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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 Ordinance - Page 1 chubbuck122608dust and debris.doc 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, Ordinance - Page 2 chubbuck122608dust and debris.doc 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 Ordinance - Page 3 chubbuck122608dust and debris.doc 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. Ordinance - Page 4 chubbuck122608dust and debris.doc /'1 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. Ordinance - Page 5 chubbuck122608dust and debris.doc n /O� 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 Ordinance - Page 6 chubbuck122608dust and debris.doc ago n 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 Ordinance - Page 7 chubbuck122608dust and debris.doc 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 Ordinance - Page 8 chubbuck122608dust and debris.doc ewN 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. Ordinance - Page 9 chubbuck122608dust and debris.doc 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 Ordinance - Page 10 chubbuck122608dust and debris.doc 1^ n 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 Ordinance - Page 11 chubbuck122608dust and debris.doc ?0-\ 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: Ordinance - Page 12 chubbuck122608dust and debris.doc ^, 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. Ordinance - Page 13 chubbuck122608dust and debris.doc /'N 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 Ordinance - Page 14 chubbuck122608dust and debris.doc 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 Ordinance - Page 15 chubbuck122608dust and debris.doc n 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 Ordinance - Page 16 chubbuck122608dust and debris.doc /'N 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 Ordinance - Page 17 chubbuck122608dust and debris.doc /-%N 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, Ordinance - Page 18 chubbuck122608dust and debris.doc /"11 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 Ordinance - Page 19 chubbuck122608dust and debris.doc 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. Ordinance - Page 20 chubbuck122608dust and debris.doc 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 Ordinance - Page 21 chubbuck122608dust and debris.doc /"\ !"'N 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 Ordinance - Page 22 chubbuck122608dust and debris.doc 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. Ordinance - Page 23 chubbuck122608dust and debris.doc n 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 Ordinance - Page 24 chubbuck122608dust and debris.doc 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. Ordinance - Page 25 chubbuck122608dust and debris.doc PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 10TH day of FEBRUARY , 2009. *teven ! S 6: Y , . ATTEST: a0vi, � Cp-v-t-L- Ron Conlin, City Clerk Ordinance - Page 26 chubbuck122608dust and debris.doc n 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 ch u bb uck021109.su m mary664 (dustan ddebris).wpd