[Ord. No. 03162015B §IV, 3-16-2015]
The purpose of this Chapter is to protect the health, safety,
and property of the citizens of the City of Peculiar and protect waters
of the City and State from pollution resulting from the effects of
erosion and sediment deposition from land disturbances. This Chapter
establishes uniform requirements for land disturbance activities in
order to control the occurrence of erosion and the transportation
of sediment to the City Municipal Separate Storm Sewer System (MS4).
[Ord. No. 03162015B §IV, 3-16-2015]
A.
Authority. The City Engineer shall be responsible
for the administration and enforcement of this Chapter. The City Engineer
may waive the requirements for maps, plans, reports or drawings, if
the City Engineer finds that the information otherwise submitted or
to be submitted will be sufficient to show that the proposed work
will conform to the requirements of this Chapter.
B.
Right Of Entry. Whenever the City Engineer or Codes
Enforcement Officer has cause to believe that there exists, or potentially
exists, in or upon any premises, any condition which constitutes a
violation of this Chapter, the City Engineer and/or Codes Enforcement
Officer are authorized to enter the premises at reasonable times to
inspect or to perform the duties imposed by this Chapter. If entry
is refused, the City Engineer and/or Codes Enforcement Officer shall
have recourse to the remedies provided by law to secure entry.
C.
Erosion And Sediment Control Standards. The City
Engineer shall adopt and maintain erosion and sediment control standards
to assist in the administration of this Chapter. The erosion and sediment
control standards shall be based on, but not limited to, the following
principles:
1.
Fit the development to existing site conditions.
2.
Minimize the extent of exposure.
3.
Minimize duration of exposure.
4.
Break work activities into phases when possible.
5.
When possible, protect disturbed areas from any unnecessary
run-on of stormwater from adjacent sites, at least during the construction
period.
6.
Stabilize disturbed areas.
7.
Keep run-off velocities low.
8.
Retain sediment on the site.
9.
Inspect and maintain control measures.
10.
Use performance measures and outcomes.
11.
Timely employment and maintenance of all measures.
12.
BMPs as identified by the City Engineer.
D.
Time Requirement. Where land disturbance activities
have temporarily or permanently ceased on a portion of a project site
for over twenty-one (21) consecutive days, the disturbed areas shall
be protected from erosion by stabilizing the areas with mulch or other
similarly effective soil stabilizing BMPs, unless the timeframe for
compliance is extended by the City Engineer. Where implementation
of stabilization measures is precluded by snow cover, stabilization
measures shall be initiated as soon as practicable.
E.
Other Pollutants. In addition to sediment, the erosion
and sediment control plan shall provide for the control of other pollutants
related to the land disturbance activity that might cause an adverse
impact to water quality, including, but not limited to, discarded
building materials, concrete truck washout, fuel, hydraulic fluids,
chemicals, litter, and sanitary wastes.
[Ord. No. 03162015B §IV, 3-16-2015]
As used in this Chapter, the following terms shall have the
definitions hereinafter set forth:
A determination by the City Engineer that the document under
review meets the minimum applicable standards.
Best Management Practices.
Stormwater management practice used to prevent or control
the discharge of pollutants and minimize runoff to waters of the City
of Peculiar. BMPs may include structural or non-structural solutions,
a schedule of activities, prohibition of practices, maintenance procedures,
or other management practices.
City of Peculiar, Missouri.
Any activity which removes the vegetative surface cover from
the land.
City of Peculiar Engineering Department.
Any substance disposed, deposited, spilled, poured, injected,
seeped, leached, pumped, dumped, leaked, or placed by any means such
that it can reasonably be expected to enter, intentionally or unintentionally,
into waters of the City or waters of the State, or on any area draining
directly or indirectly into the MS4.
The wearing away of land due to the action of gravity, wind,
water or mechanical forces.
A set of plans prepared by or under the direction of a licensed
professional engineer indicating the specific measures and sequence
to be used to control erosion and sediment on a development site before,
during and after construction.
Federal Emergency Management Agency.
The act of altering the ground surface to a desired grade
or contour by cutting, filling, leveling and/or smoothing.
To dig up and remove the roots, uproot.
Any activity that exposes soil including clearing, grubbing,
grading, excavating, filling and other related activities.
The document issued by MODNR and the City approving the SWPPP
and authorizing land disturbance activity in accordance with the SWPPP.
Maximum Extent Practicable.
MEP refers to management practices, control techniques, system
design and engineering methods for the control of stormwater and reduction
of pollutants. MEP is achieved, in part, through a process of selecting
and implementing different design options with various structural
and non-structural stormwater best management practices (BMPs), where
ineffective BMP options may be rejected and replaced with more effective
BMP options.
Missouri Department of Natural Resources.
Municipal Separate Storm Sewer System.
Those artificial and natural facilities within the City,
whether publicly or privately owned, by which storm water may be conveyed
to a watercourse or waters of the State, including, but not limited
to, any roads with drainage systems, streets, catch basins, natural
and artificial channels, aqueducts, stream beds, gullies, curbs, gutters,
berms, ditches, swales, open fields, parking lots, impervious surfaces
used for parking, or storm drains, however, sanitary sewers are not
included in the definition of the City's separate storm sewer
system.
Notice of violation.
Written notice from the City Engineer or Codes Enforcement
Officer to the permit holder that the construction site is in violation
of approved erosion control measures or SWPPP.
Any alteration of the quality of waters of the City or waters
of the State to a degree that they are rendered harmful, detrimental
or injurious to humans, natural life, vegetation or property, to the
public health, safety and welfare, or otherwise impairs the usefulness
or public enjoyment of waters for any lawful and reasonable purpose,
including interference with the proper functioning of the MS4.
The property owner or person authorized to act on the property
owner's behalf; or any person allowing, causing or contributing
to a violation of this Chapter.
Strips of herbaceous and woody vegetation located parallel
to perennial and intermittent streams and adjacent to open bodies
of water. Riparian buffers capture sediment and other pollutants in
surface runoff water before these enter the adjoining surface waterbody.
Mineral or organic matter generated as a result of erosion.
Measures that prevent eroded sediment from leaving a site.
A parcel of land or a contiguous combination thereof, where
grading work is performed as a single unified operation.
The first land-disturbing activity associated with a development,
including preparation such as clearing, grading and filling; installation
of streets and walkways; excavation for basements, footings, piers
or foundations; erection of temporary forms; and installation of accessory
buildings such as garages.
That upon notice from the City Engineer or the Code Enforcement
Officer, that work on any property that is contrary to the provisions
of this Chapter or in an unsafe and dangerous manner, or in conflict
with the approved construction documents, such work shall be stopped.
Any surface or shallow subsurface flow, run-off, or drainage
consisting entirely of water from rainstorm or frozen precipitation
events.
Storm Water Pollution Prevention Plan.
A plan developed by a qualified professional engineer or
person certified in erosion and sediment control to establish controls
to limit erosion and transport of sediment and other pollutants from
the site. The SWPPP includes a description of all construction activity,
temporary and permanent erosion and sediment control BMPs, permanent
stormwater management and other pollution prevention techniques to
be implemented throughout the life of the construction project.
The standards, required under the Clean Water Act, which
Missouri has adopted to control and remedy water pollution (10 CSR
20-7.031). Water quality standards have three (3) parts: water use
classifications, water quality criteria, and an anti-degradation policy.
Any body of water, including, but not limited to, lakes,
ponds, rivers and streams.
Any and all rivers, streams, creeks, branches, lakes, reservoirs,
ponds, sinkholes, springs, wetlands, wells and channels, and other
bodies of surface or subsurface waters, natural or artificial, lying
within the boundaries of the City.
Any water, surface or underground, lying within the boundaries
of the City over which the Missouri Department of Natural Resources
has authority with respect to Clean Water Law.
A channel that directs surface runoff to a watercourse or
to the public storm water system.
[Ord. No. 03162015B §IV, 3-16-2015]
A.
Any person undertaking land disturbance activities, including the clearing, grading, excavating, filling, storing, and disposing of soil and earth materials, shall comply with the requirements and standards set forth in this Chapter. Permit requirements for land disturbance activities are described in Chapter 500, Article IV land disturbance permits.
B.
Applicability. Regardless of whether or not a land
disturbance activity requires a permit, any person engaged in any
land disturbance activity shall comply with the spirit and intent
of this Chapter. At a minimum, such persons shall employ BMPs for
erosion and sediment control in proportion to the scale of the activity
to reduce the amount of sediment or other pollutants in stormwater
discharges associated with those activities.
C.
Responsible Person(s). The responsible person(s)
are the landowner of the property upon which a land disturbance takes
place and any person(s) performing a land disturbance activity. When
a permit is issued, a landowner is responsible for land disturbance
activities from permit issuance to closure, unless the City approves
a transfer of responsibility to a new landowner when land is sold.
[Ord. No. 03162015B §IV, 3-16-2015]
A.
All proposed land disturbance activity that requires a permit in accordance with Chapter 500, Article IV Land Disturbance Permits, shall be depicted on a site-specific erosion and sediment control plan. Land disturbance activities that do not require a permit in accordance with this Chapter are required to employ applicable BMPs included in standard details provided by the City Engineer. The erosion and sediment control plan shall be submitted to the City Engineer for review and approval in accordance with the procedure described in Subsection (B) below. The plan shall include, at a minimum, the following information:
1.
Proposed site map.
2.
Limits of areas to be disturbed.
3.
Proposed erosion and sediment control BMPs to be employed.
4.
Phasing of erosion and control measures.
5.
Final stabilization plan for each phase.
6.
Details and specifications for any sections of the final storm
sewer system that must be constructed after the removal of BMPs such
as temporary sediment basins.
7.
Work schedule.
8.
Maintenance and inspection requirements.
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The City Engineer may require any additional information or
data deemed appropriate to ensure compliance with the intent, purpose
and provisions of this Chapter.
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B.
Review And Approval Of Erosion And Sediment Control Plans. The erosion and sediment control plan shall be of sufficient clarity
to indicate the location, manner, nature and extent of the work proposed.
The plan shall clearly show that the proposed work will conform to
the provisions of this Title, the erosion and sediment control standards,
and other relevant laws, ordinances, policies, rules and regulations
as determined by the City Engineer. The City Engineer shall review
the submitted documents to determine compliance with the erosion and
sediment control standards. If the City Engineer finds that the plan
is in compliance with this Chapter, the applicant shall be eligible
to request a permit. If the City Engineer finds that the plan is not
in compliance before the plan can be resubmitted to determine compliance
with this Chapter, the City Engineer shall advise the applicant which
elements of the plan are not in compliance.
C.
Preparation Of Plans. Erosion and sediment control plans submitted to the City for review must be prepared under the supervision of and sealed by a licensed professional engineer or landscape architect or by a Certified Professional in erosion and sediment control (CPESC). The engineer or landscape architect must be licensed to practice in the State. The City Engineer may waive this plan preparation requirement if the applicant's plan consists entirely of utilizing Standard Specification and Design Criteria adopted by the City in Chapter 500, Section 500.065.
D.
Amended Plans. Work shall be installed and maintained
in accordance with the approved plan. If erosion control measures
installed per the approved plan do not function as intended, the developer
and/or contractor may make field adjustments to the erosion control
facilities with the approval of the City's Engineer or Codes
Enforcement Officer. Significant design modifications that do not
conform to the general intent of the approved plan must be authorized
by the City Engineer prior to installation.
[Ord. No. 03162015B §IV, 3-16-2015]
A.
Initial Inspection. The permit holder shall notify
the City Engineer when initial erosion and sediment control measures
are installed in accordance with the erosion and sediment control
plan. No land disturbance activities shall begin prior to approval
from the City Engineer that all pre-construction erosion and sediment
control measures are correctly installed per the approved plan. The
contractor shall maintain on the job-site at all times the City-approved
erosion and sediment control plan and the Stormwater Pollution Prevention
Plan as approved by MODNR under the State Operating Permit. Failure
to maintain these records on site will be grounds for a stop work
order.
B.
Maintenance Of Control Measures. All prescribed
erosion and sediment control measures shall be maintained in good
order and in compliance with the erosion and sediment control plan
at all times.
C.
Routine Inspection. It shall be the duty of the
permit holder to routinely inspect the construction site and maintain
effective erosion and sediment control measures. Routine inspections
shall be performed once per month or more frequently if required on
the plan and within twenty-four (24) hours following each rainfall
event of one and half (1/2) inch or more within any twenty-four hour
period. A log shall be kept of these inspections. Any deficiencies
shall be noted in a report of the inspection and include the action
taken to correct the deficiency. Inspection reports shall be kept
on site as part of the Stormwater Pollution Prevention Plan and submitted
to the City Engineer upon request. The inspection report shall include
the following minimum information:
D.
The City Engineer or Codes Enforcement Officer may also perform inspections
of the land disturbance site to verify compliance with the erosion
and sediment control plan. Should it be found that erosion and sediment
control methods are ineffective or are not being maintained properly,
the City Engineer or Codes Enforcement Officer may take enforcement
actions described within this Chapter.
E.
Closure Of Land Disturbance Activities. Once the
land disturbance site is stabilized a final inspection shall be requested
by the applicant. The land disturbance site shall be considered stabilized
when perennial vegetation, pavement, buildings or structures using
permanent materials, cover all areas that have been disturbed. Perennial
vegetation shall be considered established and completed for stabilization
when it has established a healthy and growing stand with a density
of at least seventy percent (70%) of undisturbed areas at the site.
F.
Removal Of Temporary Erosion And Sediment Control Measures. Subsequent to a satisfactory final inspection of the land disturbance,
all temporary erosion and sediment control measures must be removed
and the final segments of the storm sewer system shall be constructed
in the manner described within the approved plans. Such removal shall
be complete prior to closure of the permit which authorized the land
disturbance.
[Ord. No. 03162015B §IV, 3-16-2015]
A.
In General. The City Engineer and Codes Enforcement
Officer shall enforce the provisions of this Chapter through routine
activities that include receiving inspection reports from the permit
holder when requested, inspections, and communication with developers
and/or contractors. However, if these methods fail, the City Engineer
or Codes Enforcement Officer may proceed with any or all of the following
enforcement measures:
1.
Refusal of Inspection. Request for an inspection
of any permitted construction activity may be denied if it is found
that erosion and sediment control measures have not been implemented,
are found to be ineffective, or are not maintained. If an inspection
is refused, a notice of violation or a stop work order may be issued.
No further inspections will be performed until the erosion and sediment
control measures have been implemented or violations of this Chapter
are abated.
2.
Notice of Violation. The City Engineer and
Codes Enforcement Officer are authorized to serve a notice of violation
on any person found to be doing work in violation of the provisions
of this Chapter. Such notice shall direct the discontinuance of the
illegal action or condition and order the abatement of the violation
by the responsible person.
3.
Stop Work Order. The City Engineer and Codes Enforcement Officer are authorized to issue a stop work order for any or all construction activity within the established boundary of the permit. The stop work order shall be in writing and shall be given to the property owner involved, or the property owner's agent or to the person doing the work. In addition, notice of the stop work order shall be posted on the site. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall State the reason for the order and the conditions under which the cited work will be permitted to resume. Any person who shall continue to work after having been served with a stop work order, except such work as that person is directed by the City to perform to remove a violation or unsafe condition, is guilty of a public offense and may be subject to penalties as prescribed in Section 425.090.
4.
Abatement. Should any person fail to comply
with the provisions of this Chapter, the City Engineer or Codes Enforcement
Officer are authorized to correct or abate such violation.
a.
City expenditures to correct or abate a violation shall be assessed
as a fee against the permit holder. The City will keep a record of
the abatement costs. The fee shall be paid prior to recommencement
of work on the site and prior to any further inspections. If the fee
is not paid within thirty (30) days of the date the invoice is sent
to the permit holder, the City Engineer is authorized, as the City
Engineer deems appropriate, to expend additional abatement funds to
provide permanent soil stabilization on the site. Such additional
expenditures shall also be assessed as a fee against the permit holder.
b.
Should the permit become suspended, revoked, or expired with
the fee not paid, all City expenditures to correct or abate the violation
may be assessed against the BMPs Security. Abatement lien and special
assessment and collection procedure shall apply if work is done without
the issuance of a permit. The City Clerk, at the time of certifying
other City taxes, shall certify the unpaid portion of the costs and
the County Clerk shall extend the same on the tax rolls of the County
against the lot or parcel of land.
B.
Violations And Penalties.
1.
Any person who violates a provision of this Chapter, fails to comply with any of the requirements thereof or fails to comply with a directive issued by the City Engineer or Codes Enforcement Officer is guilty of a public offense and shall be subject to penalties as provided in the Section 425.090.
2.
The City Engineer or Codes Enforcement Officer shall be permitted
to cite the property owner, or any/all persons identified on a permit
as being legally responsible to the City for any violations of the
Chapter pertaining to that permit.
[Ord. No. 03162015B §IV, 3-16-2015]
A.
The City Engineer may grant a variance to the erosion and sediment
control standards, provided all of the following conditions are met:
1.
The variance complies with the general spirit and intent of
the erosion and sediment control standards.
2.
The granting of the variance will not adversely affect the rights
of adjacent landowners.
3.
The granting of the variance will not result in substantial
public expense, create nuisances, cause fraud on or cause harm to
the public or conflict with existing local, Federal or State laws,
rules or regulations.
4.
The variance will not adversely affect the public health, safety,
morals, order, convenience, prosperity or general welfare.
B.
Appeals of decisions made by the City Engineer related to erosion
and sediment control standards shall be made to the City of Peculiar
Board of Adjustments.
[Ord. No. 03162015B §IV, 3-16-2015]
The violation of any provision of this Chapter is a misdemeanor,
and any person, firm, association, partnership or corporation convicted
thereof shall be punished by a fine not to exceed five hundred dollars
($500.00); and the City shall further have the authority to maintain
suits or actions in any court of competent jurisdiction for the purpose
of enforcing any provisions of this Chapter and to abate nuisances
maintained in violation thereof; and in addition to other remedies,
institute injunction, mandamus, or other appropriate action or proceeding
to prevent such unlawful erection, construction, reconstruction, alteration,
conversion, maintenance, or use, or to correct or abate such violation,
or to prevent the occupancy of the building, structure, or land. Each
day any violation of this Chapter shall continue shall constitute
a separate offense.
[Ord. No. 03162015B §IV, 3-16-2015]
Other Laws. Neither this Chapter nor any administrative
decision made under this Chapter exempts the permit holder or any
other person from other requirements of this Title, State and Federal
laws, or from procuring other required permits, including any State
or Federal stormwater permits authorized under the NPDES, or limits
the right of any person to maintain, at any time, any appropriate
action at law or in equity, for relief or damages against the permit
holder or any person arising from the activity regulated by this Chapter.
