.
b. North arrow, scale and date.
c. Excavations, grades, paved areas, pond elevations, structures and utilities.
d. Drainage easements.
e. Benchmark.
f. Surface water and wetlands, drainage patterns and watershed boundaries, if
present.
g. Location of vegetative cover.
h. Location of BMPs.
3. Topographic survey showing drainage and irrigation water conveyance systems
and finished grade contours at two foot intervals. Sites less than one acre, with
less than two percent cross grades, may submit grade spot elevations of the
property line and other required points in lieu of the topographic study.
4. Plan of new or modified drainage systems, including system dimensions.
5. Sites located in areas which are sensitive, having slopes in excess of 15%,
erodible soils, or otherwise designated as sensitive by City, state or federal
regulations shall have all erodible soils designated and classified using the Unified
Soil Classification System (USCS). An engineering geology or geotechnical
report, prepared by a registered geologist or geotechnical engineer, and providing
recommendations for erosion control, is required for all preliminary plats with
additional information required in more complex geotechnic settings.
6. Location and schedule of soil disturbance.
7. A BMP inspection and maintenance schedule.
8. Final vegetation, landscape, and permanent stabilization measures. Plant
species for grasses, forbs and shrubs shall be selected from the City of Chubbuck
"Revegetation Guide" available from the City of Chubbuck Department of Public
Works
9. Name, title, address, and telephone number of the land owner or owner's
representative.
10. Any other information used to prepare the erosion control plan, such as
geologic reports prepared by a registered geologist, maps and geotechnical
engineering reports prepared by a registered engineer, and soil surveys.
Photographs may be included and appropriately labeled.
F. If the applicant submitting an erosion control plan has an approved storm water
management plan which contains the requirements listed above, the applicant may file proof of
the approved storm water management plan in lieu of submitting a new erosion control plan.
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G. Erosion control plans may be modified at the permit holder's request upon an
approved application for modification and payment of the applicable fee. Any modification
deemed by the Director of Public Works to be minor may be approved on site by an authorized
representative without the need for a formal application and fee payment. The authorized
representative shall document the modification on a field report or correction notice, and the
approved plans, with a dated signature.
H. If the City's authorized representative determines the facilities or techniques of
an erosion control plan are not effective or are not sufficient after prior approval, and such
insufficiencies are having an impact on public property or private property not controlled by
the permit holder, or is placing the City of Chubbuck in violation of its NPDES permit, the City
may order a revised plan be submitted within a reasonable time period. If the revised plan is
not acceptable or is not immediately implemented upon approval, the permit may be suspended
or revoked. Any decision of the authorized representative or Director of Public Works
regarding said revised plan may be appealed pursuant to Section 8.44.150.
I. Emergency control measures may be ordered when erosion products are
actually leaving the site or sediment deposition is occurring. These emergency control
measures will not relieve permit holders or applications of the duty to file a revised plan if
required by the City.
8.44.100 Erosion and Sediment Control Standards. The design, testing,
installation, and maintenance of erosion controls, as detailed in the erosion control plan, shall
be in accordance with the City of Chubbuck Storm Water BMP Guidebook, or in the event said
Guidebook is not available, the Idaho Department of Environmental Quality Catalog for
Construction BMPs shall provide appropriate references. A checklist of conditions, goals and
expectations for these standards will be maintained by City staff and will be available upon
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request.
8.44.110 Permit Fees.
A. The City of Chubbuck maintains the right to prescribe and regulate the fees or
charges associated with obtaining a permit pursuant to this Chapter. Said fees will be set from
time to time by City Council Resolution.
B. The City of Chubbuck shall set reasonable fees for the application for a permit,
which fees shall be set from time to time by resolution of the City Council. Payment of said
fees shall be required upon initial application, as well as for any requests for modifications of
erosion control plans and requests for variances.
C. The required permit fees shall be based on the nature or size of the permitted
area and are for the purpose of providing administration and enforcement of the provisions of
this Chapter.
D. For a one (1) year period following enactment of this Chapter, permit fees
imposed pursuant to this Chapter shall be reduced by 25 per cent if the applicant has completed
the City's certification course or an accredited training program from another Idaho
municipality. The fee for a permit shall be doubled if the construction activity is commenced
prior to the issuance of the permit, except where an emergency situation has been recognized
by the Director of Public Works. Payment of the doubled fee shall not preclude the City from
taking any other enforcement actions within its authority.
E. The fee necessary to resubmit an application for an expired permit shall be one-
half the regular fee for said permit.
8.44.120 Training and Certification.
A. Any person who successfully completes a City approved training program shall
receive a City of Chubbuck Certificate of Training, upon payment of a required certification
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fee, which fee shall be set from time to time by resolution of theCity Council. This certificate
shall be in card form, with a certification number, and should be carried at all times while on
the site of construction activity. Any person who successfully completes the required training
course within the first year following adoption of this Chapter shall have the set fee of $25.00
waived on a one time basis.
B. Interim certificates can be obtained prior to the completion of a City approved
training program by submitting an enrollment request form to the City with an interim
certification fee, which will be credited towards the cost of future certification. The interim
certification fee shall be set from time to time by resolution of the City Council. An interim
certificate issued by the City shall remain valid until the next regularly scheduled City
approved training program is offered.
C. The enrollment request form for an interim certificate or the training program
shall contain the name, address and telephone number of the person receiving the certification,
as well as that person's employer, and a brief description of the duties performed by the person
intended to receive the certification.
D. All persons in charge of a construction site at the time of adoption of this
Chapter shall have one hundred twenty (120) days to obtain a City of Chubbuck Certificate of
Training or an interim certificate. All subsequent site developments shall have a person
possessing one of these certificates on staff, with direct control and authority, and immediately
available upon the request of a City inspector.
E. A training program must be pre -approved by the City and must include
educational materials on the following subjects:
1. Ecological and resource value of the waters of the state and the U.S.;
2. The proper and effective methods of erosion and sediment control
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implementation and maintenance, and the benefits of such;
3. Recognition of improperly implemented erosion and sediment control BMPs
and the methods of correction;
4. The purpose and provisions of any laws, regulations, and ordinances on erosion
and sediment control, including this Chapter;
5. A description of sediment as a pollutant;
6. The processes of erosion, sediment transport, and sediment deposition;
7. The required responsibilities of supervisory and enforcement personnel
pursuant to this Chapter;
8. The effect of storms on erosion control measures;
9. Emergency remedial action;
10. Dewatering practices;
11. Management of hillsides;
12. Proper measures for areas subject to flooding, including those outside the
flood plain; and
13. The difference between erosion control and sediment control.
F. A City of Chubbuck Certificate of Training shall be valid for three years from
the date of issuance. A change of employment has no effect on the validity of the certificate.
A certificate holder must attend the next available training program after three years has
elapsed in order to renew the certificate. If the certificate holder does not attend a training
program as directed, the certificate shall expire the day following said next available training
program after expiration.
G. Certifications from other cities, states, or associations may be accepted upon
approval of the City, when the applicant can demonstrate the prior certification was based on
standards similar to those found in this Chapter.
H. Lost certification cards will be replaced by the City for a lost card fee. A lost
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card fee shall. be set by the City Council resolution.
8.44.130 Training Instructors.
A. For a training program to be approved, it must be taught by an approved
instructor, certified by the City. A person may apply for certification by submitting a letter of
application, an application fee, and a resume detailing educational history and experience in the
area of erosion control. The applicant must be able to demonstrate knowledge of the principles
of:
1. Erosion;
2. Sediment transport and deposition;
3. Erosion and sediment control technology, implementation, and maintenance;
and
4. Chubbuck Municipal Code regulating erosion and sediment control, including
this Chapter.
B. The City shall determine approval of a request for instructor certification by an
analysis of the person's demonstrated competence, experience, education, training, and
understanding of the applicable laws, regulations and ordinances.
issuance.
C. An instructor's certification shall be valid for three years from the date of
D. After each class held by a certified training instructor, the instructor shall
notify the Director of Public Works of all persons who have successfully completed the
program, including their names, addresses, telephone numbers, and employers. Certification
cards will be sent by the Director to applicants who have successfully completed the program.
8.44.140 Waivers and Variances.
A. The City may waive or modify the requirement for all or part of the erosion
control plan upon a determination that the plan or requirement is unnecessary due to the size,
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character or natural conditions of a site. This determination will be made based on submitted
materials and documents from the applicant and, as needed, by a site visit by representatives of
the City.
1. To obtain a waiver or modification, a written request must be submitted to the
City, together with the completed permit application and the applicable fees,
detailing each requirement for which a waiver or modification is sought, the
reasons for the requested waiver or modification, and the potential impact of the
waiver or modification.
2. The City may place conditions upon a grant of waiver or modification deemed
necessary to substantially secure the objectives of the standards or requirements
being waived or modified.
3. The City shall be responsible for ensuring that a waiver or modification would
not adversely affect the public welfare or the interests of the City, and the general
intent of this Chapter is preserved.
4. A request for waiver or modification, and the decision of the Director of Public
Works related to such request shall be enclosed with and made part of the permit
application and erosion control plan.
5. A denial of the waiver or modification may be appealed in accordance with the
requirements of Section 8.44.150
B. If undue hardship would result from strict application of the requirements of
this Chapter, a variance may be requested.
1. The variance request must be submitted in writing to the Director of Public
Works together with the applicable permit fee, and must detail the reason for the
requested variance, including documentation, if necessary.
2. If a request for variance is denied, the denial may be appealed in accordance
with the requirements of Section 8.44.150.
3. A variance shall not be considered a right or special privilege.
8.44.150 Appeals.
A. Any person notified of a violation of this Chapter and ordered to perform
corrective actions or other activities, or denied a request for waiver, modification, or variance
(hereinafter "applicant"), or had a permit suspended or revoked, may request a reconsideration
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W
of the order and denial within ten business days of receipt of the decision.
B. A request for reconsideration shall be made in writing to the City and shall
include the name and mailing address of the applicant, the specific detail as to the decision or
order in question, and the reason the decision or order should be reconsidered.
C. The City may render a decision based upon the record on file with the City,
may take additional evidence and testimony to render a decision to affirm, modify or withdraw
the order or decision, or may deny the request for reconsideration.
D. For reconsideration of decisions on variance or waiver requests, no additional
testimony or supporting evidence shall be considered by the City, absent a showing by the
applicant that the new information was not reasonably known by the applicant at the time of the
original request for variance or waiver.
E. The City shall issue a decision on the request for reconsideration within fifteen
business days of receipt of said request. The decision shall be made in writing and shall be
served upon the applicant by regular mail at the address provided by the applicant.
F. The City's denial of reconsideration, or decision to affirm or modify the
original order or decision, may be appealed by the applicant to the City Council. The appeal of
the City's decision must be in written form and submitted to the City Clerk's office within five
business days of receipt of said decision to be appealed in the form provided in subsection B
above. The applicant shall have the right to address the City Council at the next available
public hearing to dispute the decision of the City. The City Council may affirm, modify, or
overturn the decision of the City, or may remand the issue back to the City for further
proceedings, or for clarification of certain matters.
8.44.160 Inspections. All construction activities which require a permit under
this Chapter shall be subject to the inspection provisions provided herein.
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A. The City maintains the right to inspect any site of construction activity that has
been issued a permit under this Chapter or is required to have a permit issued under this
Chapter.
B. Sites operating with a site specific permit or a special site permit shall be
required to undergo and pass a City inspection upon completion of the installation of perimeter
erosion and sediment controls, and upon completion of the final grading and the permanent
drainage and erosion control facilities. The permit holder shall be responsible for scheduling
these inspections through the City of Chubbuck. Inspections must be requested a minimum of
24 hours prior to the desired time of inspection, excluding Saturdays, Sundays, and holidays.
The City shall ensure an inspection is done within 24 hours of a request, excluding Saturdays,
Sundays and holidays. Additional inspections may also occur as deemed necessary by the City.
C. When an inspection is required under this Chapter, no work shall proceed until
completion of the inspection and approval from the authorized enforcement agent conducting
the inspection.
D. A complaint of violation shall be promptly investigated by inspection. The
complainant shall be notified of the results of the inspection in writing, and said written results
and any enforcement action taken shall be retained in the City's permit file.
8.44.170 Administrative Enforcement. In addition to any other remedies under
this Chapter, a person or permit holder in violation of this Chapter may be subject to
administrative enforcement procedures. The administrative enforcement procedures are not a
prerequisite to any other remedy under this Chapter and if administrative enforcement is
undertaken, any of the following procedures may be utilized regardless of the order in which
they appear in this section.
A. If the authorized enforcement agent determines a violation of the approved
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erosion control plan is occurring or has occurred, the permit holder, or the designated
authorized agent of the permit holder, may be notified by a Correction Notice or Notice of
Violation. Both notification documents contain a description of the required corrective action
and provide a time period in which the corrective action must be completed. A Correction
Notice will not require a signature from the owner of the site or an agent representing the
owner; however, a Notice of Violation shall require the signature of the owner of the site or an
agent representing the owner.
B. If the corrective action requested in a Correction Notice or Notice of Violation
is not completed in the specified time period, a Stop Work Order may be issued by the City.
The authorized enforcement agent shall determine the extent of the order, which may include
all work except the corrective action. Once a Correction Notice and/or a Notice of Violation
have been issued to a permit holder, if continuous violations occur on the permitted project,
Stop Work Orders or a citation may be issued without further issuance of a Correction Notice
or Notice of Violation. The permit holder may be requested by the Director of Public Works to
respond in writing to multiple violations.
C. If no reasonable effort at corrective action is made, or if necessitated by
emergency, the authorized enforcement agent may cause the corrective action to be performed
and shall assess the actual and administrative costs of such performance against the property
owner of the site.
D. A Stop Work Order may be issued at any time if work is being done without a
valid, current permit.
E. Administrative costs may be assessed to the property owner of the site if any
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administrative enforcement action is undertaken.
8.44.180 Violations Constitute Misdemeanors. The knowing violation of any
provision or failure to comply with any requirement, of this Chapter shall constitute a
misdemeanor and may be punishable by a fine up to $1,000.00, imprisonment in the county jail
up to six months, or both. Each day on which a violation occurs may constitute a separate
criminal offense.
8.44.190 Violations Deemed a Public Nuisance.
A. In addition to any other remedies and penalties provided for by this Chapter,
any condition caused or permitted to exist in violation of this Chapter shall be considered a
threat to the public health, safety, welfare, and environment, and may be declared and deemed
a nuisance by the City.
B. Any condition deemed a nuisance by the City or an authorized enforcement
agent may be summarily abated and/or restored by the City and civil actions may be taken to
abate, enjoin, or otherwise compel the cessation of such nuisance.
C. The cost of abatement and restoration shall be borne by the owner of the
property or the permit holder for work done on the property, and shall be a lien upon and
against the property and such lien shall continue until paid.
D. The City shall seek from the violator, the payment of all costs of investigation,
administrative overhead, out-of-pocket expenses, cost of administrative hearings, costs of suit
and reasonable attorney's fees for all administrative or civil proceedings for nuisance violations
in which the City is the prevailing party, as authorized by state law.
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8.44.200 Civil Actions for Violations. In addition to any other remedies
provided for by this Chapter, any violation of this Chapter may be enforced by civil action
brought by the City. In any such action, the City may seek any or all of the following:
A. Temporary and/or permanent injunction;
B. Assessment of the violator for the costs of any investigation, inspection, or
monitoring survey which led to the establishment of a violation, and for the reasonable costs of
preparing and bringing legal action under this provision;
C. Costs incurred in removing, correcting, or terminating the adverse effects
resulting from a violation;
D. Compensatory damages for loss or destruction to water quality, wildlife, fish
and aquatic life;
E. Assessments and recovered damages under this provision shall be used
exclusively for costs associated with implementing or enforcing this Ordinance.
8.44.210 Concealment. Causing, permitting, aiding, abetting, or concealing a
violation of any provision of this Chapter shall constitute a violation of such provision.
8.44.220 Nonexclusive Remedies. All remedies and penalties under this Chapter
are in addition to, and do not supersede or limit, any and all other remedies and penalties, both
civil and criminal. The remedies and penalties provided for herein shall be cumulative and not
exclusive.
8.44.230 Acts Resulting in Violation of Federal Laws and Regulations. Any
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person who violates any provision of this Chapter, any provision of any permit issued pursuant
to this Chapter, or discharges any pollutant or causes pollution, or violates a cease and desist
order or any requirement or prohibition, may also be in violation of federal laws or regulations,
and may be subject to the sanctions of those laws or regulations, including civil or criminal
penalties, notwithstanding any legal action taken by the City.
8.44.240 Disclaimer of Liability. The degree of protection required by this
Chapter is considered reasonable for regulatory purposes and is based on scientific,
engineering, and other relevant technical considerations. The standards set forth herein are
minimum standards and this Chapter does not imply that compliance will ensure against all
unauthorized discharge of pollutants. This Chapter shall not create liability on the part of the
City, any agent or employee thereof for any damages that result from reliance on this Chapter.
ADMINISTRATIVE PROVISIONS
Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the
City and any provision of the Municipal Code which are in conflict with the provisions of this
Ordinance are repealed to the extent of such conflict.
Section 2. Severability. The sections of this ordinance are severable. The invalidity
of a section shall not affect the validity of the remaining sections.
Section 3. Effective Date. The rule requiring an ordinance to be read on three
separate days, one of which shall be a reading in full, is dispensed with, and this Ordinance
shall become effective upon its passage, approval and publication.
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PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY
OF CHUBBUCK, IDAHO, this 10TH day of FEBRUARY , 2009.
*teven
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6: Y , .
ATTEST:
a0vi, � Cp-v-t-L-
Ron Conlin, City Clerk
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SUMMARY OF ORDINANCE NO. 664
An ordinance of the City of Chubbuck, a municipal corporation of Idaho, enacting a new
Chapter 8.44, " Construction Site Sediment and Erosion Control "; establishing regulations to
control non -storm water discharges to the city's storm drainage system; establishing methods to
control and restrict the introduction of pollutants into the municipal storm sewer system;
providing regulations in order to comply with requirements of the city's national pollutant
discharge elimination system permit; providing definitions; providing for erosion control permits
and control plans; providing for erosion and sediment control standards; providing for permit
fees; providing for waiver and appeal processes; providing misdemeanor penalties for violations;
providing for remedies through civil actions; repealing prior conflicting ordinances; providing for
the severability of the provisions of this ordinance; and providing when this ordinance is
effective.
The full text of this ordinance is available at the City Clerk's Office, Chubbuck City
Offices, 5160 Yellowstone, Chubbuck, ID 83202.
I have reviewed the foregoing summary and believe it provides a true and correct
summary of Ordinance No. 664 and that the summary provides adequate notice to the public of
the contents of this ordinance.
DATED this day of I, 2009.
SUMMARY OF ORDINANCE NO. 664 - Page 1
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