Any person performing construction activities in the Town shall implement appropriate BMPs to prevent the discharge of construction wastes or contaminants from construction materials, tools and equipment from entering the storm drains or watercourse.
A.
Construction-phase BMPs include erosion and sediment controls and pollution prevention practices. Erosion control BMPs may include, but are not limited to, scheduling and timing of grading activities, timely revegetation of graded areas, the use of hydroseed and hydraulic mulches, and installation of erosion control blankets. Sediment control may include properly sized detention basins, dams, or filters to reduce entry of suspended sediment into the storm drain system and watercourses, and installation of construction entrances to prevent tracking of sediment onto adjacent streets. Pollution prevention practices may include designated washout areas or facilities, control of trash and recycled materials, tarping of materials stored on-site, and proper location of and maintenance of temporary sanitary facilities. The combination of BMPs used, and their execution in the field, must be customized to the site using up-to-date standards and practices. The agency will provide references to current guidance manuals and BMP information on request.
B.
Financial security may be required to ensure that temporary measures to control stormwater pollution are implemented and maintained during construction and after construction for a period determined by the agency. Financial security shall consist of an irrevocable letter of credit, cash deposit, or performance bond as determined by the agency.
C.
When any work is being done contrary to the provisions of this chapter, the Administrator may order the work stopped by serving written notice on any persons engaged in doing or causing the work to be done. Such work shall stop until the Administrator authorizes the work to proceed. This remedy is in addition to and does not supersede or limit any and all other remedies, both civil and criminal provided in the Town Municipal Code.
D.
The Town has the authority to review designs and proposals for construction activities and new development and redevelopment sites to determine whether adequate BMPs will be installed, implemented, and maintained during construction and after final stabilization (post-construction).
E.
All construction plans and applications for construction activity submitted to the Town shall consider the potential for erosion and sedimentation at the construction site, and shall include appropriate erosion and sedimentation controls.
F.
An Erosion and Sediment Control Plan (ESCP) shall be required for:
2.
Any project subject to another Town permit that has the potential for significant erosion, or significant non-stormwater discharges of sediment, or construction site waste, including:
3.
Any other project as required by the Administrator considering factors such as whether the project involves hillside soil disturbance, rainy season construction, construction near a watercourse, or any other condition or construction site activity that could lead to a non-stormwater discharge to a storm drain if not managed by effective implementation of an ESCP.
G.
The ESCP shall be submitted for review and approval by the Administrator. The project applicant shall follow the most recent version of the Napa Countywide Erosion and Sediment Control Plan Model Template to prepare the ESCP. At a minimum, the ESCP shall include:
1.
Description of the proposed project and soil disturbing activity.
2.
Site specific construction-phase BMPs.
3.
Rationale for selecting the BMPs, including if needed, soil loss calculations.
4.
List of applicable permits associated with the soil disturbing activity, such as: Construction General Permit (CGP); Clean Water Act Section 404 Permit; Clean Water Act Section 401 Water Quality Certification; Streambed/Lake Alteration Agreement (1600 Agreements).
5.
Proof that the applicant has obtained the applicable permits associated with the soil disturbing activity must be submitted prior to approval of the ESCP.
6.
Project information as required by the ESCP applicant checklist provided in the NCSTOPPP Construction Erosion and Sediment Control Plan Applicant Package:
7.
For projects subject to the State's General Construction Activity Stormwater Permit (CGP), project applicants may submit a Stormwater Pollution Prevention Plan (SWPPP) developed pursuant to the CGP in lieu of submitting an ESCP.
8.
Implementation of an approved ESCP shall be a condition of the issuance of a building permit, a grading permit, or other permit issued by the Town for a project subject to this section. The ESCP shall be implemented year round and must be updated to reflect changing conditions on the project site. Any modifications to the ESCP shall be submitted to the Town for review and approval.
(Ord. 318-01; Ord. 15-434)