[Ord. 1129-2008, 5-22-2008]
A. General Performance Standards: Any person subject to a construction
activity NPDES and/or OPDES stormwater discharge permit shall comply
with all provisions of such permit(s). Proof of compliance with said
permit(s) may be required in a form acceptable to the Administrator
prior to the allowing of discharges to the MS4. All construction activities
including, but not limited to, the development, excavation, clearing,
grading, regrading, paving, landfilling, berming, and diking of land
shall be conducted in such a manner as to minimize erosion and prevent
the discharge of pollutants, including, but not limited to, rock,
sand, soil, discarded building materials, concrete truck washout,
chemicals, litter, and sanitary waste into the City of Tahlequah municipal
separate storm sewer system. Persons conducting the construction shall
implement and maintain adequate structural and/or nonstructural BMPs
for controlling erosion and preventing the discharge of pollutants
to the MS4.
B. Responsible Person: The person with overall responsibility of the
construction such as the general contractor shall be jointly responsible
with the person at whose direction the construction is being conducted
for compliance.
C. Record Keeping: The person or persons responsible shall retain, and
make available to the building inspector or the stormwater program
manager for inspection and copying, all records and information required
to be retained under this section or order issued hereunder. These
records shall remain available for a period of at least three years
after expiration of the applicable permit. This period shall be automatically
extended for the duration of any litigation concerning compliance
with this section, or where the person or persons responsible have
been specifically notified of a longer retention period by the Administrator.
D. Permitting Purpose: The purpose of permitting is to protect urban
streams from sediment pollution by obtaining and reviewing proposed
sediment and erosion control plans for major construction activities,
and to monitor all land disturbing activities.
E. Land Disturbing Permit:
1. Applicability: Unless specifically exempted, a land disturbing permit,
as defined and regulated by this part, shall be obtained from the
building inspector for any construction activities causing land disturbance
on a parcel of any size within the City limits. The land disturbing
permit must be obtained prior to commencement of any construction
activities including, but not limited to, any development excavation,
clearing, grading, regrading, landfilling, berming, and diking of
land.
2. Exemptions: A land disturbing permit shall not be required for the
following: any construction not requiring a building permit from the
City; customary and incidental routine grounds maintenance, landscaping,
and home gardening; construction activities related to bona fide agricultural,
ranching, and farming operations which constitute the jurisdiction
of the Oklahoma corporation commission; and construction activities
occurring on Indian Country lands (as defined in 18 USC Section 1151).
3. Application for a Land Disturbing Permit: For each land disturbing
permit, a written application from the owner of the site, or his/her
authorized representative, shall be provided to the building inspector
in the form and with the content prescribed in this section and submitted
with the required land disturbing permit fee. The permit application
shall include the following information:
b. Type of land disturbance;
c. Name, address, and telephone number of applicant, if different from
the property owner;
d. Names, addresses, and telephone number(s) of any and all contractors,
subcontractors or persons actually doing the land disturbing activities;
e. Name, address, and telephone number of the legal owner of the property
for which the land disturbing permit is requested;
f. Legal description of the site or physical address of the site (if
a valid address has been assigned and/or accepted by the City of Tahlequah);
g. Estimated size of the construction site, measured in acres or square
feet (if less than 1 acre);
h. Floodplain or detention issues;
i. Watershed in which the property lies;
j. Locations of wetlands or tributaries on the property;
k. Notification of additional permits that may also be required.
4. Stormwater Pollution Prevention Plan (SWP3) or Sediment and Erosion
Control Plan Requirements: For every construction site, unless otherwise
exempted, an SWP3 plan shall be prepared and shall include sufficient
information to evaluate the environmental characteristics of the affected
areas, the potential impacts of the proposed construction activities
on water resources, and the best management practices and other measures
proposed to minimize soil erosion and prevent off site sedimentation.
All sediment and erosion control measures must be properly selected,
installed, and maintained in accordance with the manufacturer's
specifications and good engineering practices. All construction activities
including, but not limited to, the development, excavation, clearing,
grading, landfilling, berming and diking of land shall be performed
in strict accordance with the approved plan.
a. Construction Sites Less Than One Acre: For construction sites requiring
a building permit that are less than one acre and that are not part
of a larger common plan of development or sale that is one acre or
more, a stormwater pollution prevention plan is not required. However,
erosion controls should be put in place and a land disturbing permit
is required. The Administrator may require any additional information
or data deemed appropriate and/or may impose such conditions thereto
as may be deemed necessary to ensure compliance with the provisions
of this section or the preservation of public health and safety.
b. Construction Sites One Acre or Greater: For construction sites equal
to or greater than one acre and for construction sites that are less
than one acre if the construction site is part of a larger common
plan of development or sale that is one acre or more, a stormwater
pollution prevention plan shall be submitted and a construction site
stormwater discharge permit is required. In addition, the following
information shall be included in documentation:
(2)
An attached site plan showing the location of the site in relationship
to the surrounding area's watercourses, water bodies and other
significant geographical features, roads and other significant structures,
and showing suitable contours for the topography. An indication of
the scale used (this map shall be at a scale no smaller than one inch
equals 100 feet) and an arrow indicating north shall be included on
the plan;
(3)
Legal description of the site and the address of the site (if
a valid address has been assigned and/or accepted by the City of Tahlequah);
(4)
The name, address, and telephone number of the owner and/or
developer of the property where the land disturbing activity is proposed;
(5)
A description of, and specifications for, sediment and erosion
control measures to minimize on site erosion and prevent off site
sedimentation during the construction process, including provisions
to preserve topsoil and limit disturbance. Minimum control measures
include the proper installation and maintenance of erosion control
devices around the perimeter of the construction site and around all
storm sewer inlets and on slopes greater than three horizontal to
one vertical (3:1) where land disturbing activity is planned; and
stabilized gravel construction site entrances/exits to prevent tracking
or flowing of sediment onto public rights of way. The applicant may
propose the use of any sediment and erosion control measures in a
plan provided such measures are proven to be as or more effective
than the measures contained in this section;
(6)
A description of temporary and permanent stabilization measures.
The plan shall ensure that existing vegetation is preserved where
attainable and that disturbed portions of site are stabilized. Stabilization
practices may include, but are not limited to, the establishment of
temporary vegetation, and other appropriate measures. Use of impervious
surfaces for stabilization should be avoided. Stabilization measures
shall be initiated as soon as practicable in portions of the site
where construction activities have temporarily or permanently ceased,
before erosion controls are taken out;
(7)
A description of measures that will be installed during the
construction process to control pollutants in stormwater discharges
that will occur after construction operations have been completed;
(8)
A copy of all required state and federal stormwater discharge
permits for the construction site shall be posted on site with the
building permit. If an OKR10 permit is required by ODEQ for stormwater
discharges from a construction site, then the following documents
shall be provided to the Administrator: copies of all stormwater pollution
prevention plans developed for the construction site, and a copy of
the authorization to discharge stormwater issued by ODEQ; and
(9)
The Administrator may require any additional information or
data deemed appropriate and/or may impose such conditions thereto
as may be deemed necessary to ensure compliance with the provisions
of this section or the preservation of public health and safety.
c. Permit Application Review: The Administrator shall review each application
for a construction site stormwater discharge permit to determine its
conformance with the provisions of this section. Within 15 business
days after receiving a complete application, the Administrator shall:
(1)
Approve the permit application;
(2)
Approve the permit application subject to such reasonable conditions
as may be necessary to secure substantially the objectives of this
section, and issue the permit subject to these conditions; or
(3)
Disapprove the permit application, indicating the reason(s)
for disapproval.
d. Permit Disapproval: If the Administrator determines that the stormwater
pollution prevention plan does not meet the requirements of this section,
then a construction site stormwater discharge permit shall not be
issued. The SWP3 must be resubmitted and must be approved by the Administrator
before the land disturbance activity begins.
e. Conditions of Approval: In granting any construction site stormwater
discharge permit pursuant to this section, the Administrator may impose
such conditions as may be reasonably necessary to prevent creation
of a nuisance or unreasonable hazard to persons or to a public or
private property. Such conditions shall include (even if not specifically
written in the permit), but need not be limited to:
(1)
The granting (or securing from others) and the recording in
county land records of easements for drainage facilities, including
the acceptance of their discharge on the property of others, and for
the maintenance of slopes or erosion control facilities;
(2)
Adequate control of dust by watering, or other control methods
acceptable to the Administrator, and otherwise in conformance with
applicable air pollution ordinances;
(3)
Improvements of any existing grading ground surface or drainage
condition on the site (not to exceed the area as proposed for work
or development in the application) to meet the standards required
under this section;
(4)
The installation of additional safety related devices, as may
be deemed necessary, for sediment traps and basins located within
a densely populated area or in the proximity of an elementary school,
playground or other area where small children may congregate.
f. Permit Authorization: The issuance of a construction site stormwater
discharge permit shall constitute an authorization to do only that
work described in the permit, or shown on the approved stormwater
pollution prevention plan, all in strict compliance with the requirements
of this section, unless each and every modification or waiver is specifically
listed and given specific approval by the Administrator.
g. Permit Duration: The permittee shall fully perform and complete all
of the work required in the sequence shown on the plans. Permits issued
under this section shall be valid for the period during which the
proposed land disturbing or filling activities and soil storage takes
place or is scheduled to take place, whichever is shorter, but in
no event shall such a permit be valid for more than one year after
cessation of construction activity.
h. Responsibility of Permittee: The permittee shall maintain a copy
of the construction site stormwater discharge permit, approved site
plan and other applicable paperwork on the work site and available
for public inspection during all working hours. The permittee shall,
at all times, be in conformity with the approved stormwater pollution
prevention plan and also conform to the following:
(1)
General: Notwithstanding other conditions or provisions of the
construction site stormwater discharge permit, or the minimum standards
set forth in this section, the permittee is responsible for the prevention
of damage to adjacent property. No person shall grade on land in any
manner, or so close to the property line as to endanger or damage
any adjoining public street, sidewalk, alley or any other public or
private property without supporting and protecting such property from
settling, cracking, erosion, sedimentation or other damage or personal
injury which might result;
(2)
Public Ways: The permittee shall be responsible for the prompt
removal of, and the correction of damages resulting from any soil,
miscellaneous debris or other materials washed, spilled, tracked,
dumped or otherwise deposited on public streets, highways, sidewalks
or other public thoroughfares, during transit to and from the construction
site; and
(3)
Liability: The permittee is responsible for safely and legally
completing the project. Neither the issuance of a land disturbing
permit under the provisions of this section, nor compliance with the
provisions hereto or with any condition imposed by the City of Tahlequah,
shall relieve any person from responsibility for damage to persons
or property resulting therefrom, or as otherwise imposed by law, nor
impose any liability upon the City of Tahlequah for damages to persons
or property.
i. Action Upon Noncompliance:
(1)
In the event work does not conform to the plans and specifications
or to any conditions imposed by the City of Tahlequah, notice to comply
shall be given to the permittee in writing. The notice shall set forth
a notification and compliance period of at least 15 days for the permittee
to comply with the requirements of the notice, except that when an
imminent hazard exists the Administrator may require that corrective
work begin immediately. The notification and compliance period will
begin on the day the notice is mailed to the permittee or the day
the notice is posted on the property that is not conforming to the
permit requirements. The Administrator may order an immediate summary
abatement action to abate the violation. At the time of mailing of
notice, the City shall indicate the date of mailing and the name and
address of the mailee. Said notice shall further advise that should
the permittee fail to comply with the requirements of the notice by
the established deadline, the work necessary to achieve compliance
may be done by the City of Tahlequah or by a designated contractor
and the expense thereof shall be charged to the permittee. Issuance
of a notice to comply shall not be a prerequisite to taking any other
enforcement action.
(2)
If the City of Tahlequah finds any existing condition not as
stated in the application or approved plans, the Administrator may
issue a stop work order requiring that all construction activities
halt when a construction site is in violation of this section. The
stop work order may apply to all construction activity on the subject
property which may be directly or indirectly related to site drainage
and which is being performed pursuant to any permits, licenses, franchises
or contracts issued or approved by the City of Tahlequah. The stop
work order may order a work stoppage on all construction activity
on buildings or structures and appurtenances thereto, including, but
not limited to, building, electrical, plumbing, mechanical, street
work, storm sewers, sanitary sewers, gas lines, and all utilities
including, but not limited to, gas, electric, telephone and cable
television. The Administrator may also suspend or revoke any sediment
and erosion control, site preparation, grading, earth change, construction
or any other permit when any part of this section is violated.
(3)
The violation of any provision of this section, upon conviction,
shall be punished by a fine not exceeding $1,000 or 30 days in jail
or both plus court costs as set by the City. Each day or any portion
of a day during which any violation of this section shall continue
shall constitute a separate offense.
(4)
Other actions described in the penalties and administrative
remedies chapter of this part may be taken by the City of Tahlequah,
including, but not limited to, suspension of MS4 access, water supply
severance, injunctive relief, abatement, remediation, and restoration
of lands. The permittee shall be responsible for the costs incurred
by the City of Tahlequah. Failure to pay will result in the City of
Tahlequah seeking recovery of costs and damages pursuant to the conditions
set forth in this chapter.
j. Changes to Plans: All proposals to modify the approved stormwater
pollution prevention plans must be submitted in writing to the Administrator.
No grading or any type of work in connection with any proposed modification
shall be initiated without prior written approval of the Administrator.
k. Inspection and Supervision: The City of Tahlequah shall conduct construction
site inspections upon receiving a complaint of violation of this section
or otherwise as needed to evaluate compliance with this section. The
permittee shall notify the Administrator when there are any departures
from the approved SWP3 and at the following stages:
(1)
Upon completion of installation of perimeter sediment and erosion
controls;
(2)
At least 24 hours but not more than 72 hours (exclusive of Saturdays,
Sundays, and holidays) prior to commencing initial grading or land
disturbing activities;
(3)
When construction and land disturbing activities are halted
for a period of 30 days or more;
(4)
At least 24 hours but not more than 72 hours (exclusive of Saturdays,
Sundays, and holidays) prior to when construction of land disturbing
activities shall recommence after being halted for a period of 30
days or more;
(5)
Upon submitting a notice of termination to ODEQ in compliance
with any OKR10 permit requirements; and
(6)
Upon completion of final grading, permanent drainage and erosion
control facilities including established ground covers and planting,
and all other work of the permit.
l. Maintenance During and After Construction: For any property on which
grading or other work has been done pursuant to a construction site
stormwater discharge permit granted under the provisions of this section,
the permittee or owner or an agent of the owner shall inspect all
sediment and erosion control measures and other protective measures
identified in the SWP3 at least once every 14 calendar days and within
24 days of the end of a storm event of 1/2 inch or greater and shall
maintain and repair all sediment and erosion control measures, graded
surfaces and erosion control facilities, drainage structures or means
and other protective devices, plantings, and ground cover installed
while construction is active.
[Ord. 1129-2008, 5-22-2008; amended 4-5-2021 by Ord. No. 1320-2021]
A. Permits will be required to facilitate the effectiveness of the stormwater
management program.
1. Land Disturbing Permit Fees: a fee as set forth in Chapter
1-3, Fees, for all sites where construction activities require a building permit and which are less than an acre in size. These sites will need to install erosion controls, but will not have to provide a stormwater pollution prevention plan (SWP3).
2. Construction Site Stormwater Discharge Permit Fee: These sites will need to provide a site plan and a stormwater pollution prevention plan (SWP3). They will also need to obtain an OKR10 permit from the state of Oklahoma to discharge stormwater. This permit must be posted on site along with their building permit. The fees are as set forth in Chapter
1-3, Fees.