This program applies to the permitting of post-construction stormwater control structures within the MS4 area of the City of Kalispell. Both new and existing structures that meet the criteria will be permitted.
(Ord. 1831, 11-18-2019)
The City of Kalispellʼs Public Works Department or an authorized inspection agent may inspect, at a reasonable time and in a reasonable manner, anything that affects or may affect the quality of the waters of the State, including, but not limited to, the premises of existing post-construction stormwater control structures; or the premises for which an application has been filed with the department for plan or permit approval; or the premises for which the department has issued a stormwater construction permit or stormwater maintenance permit.
(Ord. 1831, 11-18-2019)
A.
Permit Application:
1.
Projects required to obtain and maintain a stormwater maintenance permit are projects that require post-construction stormwater management practices under the City of Kalispellʼs Standards for Design and Construction. The application is initiated during the City of Kalispellʼs engineering plan review.
2.
The developer and owner of a site must certify that the application is being submitted on their behalf.
3.
To obtain a permit, an owner must file an application on the Public Works Departmentʼs website. The application must be accompanied by the following:
a.
Permanently responsible party, including the name and contact information for the person or company designated to inspect and maintain the practices;
b.
An operation and maintenance manual, in an electronic format acceptable to the department;
c.
As-built plan of the siteʼs stormwater management practices, including inverts in and out of all structures, at a scale no less than one inch to fifty feet (50ʹ) in an electronic format acceptable to the department signed and sealed by a qualified professional;
d.
Notice of termination (NOT) submitted electronically for the related construction stormwater management permit.
B.
Permits for post-construction stormwater management practices are not required for the following:
1.
Development projects that do not trigger a post-construction stormwater management practice under the City of Kalispell Standards for Design and Construction; and
2.
Installation of underground, linear utilities, such as gas lines, fiber-optic cable, cable TV, electric, telephone, sewer mains, and water mains where surface will be restored to the existing condition and no stormwater facility is constructed.
C.
Permit Conditions:
1.
Perform an inspection every year by October 1. The owner or ownerʼs representative must electronically file inspections to the Department that certify the stormwater management practices are operating as designed. Inspections forms are located on the Public Works Departmentʼs website.
a.
Permits approved after April 1 will not be required to submit an inspection until the subsequent year.
2.
The owner of the site must renew the stormwater maintenance permit every five years. An electronic application for renewal found on the Public Works Departmentʼs website must be submitted by October 1 of the fifth year and must be accompanied by a report certified by a professional engineer that the stormwater management practices are operating as designed.
a.
At a minimum, the report must include an inspection of the control comparing the as-built plan and operation and maintenance manual to determine if the control is operating as designed and if maintenance is required. If the control requires maintenance or other changes, the report shall contain mitigation measures required and a timeline to complete measures prior to the next required inspection.
3.
A licensed professional engineer must perform inspections and certifications of any post-construction stormwater management practices that include structural components.
4.
The owner of the site must notify the department of any sale or conveyance of the premises and must provide the name of and contact information for the new owner.
D.
Modification of a Post-Construction Stormwater Management Practice Design Covered by a Stormwater Maintenance Permit:
1.
Should the owner wish to modify the design of a stormwater management practice covered by a stormwater maintenance permit, the owner must submit notification of the modification for engineering review and approval by Public Works.
2.
The modification of the stormwater maintenance permit must include calculations and supporting documentation to demonstrate that the practice is at least as protective of water quality as the existing practice and that it controls stormwater flows as required by the City of Kalispellʼs Standards for Design and Construction.
3.
The department will review the modification and supporting material following the criteria for new stormwater maintenance applications.
E.
Agency Inspections: The City of Kalispellʼs Public Works Department or an authorized inspection agent may conduct periodic inspections to ensure that post-construction stormwater management practices are maintained in good working condition to meet the applicable design and water quality standards.
F.
Recordkeeping: The owner must keep and maintain records of all inspections and tests required after construction for five years after performance of such inspections or tests. The owner must keep and maintain all as-built drawings for the life of the post-construction stormwater management facility.
(Ord. 1831, 11-18-2019)