[Ord. No. 05-422 §1, 8-8-2005]
A.
Title. These regulations shall be known as the "Land Disturbance
Code" of the Village of Marlborough, Missouri, hereinafter referred
to as "this code".
B.
Introduction. On construction or land disturbance sites,
soil is highly vulnerable to erosion by wind and water. Eroded soil
endangers water resources by reducing water quality and causing the
siltation of aquatic habitat for fish and other desirable species.
Deposits of eroded soil also necessitate maintenance of sewers and
ditches and the dredging of lakes. In addition, clearing and grading
during construction cause the loss of native vegetation necessary
for terrestrial and aquatic habitat. Construction activities also
utilize materials and generate wastes which, if not properly controlled,
can pollute receiving waters.
C.
Purpose. The purpose of this code is to safeguard persons,
protect property and prevent damage to the environment in the Village.
This code will also promote the public welfare by guiding, regulating
and controlling the design, construction, use and maintenance of any
development or other activity that disturbs or breaks the topsoil
or results in the movement of earth on land in the Village.
D.
Scope. This code provides for the safety, health and welfare
of the public by regulating and controlling the design, construction,
use and maintenance of any development or other activity that disturbs
land surfaces or results in the movement of earth in the Village.
[Ord. No. 05-422 §1, 8-8-2005]
For the purpose of this code, the following terms, phrases,
words and their derivations shall have the meanings given herein.
Where terms are not defined by this Section, such terms shall have
ordinarily accepted meanings such as the context implies.
Practices, procedures or a schedule of activities to reduce
the amount of sediment and other pollutants in stormwater discharges
associated with construction and land disturbance activities.
Any activity that removes the vegetative surface cover.
The "Land Disturbance Code" of the Village of Marlborough,
Missouri, as amended.
A parcel or contiguous parcels where land disturbance activities
are performed as part of a proposed development.
St. Louis County, Missouri.
The County Department of Highways and Traffic acting through
its Director or his/her duly authorized designee.
The County Department of Planning acting through its Director
or his/her duly authorized designee.
The County Department of Public Works acting through its
Director or his/her duly authorized designee.
Any channel that conveys surface runoff through a site.
The wearing away of land surface through the action of wind
or water.
Any best management practices (BMP) that prevents or minimizes
erosion.
Reshaping the ground surface through excavation and/or fill
of material.
Clearing, grading or any related work which results in removal
of the natural site vegetation and destruction of the root zone or
otherwise results in leaving the ground surface exposed to soil erosion
through the action of wind or water.
Any land disturbance activity involving one (1) acre or more
of land or a site involving less than one (1) acre that is part of
a proposed development that will ultimately disturb one (1) acre or
more.
Any land disturbance activity involving less than one (1)
acre of land.
A permit issued by the authority having jurisdiction authorizing
a land disturbance activity at a specific site subject to conditions
stated in the permit. A permit may be for either major or ordinary
land disturbance activities.
A barrier that prevents sediment from leaving a site by filtering
sediment-laden runoff or diverting it to a sediment trap or basin.
Clearing a parcel of land in distinct stages, with the stabilization
of each phase substantially completed before the clearing of the next.
A Missouri licensed professional engineer or other person
or firm knowledgeable in the principles and practices of erosion and
sediment control including the best management practices described
in this code.
The fraction of total rainfall that exits at the outfalls
from a site.
Any best management practices (BMP) that prevents eroded
sediment from leaving a site.
The use of best management practices (BMP) that prevent exposed
soil from eroding from a land disturbance site.
The first (1st) land disturbance activity associated with
a development.
A management plan, the purpose of which is to ensure the
design, implementation, management and maintenance of best management
practices (BMP) in order to reduce the amount of sediment and other
pollutants in stormwater discharges associated with land disturbance
activities, comply with the standards of the County and ensure compliance
with the terms and conditions of the applicable State permits, including
adherence to the land disturbance program contained in Missouri MS4
NPDES permits.
The Village of Marlborough, Missouri, or its contractual
agents.
A natural or artificial channel or body of water including,
but not limited to, lakes, ponds, rivers, streams, ditches and other
open conveyances that carry surface runoff water either continuously
or intermittently.
[Ord. No. 05-422 §1, 8-8-2005]
A.
Contracting With St. Louis County. The Village may contract
with the St. Louis County Department of Public Works, with the approval
of the Board, to authorize the County to provide appropriate services
to enforce the requirements of this code and further to collect fees
for applicable permits and inspections issued or made pursuant to
such contracts.
B.
Zoning Approval. Before the County undertakes any enforcement
or other actions under an agreement with the Village, it shall verify
that all plans for land disturbance activities within the corporate
limits of the Village of Marlborough have been reviewed and approved
by the Village for compliance with its zoning or other Village regulatory
ordinances or provisions prior to issuance of a County permit under
this code.
[Ord. No. 05-422 §1, 8-8-2005]
Other Laws. The provisions of this code shall
not be deemed to nullify any provisions of Village, State or Federal
law.
[Ord. No. 05-422 §1, 8-8-2005]
A.
The Village. The Village of Marlborough shall have the authority
and responsibility to perform the following functions related to the
enforcement of this code:
1.
Plan
review of major land disturbance activities;
2.
Plan
review and inspection of land disturbance activities related to construction,
repair, maintenance or condition of roadways and roadway right-of-ways
which are maintained by the Village; and
3.
Plan
review of land disturbance activities within or abutting areas designated
100-year floodplain.
B.
The Department Of Planning. The Department of Planning shall
have the authority and responsibility to perform the following functions
related to the enforcement of this code as associated with major land
disturbance permits:
1.
Receive
applications for major land disturbance permits;
2.
Coordinate
the review of permit applications and accompanying documents with
the Department of Public Works, the Department of Highways and Traffic
and the Metropolitan St. Louis Sewer District (MSD);
3.
Clear
issuance of major land disturbance permits with the Department of
Public Works, the Department of Highways and Traffic and the Metropolitan
St. Louis Sewer District (MSD) and issue such permits; and
4.
Administer
the determination, collection and release of site development escrows
required by this code.
C.
Department Of Public Works. The Department of Public Works
shall have the authority and responsibility to perform the following
functions related to the enforcement of this code:
1.
Inspection
of major land disturbance activities;
2.
Inspection
of land disturbance activities within or abutting areas designated
100-year floodplain; and
3.
Plan
review, inspection and issuance of permits for ordinary land disturbance
activities relating to best management practices (BMP) to be utilized
to control erosion and sedimentation from leaving the site during
construction and other land disturbance activities.
D.
Rulemaking Authority. The Village and those County departments having enforcement authority and responsibilities described in Section 411.050 of this Code shall have the authority, as necessary in the interest of public health, safety and general welfare, to adopt and promulgate rules and regulations to interpret and implement the provisions of this code in order to secure the intent thereof and to designate requirements applicable because of local climatic or other conditions. Such rules and regulations shall not have the effect of waiving requirements specifically provided for in this code or of violating accepted engineering practices involving the purpose of this code. Such rules and regulations are incorporated herein by reference.
[Ord. No. 05-422 §1, 8-8-2005]
A.
Unlawful Acts. It shall be unlawful for any person, firm
or corporation to perform any land disturbance activities or cause
or allow same to be done in conflict with or in violation of any of
the provisions of this code.
B.
Notices Of Violations. When the Department of Public Works,
the Department of Planning or the Department of Highways and Traffic
determines that a violation of this code exists, the respective Director
shall notify the violator. The notification shall be in writing and
shall be delivered to the violator or his/her legally authorized representative
or mailed to his last known address via first class mail postage prepaid.
Any person having been notified that a violation exists and who fails
to abate the violation within ten (10) days after notification shall
be subject to the penalties enumerated in Sections 104.4 and 104.4.1
of the SLCRO.
C.
Prosecution Of Violation. If the violator does not abate
the violation promptly, the Village or its agent, St. Louis County,
shall request the Village Attorney or prosecuting attorney to institute
the appropriate proceeding at law or in equity to restrain, correct
or abate such violation.
D.
Violation, Penalties. Any person, firm or corporation who
shall violate any provision of this code or who shall fail to comply
with any of the requirements thereof or who shall perform work in
violation of the approved construction documents or the stormwater
pollution prevention plan or any directive of the Village or of a
permit or certificate issued under the provisions of this code or
shall start any work requiring a permit without first obtaining a
permit therefore or who shall continue any work in or about a structure
after having been served a stop work order, except for such work which
that person, firm or corporation has been directed to perform to remove
a violation or unsafe conditions, or any owner of a property or any
other person who commits, takes part or assists in any violation of
this code or who maintains any property on which such violation shall
exist shall be guilty of a misdemeanor punishable by a fine of not
more than one thousand dollars ($1,000.00) or by imprisonment not
exceeding ninety (90) days, or both such fine and imprisonment. Each
day that a violation continues shall be deemed a separate offense.
E.
No Permit Penalty. In addition to the penalties set out
above, the following procedure shall be followed where the Village
determines that work has been started prior to the acquisition of
a permit required by this code:
1.
The
Village shall issue a stop work order.
2.
The
Village shall notify the violator of his/her assessment regarding
the appropriate penalty amount to be assessed against the violator,
which shall not exceed one thousand dollars ($1,000.00) for each day
that work occurs without a permit. In making the assessment, the Village
shall consider whether the violator has previously violated this code
and whether the occupation or experience of the violator indicates
that he/she knew or should have known that a permit was required.
In no case will a no permit penalty be assessed against a property
owner unless he/she actually performed the work involved.
3.
At the
violator's option, he/she may deposit the assessed penalty amount
in escrow (certified check or cash only) with the Village, in which
case the violator's right to a hearing will be preserved.
4.
No permit
penalties are appealable to the Building Commission of St. Louis County
in the same manner as other decisions of the County. The Village may
revise its assessment upon notice to both the Building Commission
and the violator at any time prior to the hearing. Likewise, at any
time prior to the hearing, the violator may accept and pay the recommended
penalty amount and the hearing will be canceled.
5.
At the
hearing before the Building Commission, said Commission shall afford
both the Village, by and through its agents, St. Louis County Department
of Planning and/or Public Works and the alleged violator an opportunity
to present any evidence or make any statements they wish to have considered.
6.
Following
the hearing the Building Commission shall determine whether a permit
was required:
a.
If
the Building Commission determines that a permit was required, an
appropriate penalty amount shall be assessed, taking into account
the same considerations as noted above. The stop work order shall
remain in full force and effect until such time as the penalty amount
is paid and the violator has complied with all other regulations pertaining
to the issuance of permits.
b.
If
the Building Commission determines that no permit was required, the
Village shall immediately cancel the stop work order.
F.
Abatement Of Violation. The imposition of the penalties
herein prescribed shall not preclude the Village from instituting
appropriate action to prevent unlawful construction or to restrain,
correct or abate a violation or to prevent illegal use of a property
or to stop an illegal act.
G.
Permit Suspension Or Revocation. When a land disturbance
activity is conducted in violation of the requirements of this code
or the terms of the permit in such a manner as to materially adversely
affect the safety, health or welfare of persons or materially be detrimental
or injurious to property or improvements, the Village may suspend
or revoke such permit.
H.
Stop Work Order. Upon notice from the Village or its agent,
St. Louis County, that work on any property is being prosecuted contrary
to the provisions of this code or in an unsafe and dangerous manner,
such work shall be immediately stopped. The stop work order shall
be in writing and shall be given to the owner of the property involved
or to the owner's agent or to the person doing the work and shall
state the conditions under which work will be permitted to resume.
I.
Unlawful Continuance. Whenever the Village finds that any land disturbance activity is being prosecuted contrary to the provisions of this code or in an unsafe and dangerous manner, the owner or the person performing such activity shall immediately stop such activity. The stop work order shall be in writing and shall be given to the owner of the property involved or to the owner's agent or to the person doing the work and shall state the conditions under which work will be permitted to resume. Any person who shall continue any work in or about the property after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as specified in Subsections (D) or D(1) of this Section.
[Ord. No. 05-422 §1, 8-8-2005]
A.
Application For Appeal. Any person shall have the right
to appeal a decision of the Village. An application for appeal shall
be based on a claim that the intent of this code or the rules or regulations
adopted thereunder have been incorrectly interpreted or the provisions
of this code do not apply.
B.
Filing Procedure. All appeals shall be filed in writing
with the Department of Public Works. All appeals shall be filed within
thirty (30) days after the decision to be appealed is rendered by
the departments identified in this Section.
C.
Filing Fee. All appeals must be accompanied by a fee in
the amount specified in Chapter 1100, SLCRO 1974, as amended.
D.
Notice Of Meeting. The Commission shall meet upon notice
from the Chairman within ten (10) days of the filing of an appeal
or at stated periodic meetings.
E.
Open Hearing. All hearings before the Commission shall be
open to the public. The appellant, the appellant's representative,
the Village and any person whose interests are affected shall be given
an opportunity to be heard.
F.
Procedure. The Commission shall adopt and make available
to the public through the Secretary procedures under which a hearing
will be conducted. The procedures shall not require compliance with
strict rules of evidence but shall mandate that only relevant information
be received.
G.
Commission Decision. Decisions by the Commission to reverse
or modify a decision by the Village requires a minimum vote of three
(3) members.
H.
Resolution. The decision of the Commission shall be in writing.
Copies shall be furnished to the appellant and to the County department(s)
having enforcement authority and responsibilities described in Section
103.0 of the SLCRO.
I.
Administration. The applicable County department acting
on behalf of the Village shall take immediate action in accordance
with the decision of the Commission.
J.
Court Review. A party adversely affected by a decision of
the Commission may appeal to an appropriate court from such decision.
Application for review shall be made in the manner and time required
by law following the filing of the decision.
[Ord. No. 05-422 §1, 8-8-2005]
A.
Village Permit Required. Any person who intends to conduct any land disturbance activity must obtain a permit prior to beginning the activity. The type of permit shall be as required by Sections 411.080(A)(1) or 411.080(A)(2) in this Code.
1.
Major land disturbance permit. No person shall perform any
major land disturbance activity prior to receipt of a major land disturbance
permit. Applications for major land disturbance permits shall be filed
with the Department of Planning.
2.
Ordinary land disturbance permit. No person shall perform
any ordinary land disturbance activity prior to receipt of an ordinary
land disturbance permit. Applications for ordinary land disturbance
permits shall be filed with the Department of Public Works.
a.
Building permit and related ordinary land disturbance activities. The Village may include ordinary land disturbance activities associated
with the construction of a building, structure or parking lot authorized
by a permit issued under the Building Code as an integrated permit
for the proposed construction.
B.
Limitation On Transfer Of Land Disturbance Permits. Any
person who buys land from a person who has been issued a land disturbance
permit under Sections 106.1.1 or 106.1.2 of the SLCRO must obtain
a separate land disturbance permit from the County.
Exceptions:
1.
Major
land disturbance permits may be transferred to a new land owner provided
the original permit holder obtains the approval of the Department
of Planning to retain responsibility for the land disturbance activities
on such property.
2.
Ordinary
land disturbance permits may be transferred to a new land owner provided
the original permit holder obtains the approval of the Department
of Public Works to retain responsibility for the land disturbance
activities on such property.
C.
Exceptions — Land Disturbance Permits Not Required. Land disturbance permits are not required for the activities identified
as items (a) and (h) in this Subsection, nor are such permits required
for the activities identified in items (b), (c), (d), (e), (f) and
(g), provided the activity does not alter, or cause to be altered,
the present surface of the ground:
1.
By any
cut or fill at the property line;
2.
By any
cut or fill that would permanently divert one drainage area to another
drainage area;
3.
By any
cut or fill which would deposit mud or harmful silt or create erosion
or damage to adjoining properties; or
4.
By any
cut or fill that would block or affect an existing swale or drainage
path in a manner to cause damming and ponding.
a.
Any
emergency activity that is immediately necessary for the protection
of life, property or natural resources.
b.
Existing
farming, nursery and agricultural operations conducted as a permitted
or accessory use.
c.
Excavation
or fill of less than thirty (30) cubic yards provided the land disturbance
activity is for the improvement of the property. Erosion and sediment
control measures shall be provided when necessary, until grass or
other vegetation is established or other approved means of ground
cover means are used.
d.
Land
disturbance activities associated with additions to and accessory
structures for one- and two-family dwellings.
e.
Land
disturbance activities less than two thousand (2,000) square feet
in area.
f.
Removal
of existing or dying grass or similar vegetation by disturbing not
more than ten thousand (10,000) square feet and resodding or reseeding
with new landscaping to include preparation of the seed bed; provided
erosion and sediment control measures are provided until the grass
or other vegetation is established. Any cut or fill in conjunction
with the preparation of the seedbed shall not exceed thirty (30) cubic
yards.
g.
Gardening
and similar activities on property occupied by one- or two-family
dwellings.
h.
Land
disturbance activities by any public utility for the installation,
inspection, repair or replacement of any of its equipment or for its
collection or distribution lines or piping systems; provided erosion
and sediment control measures are provided until grass or other vegetation
is established or other approved ground cover means are used. This
exception does not apply to any land disturbance activity associated
with work that requires a building permit.
D.
State Of Missouri Permits Required. The permit applicant
must obtain a land disturbance permit from the State of Missouri Department
of Natural Resources for any site where one (1) acre or more of land
will be disturbed, before beginning any site work authorized by a
County permit. This requirement applies to sites of less than one
(1) acre that are part of a proposed development that will ultimately
disturb one (1) acre or more.
[Ord. No. 05-422 §1, 8-8-2005]
A.
Permit Applications. Applications for land disturbance permits
required by this code shall be in the form prescribed by and accompanied
by the site plans and documents determined necessary by the County
department responsible for issuing the permit. Such applications shall
include proof that proposed land uses have received zoning approvals
from the County or the municipality in which the land disturbance
activities will occur.
B.
Storm Water Pollution Prevention Plan Required (SWPPP) For Major
Land Disturbance Permits. All applications for major land
disturbance permits shall be accompanied by a stormwater pollution
prevention plan prepared for the specific site by or under the direction
of a qualified professional. The application shall contain a statement
that any land clearing, construction or development involving the
movement of earth shall be in accordance with the stormwater pollution
prevention plan and the applicant will assume and acknowledge responsibility
for compliance with this code and the stormwater pollution prevention
plan at the site of the permitted activity.
C.
Required Site Development Escrows For Major Land Disturbance Permits. Applicants for major land disturbance permits shall file a site
development escrow in the form of a letter of credit or other improvement
security acceptable to the Village in an amount deemed sufficient
by the Village to cover all costs of improvements, landscaping and
maintenance of improvements for such period as specified by the Village.
The site development escrow shall include engineering and inspection
costs sufficient to cover the cost of failure or repair of improvements
installed on the site.
1.
Release of escrows — project closure. Any site development
escrow will not be fully released to the property owner, site operator
or permit holder until all of the following have been completed:
a.
All
temporary stormwater control best management practices (BMP) have
been removed and the site has been fully stabilized.
b.
All
permanent stormwater control best management practices (BMP) have
been completed.
c.
All
final inspections/certifications have been completed by each of the
government jurisdictions involved in authorizing the project.
[Ord. No. 05-422 §1, 8-8-2005]
Issuance Of Permits. Land disturbance permits
shall not be issued until the fees associated with the permit are
paid to the individual County departments as specified in Subsections
(1) — (3) below.
Exception: Individual County departments may
defer all or parts of fees to a later stage of site development.
1.
Department of Planning. Fees for the activities of the Department
of Planning related to land disturbance permits shall be in accordance
with the fee rates set forth in Title X SLCRO 1974 "Planning and Zoning",
Chapter 1003 "Zoning Ordinance" and Title X SLCRO 1974 "Planning and
Zoning", Chapter 1005 "The Subdivision Ordinance of St. Louis County".
2.
Department of Highways and Traffic. Fees for the activities
of the Department of Highways and Traffic related to land disturbance
permits shall be in accordance with the fee rates set forth in Title
XI SLCRO 1974 "Public Works and Building Regulations", Chapter 1105
"Department of Highways and Traffic".
3.
Department of Public Works. Fees for the activities of the
Department of Public Works related to land disturbance permits shall
be in accordance with the fee rates set forth in Title XI SLCRO 1974
"Public Works and Building Regulations", Chapter 1100 "Code Enforcement
Fee Schedules". In applying the code enforcement fee schedule, the
total estimated cost of land disturbance activities shall include
applicable grubbing, site clearing, rough grading, sediment and erosion
control measures, excavating, backfill, final grading, concrete flatwork,
asphalt pavement and final landscaping. The Department of Public Works
may require a bona fide contract(s) or any affidavit of the owner
of the project, in which the applicant and owner verify the total
cost of the site improvements related to the permit. The Department
of Public Works is authorized to establish the fee by determining
the plan review cost and estimating the total number of inspections
required, when in the opinion of the Department of Public Works, the
fee resulting from this method more closely relates to the cost of
enforcing the requirements of this Code.
[Ord. No. 05-422 §1, 8-8-2005]
A.
Content — Storm Water Pollution Prevention Plan (SWPPP). The design requirements in Article II of this code shall be complied with when developing the stormwater pollution prevention plan and the plan shall include the following:
1.
Name,
address and telephone number of the site owner and the name, address
and telephone number of the individual who will be in overall responsible
charge of construction/development activities at the site.
2.
Site
address or location description and parcel identification number(s).
3.
A site
map showing the outlines of the total project area, the areas to be
disturbed, existing land uses, locations and names of surface water
bodies, locations of floodplains, locations of temporary and permanent
best management practices (BMP) and such other information as may
be required by the County department(s) having enforcement authority
and responsibilities described in Section 103.0 of the SLCRO.
4.
Existing
contours of the site and adjoining strips of off-site property and
proposed contours after completion of the proposed land disturbance
and development, based on United States Geological Survey datum, with
established elevations at buildings, walks, drives, street and roads;
and information on necessary clearing and grubbing, removal of existing
structures, excavating, filling, spreading and compacting.
5.
A natural
resources map identifying soils, forest cover and resources protected
under other provisions of County ordinances.
6.
An estimate
of the runoff coefficient of the site prior to disturbance and the
runoff coefficient after the construction addressed in the permit
application is completed.
7.
Estimated
quantity of land to be disturbed.
8.
Details
of the site drainage pattern both before and after major land disturbance
activities.
9.
Access
to construction site.
10.
Description
of best management practices (BMP) to be utilized to control erosion
and sedimentation during the period of land disturbance.
11.
Description
of best management practices (BMP) to be utilized to prevent other
potential pollutants such as construction wastes, toxic or hazardous
substances, petroleum products, pesticides, herbicides, site litter,
sanitary wastes and other pollutants from entering the natural drainage
ways during the period of construction and land disturbance.
12.
Description
of best management practices (BMP) that will be installed during land
disturbance to control pollutants in stormwater discharges that will
occur after land disturbance activity has been completed.
13.
Location
of temporary off-street parking and washdown area for related vehicles.
14.
Sources
of off-site borrow material or spoil sites and all information relative
to haul routes, trucks and equipment.
15.
The
anticipated sequence of construction and land disturbance activities,
including installation of best management practices (BMP), removal
of temporary best management practices (BMP), stripping and clearing;
rough grading; construction utilities, infrastructure and buildings;
and final grading and landscaping. Sequencing shall identify the expected
date(s) on which clearing will begin, the estimated duration of exposure
of cleared areas, areas of clearing, installation of temporary erosion
and sediment control measures and establishment of permanent vegetation.
16.
All
erosion and sediment control measures necessary to meet the objectives
of this code throughout all phases of construction and after completion
of site development. Depending upon the complexity of the project,
the drafting of intermediate plans may be required at the close of
each season.
17.
Seeding
mixtures and rates, types of sod, method of seedbed preparation, expected
seeding dates, type and rate of lime and fertilizer application and
kind and quantity of mulching for both temporary and permanent vegetative
control measures.
18.
Provisions
for maintenance of control facilities, including easements and estimates
of the cost of maintenance.
19.
Plans
for responding to any loss of contained sediment to include the immediate
actions the permit holder will take in case of a containment failure.
This plan must include documentation of actions and mandatory reporting
to the Department of Public Works.
20.
Schedules
and procedures for routine inspections of any structures provided
to prevent pollution of stormwater or to remove pollutants from stormwater
and of the site in general to ensure all best management practices
(BMP) are continually implemented and are effective.
B.
Required Plan Amendments — Storm Water Pollution Prevention
Plan (SWPPP). The permit holder shall amend the stormwater
pollution prevention plan whenever:
1.
Design,
operation or maintenance of best management practices (BMP) is changed;
2.
Design
of the construction project is changed that could significantly affect
the quality of the stormwater discharges;
3.
Site
operator's inspections indicate deficiencies in the stormwater pollution
prevention plan (SWPPP) or any best management practices (BMP);
4.
Inspections
by County or by the Missouri Department of Natural Resources indicate
deficiencies in the stormwater pollution prevention plan (SWPPP) or
any best management practices (BMP);
5.
The
stormwater pollution prevention plan (SWPPP) is determined to be ineffective
in significantly minimizing or controlling erosion or excessive sediment
deposits in streams or lakes;
6.
The
stormwater pollution prevention plan (SWPPP) is determined to be ineffective
in preventing pollution of waterways from construction wastes, chemicals,
fueling facilities, concrete truck washouts, toxic or hazardous materials,
site litter or other substances or wastes likely to have an adverse
impact on water quality;
7.
Total
settleable solids from a stormwater outfall exceeds one-half (0.5)
ml/L/hr if the discharge is within the prescribed proximity of a "valuable
resource water" as defined by the Missouri Department of Natural Resources;
8.
Total
settleable solids from a stormwater outfall exceeds two and one-half
(2.5) ml/L/hr for any other outfall; or
9.
The
County or the Missouri Department of Natural Resources determines
violations of water quality standards may occur or have occurred.
C.
Permit Holder Responsibilities For Administration Of Storm Water
Pollution Prevention Plan (SWPPP). The permit holder shall:
1.
Notify
all contractors and other entities (including utility crews, County
employees or their agents) that will perform work at the site of the
existence of the stormwater pollution prevention plan (SWPPP) and
what actions or precautions shall be taken while on site to minimize
the potential for erosion and the potential for damaging any best
management practices (BMP);
2.
Determine
the need for and establish training programs to ensure that all site
workers have been trained, at a minimum, in erosion control, material
handling and storage and housekeeping;
3.
Provide
copies of the stormwater pollution prevention plan (SWPPP) to all
parties who are responsible for installation, operation or maintenance
of any best management practices (BMP); and
4.
Maintain
a current copy of the stormwater pollution prevention plan (SWPPP)
on the site at all times.
