[Ord. No. 906, Art. V, 7-8-2008]
The USEPA National Pollution Discharge Elimination System (NPDES)
permit program administered by the North Dakota Department of Health
(NDDH) requires that cities meeting certain demographic and environmental
impact criteria obtain an NPDES permit for the discharge of stormwater
from a municipal separate storm sewer system (MS4). The City of Williston
is subject to the NPDES Permit Program and is required to obtain,
and has obtained, an MS4 permit.
As a condition of the City's MS4 permit, the City is obliged
to adopt and enforce a construction site erosion and sediment control
ordinance.
The purpose of this article is to safeguard persons, protect
property, and prevent damage to the environment in the City of Williston.
This article 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 City of Williston.
Unless specifically exempted, these regulations apply to all
lands within the City of Williston and its extraterritorial limits,
in which vegetative cover is removed or disturbed or which fill material
has been brought onto the site requiring stabilization.
The requirements of this article should be considered minimum
requirements, and where any provision of this article imposes restrictions
different from those imposed by any other ordinance, rule or regulations,
or other provision of law, whichever provisions are more restrictive
or impose higher protective standards for human health or the environment
shall be considered to take precedence.
[Ord. No. 906, Art. V, 7-8-2008]
Control measures which prevent or reduce the discharge of
pollutants to water of the state.
Any activity that removes the vegetative surface cover.
Any channel that conveys surface runoff throughout the site.
A permit issued by the City of Williston for construction,
excavating, clearing, and/or any land disturbing activity.
A set of plans indicating the specific measures and sequencing
used to control sediment and erosion on a construction site.
Any type of activity that involves grading, clearing, and/or
moving topsoil, rock, or any other natural surface from property.
This also includes bringing fill material onto the site.
The North Dakota Department of Health.
The North Dakota Department of Transportation.
Erosion control measures which protect neighboring properties
from non-stormwater discharges.
The use of practices that prevent exposed soils from eroding
including but not limited to grass, trees, sod, mulch, or other materials
which prevent erosion and retain moisture.
A plan that is designed to minimize the accumulated erosion
and sediment runoff at a site during construction activities and includes
provisions for additional pollution prevention. The SWPPP is required
by NDDH for stormwater permit for construction areas disturbing one
acre or more.
Any body of water including, but not limited to, lakes, ponds,
streams, and other bodies of water delineated by the City of Williston.
Any and all surface waters that are contained in or flow
in or through the State of North Dakota as defined in NDCC 61-28-02.
This definition includes all watercourses, even if they are usually
dry.
[Ord. No. 906, Art. V, 7-8-2008]
(a)
Unless otherwise exempt, an erosion and sediment control permit will
be required prior to persons engaging in a land disturbing activity
exceeding 5,000 square feet.
(b)
City of Williston, Guide to Erosion and Sediment Control Practices
shall be utilized in the preparation of all documents necessary to
obtain an erosion and sediment control permit.
(c)
The following requirements must be met before the permit will be
granted for land disturbing activities between 5,000 square feet and
one acre:
(1)
Approval of a Grading and Erosion Control Plan (GECP) and issuance
of the erosion and sediment control permit by the City of Williston
Engineering Department.
(d)
The following requirements must be met before the permit will be
granted for land disturbing activities of one acre or more:
(1)
Approval of a Grading and Erosion Control Plan (GECP) and issuance
of the erosion and sediment control permit by the City of Williston
Engineering Department.
(2)
General Permit for Stormwater Discharge Associated with Construction
Activity (NDR10-000) as required by the NDDH for land disturbing activities
of one acre or more.
(3)
Approval of the Stormwater Pollution Prevention Plan by the
City of Williston Engineering Department. The SWPPP is a requirement
of the General Permit for Stormwater Discharge Associated with Construction
Activity.
(e)
All permits will be issued for a period of one year but may be renewed
upon a site inspection and approval by the City Engineer or building
inspector.
(f)
Persons not subject to an erosion and sediment control permit but who are engaging in a land disturbing activity are subject to applying effective best management practices (BMPs) as well as the penalties set forth in § 5-549.
(g)
Exemptions. No erosion and sediment control permit will be required
for the following activities:
[Ord. No. 906, Art. V, 7-8-2008]
Grading and Erosion Control Plan (GECP) for land disturbing
activities between 5,000 square feet and one acre will include:
(a)
Plan must include a legible map identifying area(s) to be disturbed,
slopes, and resources to be protected and also must include nearest
downstream stormwater inlets, drainage ways, and neighboring property
lines. The plan must include the BMPs that will be utilized for erosion
and sediment control. The plan must also include the name, address,
and phone numbers of the parties responsible for the project site.
This plan must be approved by City Engineer and BMPs must be in place
before any grading begins. An erosion and sediment control permit
will be issued by the City of Williston following the approval of
the GECP.
[Ord. No. 906, Art. V, 7-8-2008]
Grading and Erosion Control Plan (GECP) for land disturbing
activities of one acre or more will include:
(a)
The SWPPP in § 5-542(d)(3) above will be required for submittal as the GECP for this section.
(b)
All BMPs necessary to achieve soil stabilization on the site itself
and including stock piles of any soil, rock, or any additional landscaping
materials on the site. The plan will also include a designated entry/exit
point, a concrete washout area on the site, measures to protect nearest
downstream stormwater inlet(s), and an explanation of the measures
necessary to prevent mud-tracking from vehicles and equipment onto
the street.
(c)
All BMPs must be in place before any grading begins.
(d)
Dates for final stabilization by grading permit holder.
(e)
An erosion and sediment control permit will be issued by the City
of Williston following the approval of the SWPPP.
[Ord. No. 906, Art. V, 7-8-2008]
[Ord. No. 906, Art. V, 7-8-2008]
(a)
All soil disturbing activities at the site have been completed and
either of the two following criteria are met:
(1)
Uniform (e.g., evenly distributed, without large bare areas)
perennial vegetative cover with a density of 70% of the native background
vegetative cover for the area has been established on all unpaved
areas and areas not covered by permanent structures, or
(2)
Equivalent permanent stabilization measures (such as the use
of riprap, retaining walls, or geotextiles) have been employed.
(b)
For individual lots in residential construction, final stabilization
means that either:
(1)
The developer/homebuilder has completed final stabilization
as specified above, or
(2)
The developer/homebuilder has established temporary stabilization
including perimeter controls for an individual lot prior to occupation
of the home for the homeowner and informing the homeowner of the need
for, and benefits of, final stabilization.
(c)
For construction projects on land used for agricultural purposes (e.g., utilities across crop or range land, staging areas for road construction, etc.), final stabilization may be accomplished by returning the disturbed land to its preconstruction agricultural use. Areas disturbed that were not previously used for agricultural activities, such as buffer strips immediately adjacent to the watercourse, and areas which are not being returned to their preconstruction agricultural use must meet the final stabilization criteria in § 5-546(a)(1) above.
(d)
Final stabilization must be completed within one year of certificate
of occupancy, final inspection, or project completion, whichever occurs
sooner.
[Ord. No. 906, Art V, 7-8-2008]
(a)
It will be the responsibility of the erosion and sediment control
permit holder to attain approval of all required agencies for any
waterway crossings to be installed if a wet watercourse will be crossed
regularly during construction (i.e.: North Dakota State Water Commission,
NDDH, U.S. Army Corps of Engineers, Federal Emergency Management Association,
etc.).
(b)
GECPs/SWPPPs along with the erosion and sediment control permit must
be maintained on the site during the progress of the work.
(c)
If control measures do not achieve stabilization, the permit holder
may be required to submit an updated SWPPP or may be required to submit
a GECP prepared by a professional engineer.
(d)
The City of Williston may enter the site to make inspections as needed.
[Ord. No. 906, Art. V, 7-8-2008]
(a)
Authority. Whenever the City Engineer, building official, or their
designee finds a site maintained contrary to the provisions of this
article, the City Engineer, building official, or their designee is
authorized to issue a stop work order for the site.
(b)
Issuance. The stop work order shall be in writing and issued to the
permittee or assigned contractor. Upon issuance, the cited work shall
immediately cease. The stop work order shall state the reasons for
the order and the conditions under which the cited work will be permitted
to resume.
(c)
Unlawful continuance. Any person, firm, or corporation who shall
continue any work after having been served a stop work order, with
exception to work required by the order, shall, upon conviction, be
punished by a fine of up to $500 or by imprisonment up to 30 days,
or both. Each day of violation shall constitute a separate offense.
[Ord. No. 906, Art. V, 7-8-2008]
Any violation of this article is subject to the following remedies
or penalties:
(a)
If any official with the City of Williston discovers a violation
of this article, the City may elect to send notice to the offending
parties that the site will be cleaned by the City of Williston and
the offending party shall be billed accordingly.
(b)
If the person owning the property disagrees with the City's decision as to its finding of responsibility for the illicit discharge as defined in this section, they may appeal the decision to the Board of Appeals established under §§ 5-316, 5-317, 5-318, 5-319, and 5-320.
The above-listed sections as applicable to violations of the
building code and decisions made by the building inspector shall also
be applicable to violations of the storm sewer ordinance and decisions
made by duly authorized City officials.
(c)
Any person, firm, or corporation violating any of the terms or provisions of Article I through XI of Buildings and Building Regulations of the City of Williston shall, upon conviction, be punished by a fine of up to $500 or by imprisonment up to 30 days, or both. Each day of violation shall constitute a separate offense.
[Ord. No. 906, Art. V, 7-8-2008]
