A. 
Duty of Party in Control of Property to Prevent Soil, Mud, Rock, Pollutants or Debris From Washing, Tracking or Being Carried by the Wind, Off-Site Onto Public Streets, Alleys. etc.: It shall be unlawful and shall constitute a public nuisance for any person or business entity, whether owner, lessee, agent, employee, or otherwise, having control of real property within the City to permit soil, mud, rock, pollutants or debris to wash, slide, erode or otherwise be moved from said real property onto streets, alleys, utility facilities, storm drains, rights-of-way or easements or receiving waters. It shall be the duty of each party in control thereof to prevent soil, mud, rock, pollutants or debris from such real property being deposited or otherwise transported onto the streets, alleys, storm drains, utility facilities, rights-of-way, easements or receiving waters of the City.
B. 
Implementation and Compliance of Best Management Practices: A responsible party engaging in any land disturbing activity, or any construction activities shall prepare and submit a Construction Stormwater Permit to the Kalispell Department of Public Works. If applicable, a building permit will not be issued for the site until the associated Construction Stormwater Permit is approved.
1. 
Greater or Equal to One Acre: Land disturbing activity of one acre or greater or construction activity that is part of larger common plan of development or sale that would disturb one acre or more shall submit shall prepare and submit a Construction Stormwater Permit, for review and approval by the City of Kalispell Public Works Department, containing the following:
a. 
A copy of the notice of intent (NOI), the stormwater pollution prevention plan (SWPPP), and the confirmation letter in accordance with the Montana Pollutant Discharge Elimination System General Permit for Stormwater Discharges Associated with Construction Activity, permit number MTR100000;
b. 
A complete Construction Stormwater Permit application form;
c. 
A map of the construction site showing the location of the selected BMPs;
d. 
A City of Kalispell Construction Stormwater Permit fee of $45 for one acre or greater shall be submitted by the responsible party at the time of filing.
2. 
Less Than One Acre: Land disturbing activity of less than one acre is not required to comply with MPDES general permit number MTR100000, but shall prepare and submit a Construction Stormwater Permit, for review and approval by the City of Kalispell Public Works Department, containing the following:
a. 
A complete Construction Stormwater Permit application form.
b. 
A map of the construction site showing the locations of the selected BMPs.
c. 
A City of Kalispell Construction Stormwater Permit fee of $10 for less than one acre shall be submitted by the responsible party at the time of filing.
3. 
Notice of Termination (NOT): Land disturbing activity with a Construction Stormwater Permit shall submit an NOT once permanent erosion control has been established on 70% or greater of disturbed areas. Additionally, for NOT approval all temporary BMPs must be removed, all construction equipment and vehicles must be removed, and all potential pollutant-generating actives due to construction activity must cease.
C. 
Implementation and Maintenance of Best Management Practices: Each responsible party shall implement and maintain BMPs to minimize the erosion and the transport of silt, earth, topsoil, etc., by water runoff or construction activities, beyond the limits of the responsible partyʼs site onto City streets, drainage easements, drainage facilities, storm drains or other City property prior to beginning any land disturbing activity. On all regulated construction projects, the construction stormwater minimum standards described as Non-Numeric Technology Based Effluent Limits in the most current Montana DEQ General Permit for Storm Water Discharges Associated with Construction shall be implemented.
D. 
Off-Site Borrow, Spoil and Staging Areas: Where applicable, off-site borrow areas, spoil areas and construction staging areas within the City limits shall be considered as part of the project site and shall be governed by this chapter.
E. 
Related Land Areas: The erosion control requirements of this chapter shall apply to all related land areas. Additionally, when land disturbing activity occurs on a project, all disturbed land areas related to the project shall have permanent erosion control BMPs established before final occupancy of structures located thereon or final acceptance of the subdivision may be obtained. This subsection applies whether or not a building permit is required.
F. 
Below-Ground Installations: All discharges resulting from below-ground installations shall be passed through City-approved BMPs or removed from the site and properly disposed.
G. 
Exclusions: No Construction Stormwater Permit is required for the following activities: Any emergency activity that is immediately necessary for the protection of life, property or natural resources.
(Ord. 1831, 11-18-2019)
Subject to the terms of its franchise agreement with the City, including, but not limited to, terms regarding permits, a franchised utility company engaging in land disturbing activities within the City shall comply with the following:
A. 
Construction Stormwater Permit: Prior to beginning any land disturbing activity a Construction Stormwater Permit shall be obtained as outlined in Section 23A-3, Required Best Management Practices (BMPs).
B. 
Emergency Construction: Construction activity in response to emergencies where services are being restored by a franchised utility company are not subject to the requirements for filing a Construction Stormwater Permit. At the conclusion of emergency construction activity, the utility company responsible for construction activities should take any needed action to clean up or contain sediment or debris resulting from the emergency construction activity.
(Ord. 1600, 4-2-2007; amd. Ord. 1831, 11-18-2019)
A. 
Design Criteria: Grading, erosion control practices, sediment control practices, and waterway crossings shall meet the design criteria set forth in the most recent version of the Erosion and Sediment Control Best Management Practices (BMP) Reference Manual, and shall be adequate to prevent transportation of sediment from the site to the satisfaction of the City.
B. 
Clearing and Grading:
1. 
Clearing and grading of natural resources, such as water bodies and wetlands, shall not be permitted, except when in compliance with all other required permits.
2. 
Clearing techniques that retain natural vegetation and retain natural drainage patterns, as described in the Construction Site BMP Manual, shall be used to the satisfaction of the City.
3. 
Phasing shall be required on all sites disturbing equal to or greater than thirty acres, with the size of each phase to be established at plan review and as approved by the City.
4. 
Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized.
C. 
Erosion Control:
1. 
Soil must be stabilized using recommended methods described in the Construction Site BMP Manual.
a. 
Erosion seeding is the immediate seeding on cut and fill slopes steeper than 3:1 that will not undergo further disturbance.
b. 
Temporary seeding is the establishment of a temporary vegetative cover on areas with a slope of 3:1 or flatter that will be exposed for longer than 14 days and can undergo further disturbance.
2. 
Soil stockpiles must be stabilized or covered at the end of each workday.
3. 
Techniques shall be employed to prevent the blowing of dust or sediment from the site.
4. 
Techniques that divert upland runoff past disturbed slopes shall be employed.
D. 
Sediment Controls:
1. 
Sediment controls shall be provided in the form of settling basins or sediment traps or tanks, temporary seeding, perimeter controls or other methods described in the Construction Site BMP Manual.
2. 
Where possible, settling basins shall be designed in a manner that allows adaptation to provide long-term stormwater management.
3. 
Adjacent properties shall be protected by the use of a vegetative buffer, silt fence, fiber rolls, or other BMPs outlined in the Construction Site BMP Manual.
E. 
Winterization: Winterization BMPs described in the Construction Site BMP Manual shall be implemented on projects prior to seasonal shut downs or downtime of one month or longer.
F. 
Waterways and Watercourses:
1. 
When a watercourse must be crossed regularly during construction, a temporary stream crossing shall be provided and an approval obtained from the City and all other authorized permitting agencies.
2. 
When in-channel work is conducted, the channel shall be stabilized before, during and after work.
3. 
All on-site stormwater conveyance channels shall be designed according to the criteria outlined in the current edition of the City of Kalispell Standards for Design and Construction.
4. 
Stabilization adequate to prevent erosion must be provided at the outlets of all pipes and paved channels.
G. 
Construction Site Access:
1. 
A temporary access entrance shall be provided at all sites and shall be in accordance with the current edition of the City of Kalispell Standards for Design and Construction.
2. 
Other measures may be required at the discretion of the City in order to ensure that sediment is not tracked onto public streets by construction vehicles, or washed into storm drains.
H. 
Removal of Temporary BMPs: Upon establishing 70% or greater permanent ground cover on a lot, all temporary erosion control devices shall be removed.
(Ord. 1600, 4-2-2007; amd. Ord. 1831, 11-18-2019)
Construction site operators must, at a minimum, control waste such as discarded building materials, concrete truck washout water, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. This includes:
A. 
Operators must keep solid waste materials in either a secure enclosed container or an enclosed waste collection area on site that does not receive a substantial amount of runoff from upland areas and that does not drain directly to a water body, and that prohibits pollutant runoff from the construction site, and that does not allow wind-blown debris to leave the site.
B. 
Chemicals, paint, petroleum, fertilizer, and pesticides must be stored in a covered enclosure.
C. 
Above ground petroleum storage tanks must be placed in a bermed enclosure.
D. 
Empty/unused chemical containers must be disposed of in accordance with label instructions.
E. 
Potentially hazardous waste must be segregated from nonhazardous waste.
F. 
Daily cleanup of construction sites must ensure that all litter is contained in an appropriate enclosure or container so as not to accumulate on the ground.
G. 
All construction site wastes must be disposed of at authorized disposal facilities.
H. 
Recycling of waste material is encouraged where feasible.
I. 
Concrete truck washout water that is contained on site shall be in a designated washout pit, and concrete residue removed at conclusion of construction.
J. 
Sanitary waste facilities should be located a minimum of fifteen feet (15ʹ) from storm drain inlets and receiving waters, and the facilities must be self-contained.
(Ord. 1600, 4-2-2007; amd. Ord. 1831, 11-18-2019)
A. 
Permit review and inspection programs aid in compliance and enforcement, and provide an opportunity for guidance and education.
1. 
The City shall perform a site plan review for consideration of potential water quality impacts at the time of filing the Construction Stormwater Permit.
2. 
The City shall establish appropriate frequencies for inspection of construction stormwater pollution prevention measures at all active construction sites.
3. 
The City shall require notification from a construction site operator prior to start or upon completion of various stages of construction on a schedule approved by the City.
B. 
The permittee or his or her agent will be required to perform regularly scheduled site inspections (at least every 14 days) and after major storm events to ensure all accepted BMPs have been constructed and are functioning properly. The purpose of such inspections will be to determine the overall effectiveness of the control plan and the need for additional control measures. All inspections shall be documented in written form and made available for review by the City.
(Ord. 1600, 4-2-2007; amd. Ord. 1831, 11-18-2019)