Ordinance No. 1, Series 2009
WHEREAS, Pewee Valley has been identified to comply with the requirements of the Federal Environmental Protection Agency through the Federal Water Pollution Act (33 USC Sec. 1251 et seq.) and other regulation; and,
WHEREAS, Pewee Valley has the statutory authority to provide for the protection of its citizens and natural resources; and,
WHEREAS, uncontrolled water drainage and discharge may have a significant adverse impact on the health, safety and welfare of the citizens of Pewee Valley, Kentucky; and,
WHEREAS, surface water runoff can carry pollutants and sediment into receiving waters; and,
WHEREAS, the adverse water quantity and quality consequences described above may result in substantial economic losses. Potential losses include, but are not limited to, increased drinking water and wastewater treatment costs, diminished property values, as well as state and federal fines associated with water quality violations; and,
WHEREAS, every parcel of property, both private and public, either uses or benefits from Pewee Valley’s water system; and,
WHEREAS, past growth has contributed, and current and anticipated growth will contribute to the need for an effective water system.
Section 1 - Title, Purpose, and General Provisions
1.1 This Ordinance shall be known as the “Water Quality Management Ordinance” for the City of Pewee Valley (“the City”), Kentucky, and may be so cited. The City’s prior ordinance concerning construction runoff and erosion control, Ordinance Number 6, Series 2005; is hereby superseded, repealed and replaced by this ordinance.
1.2 The purpose of this Ordinance is to provide regulations and measures that will address water quality in the City and to establish procedures by which these requirements are to be administered and enforced.
1.3.1 The laws of the Commonwealth of Kentucky shall apply to this ordinance.
1.3.2 The water Quality Management Ordinance shall govern all properties within the jurisdictional boundaries of the City.
1.3.3 This Ordinance is applicable to all new development and redevelopment activities that result in the any land-disturbing activities that result in the disturbance of 20,000 square feet or more of land; except that the provision herein relating to post-construction shall only be triggered when the disturbed area is grater than one acre. Although a permit is not required for any land disturbance over 2,000 square feet but disturb less than 20,000 square feet, the Landowner must nevertheless follow Best Management Practices.
1.3.4 Adherence to this ordinance in no way circumvents or eliminates the requirements of the state or federal regulations. Permits may be required by the Kentucky Division of Water and/or the United States Army Corps of Engineers.
1.4 The following activities are exempt from the provisions of this Ordinance:
1.4.1 Agricultural and Silviculture (woodland production) operations according to an Agricultural Water Quality Plan approved by the City Conservation District or approved as required in the Kentucky Agricultural Water Quality Plan developed in accordance with the Kentucky Agricultural Water Quality Authority.
1.4.2 Land reclamation projects regulated by the Kentucky State Department for Surface Mining Reclamation and Enforcement.
1.4.3 Additions or modifications to existing detached single-family dwellings and redevelopment or renovation that does not disturb more than 2,000 square feet of land.
1.4.4 Minor land disturbing activities that disturb 2,000 square feet of less of land area and not within 50 feet of a drainage way.
1.4.5 Usual and customary site investigation and surveying activities, such as soil testing, rock coring, test pits, boundary and topographical surveying, monitoring wells, and archaeological excavation, undertaken prior to submittal of an application for preliminary subdivision or development approval; provided any land disturbance is incidental to necessary equipment access and performance of investigation and surveying activities
1.4.6 Following preliminary subdivision or development approval but prior to site disturbance permit approval and issuance, clearing necessary to provide access for survey work, rock soundings, or other usual and customary site investigations, provided the following conditions are met:
(a) Preliminary site investigations that have been planned to minimize the amount of clearing required;
(b) Clearing shall follow proposed roadway centerlines and shall not result in clear access way of more than 20 feet in width;
(c) Cleared access ways beyond proposed roadways to assess individual lots shall not exceed 12 feet in width and no trees eight inches or greater in diameter measured at breast height (dbh) shall be removed without prior approval by the City.
Section 2 - Definitions and Acronyms
2.1 Accidental Discharge means a discharge of spills and dumping or any disposal of materials other than water into the system.
2.2 Best Management Practices (BMP’s) shall mean those measures described in the latest edition of the “National Menu of Best Management Practices, Post-Construction Stormwater Management in New Development and Redevelopment”http://cfpub.epa.gov/KPDES/stormwater/menuofbmps/index.cfm as published by the United States Environmental Protection Agency (USEPA), "Kentucky Erosion Prevention and Sediment Control Field Guide" as published by the Kentucky Division of Water, and "Best Management Practices for Construction Activities" as published by the Kentucky Division of Conservation and Division of Water. This shall also include related documents published and distributed by The City.
2.3 Builder shall mean a person, partnership, contractor, or corporation constructing one or more buildings for occupancy or any other use.
2.4 Certification shall mean a signed, written statement that specific constructions, inspections or tests (when required) have been performed and that such comply with the applicable requirements of this subtitle.
2.5 City shall mean a representative or designee of the City of Pewee Valley government to include persons from the City Representative’s office.
2.6 City Representative shall mean the person or persons currently designated by the mayor to administer the Water Quality Program and any related permit activities.
2.7 Clean Water Act means the Federal Water Pollution Control Act (33 U.S.C § 1251 et seq.)
2.8 Contractor shall mean a person who contracts with the Permittee, landowner, builder, developer or another contractor to undertake any or all of the land-disturbing activities covered by this Ordinance.
2.9 Construction Activity means land disturbance activities subject to state KPDES General Construction Permits or local permits. Such activities include, but are not limited to clearing and grubbing, grading, excavating, and demolition.
2.10 Construction Weather Days shall mean days in which a needed activity could occur.
2.11 Detention Basin shall mean a drainage facility constructed to restrict the runoff of water to a prescribed maximum rate and to detain for a specified period of time the excess waters that accumulate upstream from the outlet structure.
2.12 Development shall mean the planning or construction project involving substantial property improvement and, usually, a change of land-use character within the site; the act of using land for building purposes.
2.13 Directly Connected Impervious Area (DCIA) shall mean surface area that drains / discharges to an outfall without passing through a BMP.
2.14 Drainage Area shall mean the surface area from which water drains to a point of consideration.
2.15 Engineer shall mean a person licensed as a Professional Engineer in the Commonwealth of Kentucky in accordance with KRS 322.
2.16 Erosion Prevention and Sediment Control (EPSC) Measure shall mean the practice, or a combination of practices, to prevent erosion and to abate the resulting off-site sedimentation.
2.17 FEMA shall be used to refer to the Federal Emergency Management Agency.
2.18 Final Stabilization shall mean that (1) all soil disturbing activities at the site have been completed; (2) there are no areas of active erosion evident; and (3) a uniform perennial vegetative cover with a density of 70% of the cover for the area has been established or equivalent measures, i.e. mulches or geotextile fabrics, have been employed.
2.19 Floodplain shall mean any area inundated by a 100-year flood or as determined by the FEMA Flood Insurance Rate Map(s) or an engineering study.
2.20 Floodway shall mean the channel of a river or stream and those portions of the floodplain adjoining the channel that are required to carry and discharge the peak flow of the regulatory flood of any river or stream. The floodway is where the water is likely to be fastest and not include the channel and the portion of the adjacent floodplain.
2.21 Illicit Discharge means any discharge to a Municipal Separate Storm Sewer System (MS4) that is not composed entirely of water exempted by this Ordinance or managed pursuant to a Kentucky Pollution Discharge Elimination System permit (other than The City’s KPDES stormwater permit) or otherwise defined by this Ordinance.
2.22 Industrial Activity means activities subject to KPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b)(14).
2.23 KDOW shall be used to refer to the Kentucky Division of Water.
2.24 Kentucky Pollutant Discharge Elimination System (KPDES) Stormwater Discharge Permit means a permit issued by the Kentucky Division of Water (KDOW) under designated authority by the United States Environmental Protection Agency (USEPA), whether the permit is applicable on an individual, group or general area-wide basis.
2.25 Kentucky Pollutant Discharge Elimination System (KPDES) General Permit for Stormwater Discharges Associated with Small Construction Activities (KYR10) means a permit issued by the Kentucky Division of Water (KDOW) under designated authority by the United States Environmental Protection Agency (USEPA) that authorizes the discharge of pollutants in water discharges associated with construction activity (also known as the “construction general permit” or “KYR10”).
2.26 Land-Disturbing Activity shall mean all clearing and grubbing, clear cutting, construction, reconstruction, grading, modification, extension or expansion of structures or parking areas, placement of fill and dumping that change the natural cover or topography, thereby creating the potential for erosion and contribution of sediment.
2.27 Landowner shall mean a Person holding legal title who directly or indirectly allows the land-disturbing activity or who benefits from it.
2.28 Land surveyor shall mean a person licensed as a Professional Land Surveyor in the Commonwealth of Kentucky according to KRS 322.
2.29 Municipal Separate Storm Sewer System (MS4) shall mean a conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains, that is designed or used for collecting or conveying water; not privately owned; not a combined sewer; and not part of a publicly owned treatment works (POTW).
2.30 NOI shall be used to refer to Notice of Intent.
2.31 Non-Stormwater Discharge means any discharge to the storm drainage system that is not composed entirely of water or otherwise allowed by this Ordinance.
2.32 NOT shall be used to refer to Notice of Termination.
2.33 Outfall shall mean the point or location where water runoff discharges from a BMP, conduit, stream or drain, storm sewer, channel, or detention/retention facility.
2.34 Perimeter Outfall shall mean the locations from which water flow(s) from the project site / disturbed area.
2.35 Perimeter Control Plan (PCP) is a component of the Water Quality Management Plan that documents how sediment is controlled from leaving the project site.
2.36 Permittee shall mean the "Person responsible for the Land-Disturbing Activity"; who must have ownership interest in the property and is designated on an approved SWQMP permit.
2.37 Person shall mean, except to the extent exempted from this Ordinance, any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, city, town, or other political subdivision of the State, any interstate body or any other legal entity conducting land-disturbing activities subject to this Ordinance.
2.38 Pollutant means anything of a chemical component or nature which causes or contributes to pollution.
2.39 Pollution means the contamination or other alteration of any water’s physical, chemical, or biological properties by the addition of a constituent.
2.40 Post-Construction Water Pollution Prevention Plan (P-WPPP) is a component of the Water Quality Management Plan that illustrates how the pollutants or pollution will be prevented, treated and otherwise managed in the long-term, beyond that of construction phases.
2.41 Premises mean any building, lot, parcel of land, or portion of land whether improved or unimproved.
2.42 Project Site shall mean the area of Land Disturbing Activity.
2.43 Qualified Professional shall mean an individual who is trained and experienced in water treatment techniques and related fields as may be demonstrated by state registration, professional certification, experience, or completion of coursework, as accepted according to this Ordinance, that enable the individual to make sound, professional judgments regarding water control or treatment and monitoring, pollutant fate and transport, and drainage planning. The City reserves the right to require an engineer’s review and certification for plan modification, where appropriate.
2.44 Retention Basin shall mean a drainage facility constructed to contain the runoff of water to a prescribed maximum rate/volume to pass into the groundwater system without discharging the retained volume to surface waters except through an emergency bypass under conditions beyond the designed capacity.
2.45 Site shall mean the entire area or project site of the land-disturbing activity as proposed in the permit application.
2.46 Stop Work Order shall mean an order by the City directing a Permittee to suspend all construction and/or operations except for work related to remediation of the violation.
2.47 Storm Sewer shall mean channel, ditch, catch basin, inlet pipe, culvert, conduit or other conveyance used for the purposes of collecting and conveying water.
2.48 Water Quality Management Plan (WQMP) shall mean illustration and documentation of how sediment and other pollutants are managed on the project site during and after the construction phase. This is composed of three primary elements: 1) the Perimeter Control Plan, 2) the Water Quality Pollution Prevention Plan, and 3) the Post-Construction Water Quality Pollution Prevention Plan.
2.49 Water Quality Management Plan (WQMP) Permit is a legal document that allows the permit holder to break ground or disturb soil on a site within the provisions of a SWQMP.
2.50 Water Pollution Prevention Plan (WPPP) is a component of the Water Quality Management Plan that illustrates how the suspension of sediment and other construction pollutants will be prevented.
2.51 Waters of the Commonwealth means any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface and subsurface water, natural or artificial, lying within or forming a part of the boundaries of the Commonwealth of Kentucky which are not entirely confined and retained completely upon the property of a single Person.
Section 3 - Program Objectives and General Approach
3.1 Program Objectives
3.1.1 Protection of the short-term and long-term public health, safety, and general welfare. This objective will be achieved by the following:
3.1.1.1 Providing for regulation and management of the City’s water system, including public and private facilities in the City’s service area.
3.1.1.2 Protecting, and preserving water quality and thereby fish and wildlife habitat within the City and in downstream receiving waters.
3.1.1.3 Protecting those downstream and adjacent properties from water quality impairment.
3.1.2 Compliance with state and federal water regulations developed pursuant to the Clean Water Act Amendments of 1987 and subsequent amendments. This objective will be achieved by the following:
3.1.2.1 Benefiting water quality to a level of "designated use" as defined by the Clean Water Act Section 305(b) and 303(d) and minimizing the impacts from new development and/or areas of significant redevelopment.
3.1.2.2 Managing the quality of water discharged to the MS4 by controlling the contribution of pollutants associated with new development and redevelopment.
3.1.2.3 Prohibiting Illicit discharges to water.
3.1.2.4 Managing the discharge of spills and dumping or any disposal of materials other than water into the system.
3.1.2.5 Managing water pollution caused by the suspension and transport of soils, sediment and other construction pollutants.
3.1.2.6 Minimizing damage to public facilities and utilities.
3.1.2.7 Managing the use of the public and private water/ drainage system that will not result in excessive maintenance costs.
3.1.2.8 Encouraging the use of natural and aesthetically-pleasing designs that maximize the preservation of natural areas.
3.1.2.9 Guiding the construction of water management facilities by developing comprehensive master plans that address water quantity, quality, design, operation, and maintenance.
3.1.2.10 Encouraging the preservation of floodplains, floodways and open spaces to protect and benefit the community’s quality of life and natural resources.
3.1.2.11 Encourage the planning for and use of regional BMPs.
3.2 General Approach for Development
3.2.1 To most effectively achieve the program objectives, the City promotes an approach that encourages the consideration and use of:
3.2.1.1 Regional BMPs.
3.2.1.2 Low-impact development design principles.
3.2.1.3 Waterway buffers.
3.2.1.4 Low maintenance on-site BMPs.
3.2.1.5 A series of Multiple BMP treatment systems.
3.2.2 The City will encourage a primary preference for regional BMPs through:
3.2.2.1 Enabling and facilitating private partnerships where on-site water quantity and/or quality requirements may be achieved or offset by watershed based solutions.
3.2.2.2 Enabling and supporting private to public partnerships, offsets and regional BMP banking, and in-lieu fee funds.
3.2.3 In support of this approach, the City integrates into the planning and construction plan review processes, when and where available, the use of:
3.2.3.1 City Council adopted watershed studies.
3.2.3.2 City Council adopted master plans.
3.2.3.3 FEMA floodplain delineations.
3.2.3.4 USEPA, KDOW 303(d) reports.
Section 4 - Authority and Right of Entry
4.1 Upon written request to the Person, the City shall have safe and easy access to the areas to be inspected and/or monitored.
4.1.1 The City shall have the right-of-entry on or upon the project site. The City shall be provided access to all parts of the premises subject to this Ordinance for the purposes of inspection, monitoring, sampling, and for the performance of other duties necessary to determine compliance with this Ordinance.
4.1.2 Where a project site has security measures in place which require proper identification and clearance of individuals before entry into its premises, the Person shall make necessary arrangements with its security personnel so that, upon presentation of suitable identification and written request, the City will be permitted to enter without delay for the purposes of performing specific responsibilities.
4.1.3 The City shall have the right to set up on a project site such devices necessary to conduct sampling and/or metering of the water operations or discharges.
4.1.4 Any temporary or permanent obstruction to safe and easy access to the areas to be inspected and/or monitored that can reasonably be moved shall be removed promptly by the Person at the written or verbal request of the City. The costs of clearing such access shall be borne by the Person.
4.1.5 The City or its designated representative may inspect the facilities of any user in order to ensure compliance with this Ordinance. Such inspections shall be made with the consent of the owner, manager, or signatory official. If such consent is refused, denied or not promptly addressed, the City may seek issuance of a search warrant.
4.1.6 The City has the right to determine and impose inspection schedules necessary to enforce the provisions of this Ordinance. Inspections may include, but are not limited to, the following:
4.1.6.1 An initial inspection prior to water management plan approval;
4.1.6.2 An inspection prior to burial of any underground drainage structures;
4.1.6.3 Erosion control inspections as necessary to determine effective control of sediment prior to discharge to the municipal separate storm sewer system;
4.1.6.4 A finish or closeout inspection when all work, including installation of storm management facilities, has been completed; and
4.1.6.5 An inspection to determine the effectiveness or operational viability of a permanent or long-term water quality management practice(s).
Section 5 - Illicit Discharge Detection and Elimination
5.1 Prohibition of illegal discharges
5.1.1 Pursuant to the Kentucky Pollutant Discharge Elimination System (KPDES) Municipal Separate Storm Sewer System (MS4) Program, illicit discharges to the MS4 are defined as illegal. Except as hereinafter provided, all non-water discharges into the MS4 are prohibited and declared to be unlawful.
5.1.2 It is unlawful for any Person to connect any pipe, open channel, or any other conveyance system that discharges anything except stormwater or unpolluted water, which is approved by the City based on exemptions listed in Section 5.2 below, to the water quality system.
5.1.3 It is unlawful for any Person to discharge waters from residential construction activities that are not complying with the Standard of Practice for Residential Construction Water Quality Management as approved and advertised by the City.
5.1.4 In addition to illicit discharges, the discharge of spills and the dumping and/or disposal of materials other than stormwater, including, but not limited to, unpermitted (KPDES) industrial and commercial wastes, commercial car wash wastes, sanitary sewage, garbage, yard waste, trash, petroleum products, including used motor vehicle fluids, as well as leaf litter, grass clippings, and animal wastes into the MS4, whether directly or indirectly, are prohibited, unless authorized under a KPDES permit.
5.2 Allowable Discharges
5.2.1 Unless the City has identified a discharge as an unacceptable source of pollutants to the "Waters of the Commonwealth of Kentucky", the following non-stormwater discharges into the MS4 are lawful:
5.2.1.1 Discharges from emergency fire fighting activities;
5.2.1.2 Diverted stream flows;
5.2.1.3 Rising ground waters;
5.2.1.4 Uncontaminated groundwater infiltration to separate storm sewer systems (as defined by 40 CFR35.2005(20);
5.2.1.5 Uncontaminated pumped ground water;
5.2.1.6 Discharges from potable water sources as required for system maintenance;
5.2.1.7 Drinking water line flushing;
5.2.1.8 Air conditioning condensate;
5.2.1.9 Uncontaminated landscape irrigation;
5.2.1.10 Uncontaminated irrigation water;
5.2.1.11 Lawn watering;
5.2.1.12 Uncontaminated springs;
5.2.1.13 Uncontaminated water from crawl space pumps;
5.2.1.14 Uncontaminated water from footing drains and pumps;
5.2.1.15 Individual residential car washing;
5.2.1.16 Flows from riparian habitats and wetlands;
5.2.1.17 Swimming pool discharges dechlorinated through City accepted BMPs;
5.2.1.18 Controlled flushing stormwater conveyances (contained and treated by appropriate BMPs);
5.2.1.19 Discharges within the constraints of a Kentucky Pollutant Discharges Elimination System (KPDES) permit from the Kentucky Division of Water (KDOW); and
5.2.1.20 Discharges approved at the discretion of the City Representative.
5.3 Accidental discharges
5.3.1 In the event of any discharge of a hazardous substance in amounts that could cause a threat to public drinking supplies, a spill having a significant adverse impact as defined by the USEPA and Kentucky State Law, or any other discharge that could constitute a threat to human health or the environment, as may be asserted by the City, the owner or operator of the facility shall give notice to the City and the KDOW as soon as practicable, but in no event later than four (4) hours after discovery of the accidental discharge or the discharger becomes aware of the circumstances.
5.3.2 If an emergency response by governmental agencies is needed, the owner or operator should call 911 immediately to report the discharge. A written report must be provided to the City within five (5) days of the time the discharger becomes aware of the circumstances, unless this requirement is waived by the City for good cause shown as determined by the City or its designee on a case-by-case basis, containing the following information:
5.3.2.1 A description of the discharge including volumes and concentrations;
5.3.2.2 The exact dates and times of discharge; and
5.3.2.3 Steps being taken to eliminate and prevent recurrence of the discharge.
5.3.3 The discharger shall take all reasonable steps to minimize any adverse impact to the MS4 or the Waters of State, including accelerated or additional monitoring necessary to determine the nature and impact of the discharge. It shall not be a defense, for the discharger in an enforcement action, to claim that it would have been necessary to halt or reduce the business or activity of the facility in order to maintain water quality and minimize any adverse impact that the discharge may cause.
Section 6 - Water Quality Management Plan (WQMP) Permit Application Process
6.1 The landowner shall obtain from the City a WQMP Permit prior to the initiation of any land-disturbing activities that result in the disturbance of 20,000 square feet or more of land. Although a permit is not required for any land disturbance over 2,000 square feet but disturb less than 20,000 square feet, the Landowner must nevertheless follow Best Management Practices.
6.2 This Water Quality Management Plan Permit (SWQMP) alone does not authorize or grant permission to begin development or redevelopment on subject property. It does not supersede other permits required by the City, State, and Federal Governments.
6.3 Project site owners, as applicable in Section 6.1, shall submit an application for a SWQMP on forms provided by the City.
6.4 Applications must include a Notice of Intent (NOI), Perimeter Control Plan (PCP), Water Quality Pollution Prevention Plan (WPPP), Post-Construction Water Quality Pollution Prevention Plan (P-SWPPP), and any other necessary information or documentation requested by the City. The NOI requirements are included in Section 6.6 of this Ordinance.
6.5 The PCP and SWPPP are components of the SWQMP. While both plans may be approved simultaneously, the provisions of a PCP shall be implemented, inspected and accepted by the City prior to implementing the SWPPP and P-SWPPP and before other construction proceeds.
6.6 The landowner must notify the City and the Kentucky Division of Water (KDOW) within the minimum timeframe specified in the KPDES General Permit for Water Discharges Associated with Small Construction Activities (KYR10) prior to the commencement of construction activities through the submittal of an updated NOI.
6.6.1 Submittal for a WQMP Permit application shall include a NOI letter, when required by 401 KAR 5:055 and 401 KAR 5:060, with proof of publication of a Public Notice, Construction Plans, a Perimeter Control Plan, a Water Quality Pollution Prevention Plan, Post-Construction Water Quality Pollution Prevention Plan, and any other necessary information or documentation requested by the City.
6.6.2 The NOI letter, proof of publication of public notice, and construction plans for the SWQMP Permit shall be submitted to the City.
6.7 Upon completion of construction activities, stabilization of the project site and removal of all temporary erosion protection and sediment control measures, the applicant shall submit a NOT to the City and the Kentucky Division of Water (KDOW). The City, or its designated representative, shall inspect the project site to verify that the requirements of the NOT have been met.
6.8 The City reserves the right to require a checklist of necessary items to be completed and included with the SWQMP Permit application submittal. Upon submittal, the SWQMP application shall be rejected in its entirety should any item on the checklist be incomplete.
6.9 The City reserves the right to collect fees associated with SWQMP Permit application, plan review, and inspections from the applicant.
7.1.1 Control Plan Objectives
7.1.1.1 Focus on downstream points and outfall areas and does not necessitate protection of the entire site boundary.
7.1.1.2 Protect adjacent properties by the use of vegetated strips along lower perimeters, sediment barriers, filters, diversion berms, sediment basins or other means acceptable to the City.
7.1.1.3 Protect all points of discharge from outlets such as pipes, drains, culverts, conduits and channels.
7.1.1.4 Minimize erosion and control sedimentation.
7.1.1.5 Reduce the velocity of flows from the project site.
7.1.2 Control Plan Requirements
7.1.2.1 The Permittee shall utilize sediment control measures that consider the type of flow, site terrain, soil type and other relevant factors.
7.1.2.2 Buffer strips may only be utilized for sheet flow.
7.1.2.3 Supplemental control measures shall be utilized when a single control device or measure proves ineffective.
7.1.2.4 Location and description of construction entrances and exits that comply, or exceed, with BMP minimum standards.
7.1.2.5 Minimum requirements of the KPDES General Permit for Stormwater Discharges Associated with Small Construction Activities (KYR10).
7.2.1 The Perimeter and Outfall Protection Inspection must be performed prior to the Permittee’s breaking ground or disturbing soil with exception for installation of sediment control practices at the hydrologic perimeter and outfall(s) of a construction site. The inspection shall include participation by the City, the Permittee and the Permittee’s Contractor.
7.2.2 The Perimeter and Outfall Protection Inspection may only be performed after the review and acceptance by the City of a Perimeter Control Plan.
7.2.3 Clearing, except that necessary to establish perimeter sediment control devices, shall not begin until perimeter and outfall sediment control devices have been installed and have been stabilized. Activities necessary to establish the perimeter controls are exempt from initial inspection.
7.2.4 The City shall inspect the proposed construction site within seven (7) normal business days after the submittal of the plan and installation of the perimeter protection devices.
7.2.4.1 The inspector shall in writing either approve the portion of work completed or notify the Permittee where the work fails to comply with the approved perimeter protection plan.
7.2.4.2 Failure by the City to perform the inspection within seven (7) normal business days will allow the Permittee to begin land-disturbing activities, but may be subject to subsequent inspections by the City and revisions in the Perimeter Protection Plan.
7.2.4.3 Inspection of perimeter and outfall protection measures shall consist of a written checklist for each type of protective measure to ensure that it was installed according to the approved plan and site-specific conditions.
7.2.4.4 Measures shown on the plan may be modified at the time of inspection pursuant to agreement between the City and the Permittee’s Engineer or Qualified Professional.
7.3 Other Inspections
The City may inspect a permitted construction site in order to determine compliance with this Ordinance. The City may determine and establish inspection schedules necessary to enforce the provisions of this Ordinance within access provided in Section 4.
7.4.1 By accepting the Permit, the Permittee automatically acknowledges and accepts that the City has the right to perform inspections of the project site.
7.4.2 The Permittee shall complete a Permit application that includes a Water Quality Pollution Prevention Plan (WPPP), Perimeter Control Plan (PCP), and Post-Construction Water Quality Pollution Prevention Plan (P-WPPP) to be completed, sealed and signed by a Licensed Professional Engineer and land surveyor as appropriate and submitted to the City Representative.
7.4.3 The plan shall include and/or address the following elements:
7.4.3.1 Area Vicinity Map showing current zoning, adjoining property owners, and street lines within one hundred feet (100’) of the project boundaries all drawn at a scale not greater than 1" = 2,000'.
7.4.3.2 North arrow and its basis.
7.4.3.3 Legend explaining symbols and abbreviations used on the plan.
7.4.3.4 "Do Not Disturb Limits" for construction activity indicated by a heavy dashed line and labeled as such.
7.4.3.5 Boundary of site defined by bearings and distances and indicated by a heavy solid line.
7.4.3.6 Drawing(s) at a scale not greater than 1" = 100'. In the case of an unusually large development, a scale of 1" = 200’ may be acceptable.
7.4.3.7 Acreage of the total site and acreage of the project site (if different).
7.4.3.8 Directly Connected Impervious Area (DCIA)
7.4.3.9 Impervious Areas as measured in square feet.
7.4.3.10 Benchmark location(s), description(s) and elevation(s) at sea level.
7.4.3.11 Basis of elevation datum.
7.4.3.12 Name, address and telephone number of the owner, developer, Permittee and project engineer.
7.4.3.13 Existing and proposed topography at two-foot contour intervals.
7.4.3.14 Mapping accuracy shall conform to National Standards of Mapping.
7.4.3.15 Location of sinkholes, streams, steep slopes, known springs and watercourses.
7.4.3.16 Location of any existing buildings or structures.
7.4.3.17 Location of any pertinent utilities, sanitary sewers, water and stormwater facilities on the property or within 50 feet of the site.
7.4.3.18 Elevations, dimensions, locations and the extent of all planned grading indicated with proposed contours.
7.4.3.19 A grading plan for borrow pits, quarries and material-processing facilities based on the findings of soil site investigations.
7.4.3.20 Design details of temporary and permanent structural controls.
7.4.3.21 Approximate location of the 100-year floodplain or a statement by a Professional Engineer or Professional Land Surveyor that the site is not located in an area subject to flooding. The basis for this determination shall be shown.
7.4.3.22 A detailed quantity estimate for water quality management controls and measures.
7.4.3.23 Identification of perimeter controls at outfalls and areas where construction site drainage leaves the property boundary or disturbed area(s).
7.4.3.24 Arrows indicating drainage flow patterns.
7.4.3.25 Location, dimensions, detailed specifications, and construction details of all temporary and permanent water quality measures.
7.4.3.26 Temporary stabilization plans and sequence of implementation.
7.4.3.27 Permanent stabilization plans and sequence of implementation.
7.4.3.28 Anticipated construction sequence describing the relationship between implementation of water quality measures and stages of construction activities.
7.4.3.29 Anticipated inspection and maintenance requirements for permanent and temporary measures. This shall include the expected frequency of routine inspections and maintenance activities such as removal of sediment and waste concrete.
7.4.3.30 Management practices or other controls to address the following:
7.4.3.30.1 Waste concrete management
7.4.3.30.2 Material delivery, handling and storage
7.4.3.30.3 Sanitary/ septic waste management
7.4.3.30.4 Solid waste/ trash and debris management
7.4.3.30.5 Vehicle and equipment cleaning, fueling and maintenance
7.4.3.30.6 Sensitive and vegetated area preservation
7.4.3.30.7 Pit and channel dewatering operations
7.4.3.30.8 Contaminated soil management as defined and approved by the Kentucky Divisions of Water and Waste Management
7.4.3.30.9 Hazardous materials and waste management as defined and approved by the Kentucky Divisions of Water and Waste Management
7.4.3.30.10 Pesticides, herbicides and fertilizer use
7.4.3.30.11 Long-term water quality treatment
7.4.4 Plan Revisions
The Permittee shall notify the City in writing of any substantial field changes made to the approved Water Quality Management Plan. Changes made to the Plan must be approved by the City Representative, prior to implementation.
7.4.5 Plan Review and Permit Issuance
The City shall review the SWPPP within a reasonable time frame, typically thirty (30) calendar days, from date of submission and issue or deny the requested permit. Failure to do so will allow the Person to proceed with land-disturbing activities in accordance with BMPs and the submitted SWPPP. However, the City still reserves the right to review and require changes it determines appropriate.
7.4.6 Requirements for Individual Lots
7.4.6.1 A separate water quality permit is not required for individual lots disturbing less than 20,000 square feet or more of land. For any land disturbance over 2,000 square feet but less than 20,000 square feet, the Landowner must nevertheless follow Best Management Practices.
7.4.6.2 All water quality management measures necessary to comply with this Ordinance must be implemented in accordance with the permitted plan for the larger project and adhere to the general standard or those of a common area plan.
7.4.6.3 The individual Permittee is responsible for the installation and maintenance of all erosion prevention and sediment control measures until the site is stabilized.
7.4.6.4 The Permittee, whether owning the property or acting as the representative of the property owner, shall submit to the City the following information for review and approval prior to the issuance of a building permit:
7.4.6.4.1 Dimensions, elevations, drainage patterns and swales, and location of existing buildings and natural features that are pertinent to this Ordinance;
7.4.6.4.2 Proposed drainage patterns;
7.4.6.4.3 Location of the construction access to the site; and
7.4.6.4.4 Location of perimeter erosion and sediment control measures prior to land disturbance.
7.4.6.4.5 The total square footage amount of disturbed area required by the project.
7.4.6.5 Temporary erosion prevention and sediment control measures may be removed for completion of the finish grade. Permanent stabilization to include either sod or mulched-seeding as appropriate for seasonal conditions shall be completed within fourteen (14) days prior to removal of temporary erosion prevention and sediment control measures.
Section 8 - Post-Construction Water Quality Management
8.1 Water Quality Management
8.1.1 This section concerning post-construction water quality management is only applicable when the disturbed area is over one acre.
8.1.2 If there is land disturbance over one acre, the Permittee shall complete a Permit application that includes a Post-Construction Water Quality Pollution Prevention Plan (P-SWPPP) to be completed, sealed and signed by a Licensed Professional Engineer and/or land surveyor as appropriate and submitted to the City Representative.
8.2 Post-Construction Water Quality Pollution Prevention Plan
A SWQMP Permit requires a review and submittal of a Post-Construction Water Quality Pollution Prevention Plan (SWPPP). The Post-Construction SWPPP shall include the following information:
8.2.1 A description of the proposed land use including amount of impervious area, directly connected impervious area, and nature of the development.
8.2.2 Location, dimensions, detailed specifications, and construction details of all post-construction water quality Best Management Practices (BMPs), as defined in the City guidance documents.
8.2.3 A sequence describing when each post-construction water quality BMP will be installed.
8.2.4 A Long-Term Operation and Maintenance Agreement containing maintenance guidelines for all post-construction water quality measures to facilitate their proper long-term function. This Agreement shall be made available to future parties, including property owners, who will assume responsibility for the operation and maintenance of the post-construction water quality measures.
8.2.5 The P-SWPPP shall include provisions for Buffers.
8.2.5.1 The Waterway Buffer will be used to define areas where land disturbance activities shall be permitted, but construction of any building or structure shall not be permitted.
8.2.5.2 A waterway buffer shall be applied to all waterways serving more than 25 acres of tributary area or presented on a United States Geological Survey map as a blue line stream.
8.2.5.3 The waterway buffer shall be defined as the greater of:
8.2.5.3.1 Area contained within a boundary established by the floodplain boundary as defined by FEMA or City master planning: or
8.2.5.3.2 Where a floodplain is not defined or calculated, the buffer will be 25-feet on each side from the top of waterway bank as defined by geomorphic shape (not by the current water surface elevation).
8.2.5.4 The waterway buffer and floodplain may be used for application of water quality devices. This may only be permitted if erosion prevention and sediment control, water quality, and cut-fill policies are adequately addressed as determined by the City according to the provisions of this Ordinance.
8.2.5.5 Exemptions are granted so long as, erosion prevention and sediment control, water quality and cut-fill policies are adequately addressed. Exemptions shall be granted for:
8.2.5.5.1 Roads and utilities crossing waterways.
8.2.5.5.2 Pedestrian trails and walkways proximate to waterways.
8.2.5.5.3 Other exemptions may be made at the discretion of the City Representative.
8.2.6 A Licensed Professional Engineer in the Commonwealth of Kentucky shall stamp all construction plans and long-term maintenance documentation. This shall include all proposed improvements or modifications to existing or new water quality infrastructure and other related improvements or modifications.
8.2.7 The City may require the posting of a maintenance bond to secure the structural integrity of said facilities as well as the functioning of said facilities in accordance with the approved Post-Construction SWPPP for a term of twenty-four (24) months from the date of acceptance of dedication. An irrevocable letter of credit can be used as the financial assurance in lieu of a maintenance bond although the contribution shall be equivalent to the amount that would be estimated for the maintenance bond. The maintenance bond shall be calculated as 20% of the estimated construction cost and may be reduced to 10% after twelve (12) months if there are no concerns by the City Representative.
8.3 BMP Design Requirements and Criteria
8.3.1 The City reserves the right to develop or adopt other guidance documents to serve as design and implementation standards. Other guidance documents distributed by the City should be reviewed and considered when preparing the Post-Construction SWPPP. These documents may be applied as standards by which designs are to be prepared and controls implemented.
8.3.2 The City shall have authority to implement this Ordinance by appropriate regulations, guidance or other related materials. In this regard, technical, administrative, or procedural matters may be modified as needed to meet the objectives defined herein, so long as such modifications as to technical, administrative, or procedural matters are not contrary or beyond the intent of the objectives defined above.
8.3.2.1 Regulations, guidance or other related materials that may be given authority by this Ordinance may include, but are not limited to: Best Management Practice (BMP) manuals, design regulations and requirements, submittal checklists, review checklists, inspection checklists, certifications, water quality management manuals and operation and maintenance manuals.
8.3.2.2 Materials may include information deemed appropriate by the City including guidance and specifications for the preparation of grading plans, selecting environmentally sound practices for managing water quality, minimum specifications and requirements, more complete definitions and performance standards.
8.3.2.3 The above referenced documents may restrict or prevent the use of specific products, techniques or management practices (that are to be accepted by the public or are deemed to have a negative impact on public infrastructure or the MS4) that have been identified as unacceptable for performance, maintenance or other technically based reasons.
8.3.2.4 Documents referenced above may be updated periodically to reflect the most current and effective practices and shall be made available to the public. However, the failure to update the manual shall not relieve any applicant from the obligation to comply with this Ordinance, and shall not prevent the City from imposing the most current and effective practices.
8.3.3 The P-SWPPP shall include provisions for water quality BMPs functioning independently or in combination. Acceptable water quality BMPs shall be defined by policy and guidance documents as approved by the Water Quality Board.
8.3.4 The P-SWPPP shall include provisions for water quality BMPs that are designed to achieve the following design / performance objectives:
8.3.4.1 Reduce Total Suspended Solids (TSS) from the first flush as defined by land use characteristics and contributing area; or, capture and treatment of at least 0.5-inch precipitation applied over the contributing area.
8.3.4.2 Reduce or buffer increases in water runoff temperature caused by contact with impervious surfaces.
8.3.4.3 Reduce or buffer increases in water runoff volume and flow rate caused by increases in directly connected impervious area and overall impervious area.
8.3.4.4 Water detention/ retention facilities shall be designed to address the rate at which flow is released over the entire runoff discharge period and the volume of discharge over the critical design-storm period if defined by City water quality master plans. The outlet structure shall be designed as a v-notch weir or other multiple stage configurations capable of controlling the discharge rates for the first flush, 2-, 10-, and 25-year design-storm events. The outlet structure shall be designed to safely bypass the 100-year storm event.
8.3.5 Soil bioengineering, "green" and other "soft" slope and stream bank stabilization methods shall receive preference over rip rap, concrete and other hard armoring techniques.
8.3.6 Retention - Supportive data must be submitted to justify the type of facility selected. If the facility is designed to retain (volume control) all or a significant portion of runoff (as opposed to temporarily detain), then appropriate soils analyses findings shall be submitted to the City. This submission shall also discuss the impacts the facility will have on local karst topography as found through a geotechnical investigation of the site. The facility may be designed to infiltrate runoff to groundwater rather than transmit it downstream under conditions up to a 10-year storm event. It must be able to bypass all other storms including 100-year event with a discharge rate equivalent to or less than pre-development conditions without negatively impacting the 100-year floodplain above or below the site. If data indicates that the facility can not retain a significant portion of the runoff (95%) then the facility must be designed to detain runoff.
8.3.7 If available, each P-SWPPP shall be evaluated for consistency with the water quality master plan or watershed study for the major watershed or watersheds within which the project site is located. The individual project evaluation will determine if water quantity and quality management practices can adequately serve the property and limit impacts to downstream public and private properties. The presence of a regional facility(s) will be considered in determining the extent to which water quantity and/or quality controls will be necessary.
8.3.8 The City reserves the right to require superseding or additional treatment criteria or objectives for specific pollutant(s) as necessary to meet overall water quality management program objectives or directives under a watershed improvement or Total Maximum Daily Load (TDML) program as administered by the USEPA or Commonwealth of Kentucky.
8.3.9 On-site BMP Coordination with Regional BMPs
8.3.9.1 All properties are expected to implement on-site water quality control measures, but the extent of application may be reduced given the availability, proximity and nature of regional water quality BMPs.
8.3.9.2 The extent and type of on-site water quality management practices implemented shall be proportionate to the land use, and proximity to regional water quality management practices.
8.4 BMP Ownership and Easements
8.4.1 Any water management facility or BMP which services individual property owners shall be privately owned. General routine maintenance (controlling vegetative growth and removing debris) shall be provided by the owner(s). The owner shall maintain a perpetual, non-exclusive easement that allows for access for inspection and emergency maintenance by the City. The City has the right, but not the duty, to enter premises for emergency repairs.
8.4.2 Any water quality management facility or BMP which services an individual residential subdivision in which the facility or BMP is within designated open areas or serves as an amenity with an established homeowners association shall be privately owned and maintained consistent with provisions of this Ordinance. The owner shall maintain a perpetual, nonexclusive easement which allows access for inspection and emergency maintenance by the City. The City has the right, but not the duty, to enter premises for emergency repairs.
8.4.3 Any water quality management facility or BMP which services commercial and industrial development shall be privately owned and maintained. The owner shall maintain a perpetual, nonexclusive easement which allows access for inspection and emergency maintenance by the City. The City has the right, but not the duty, to enter premises for emergency repairs.
8.4.4 All regional water quality management control facilities proposed by the owners, if approved and accepted by the City for dedication as a public regional facility, shall be publicly owned and/or maintained. All other water quality management control facilities and BMPs shall be privately owned and/or maintained unless accepted for maintenance by the City.
8.4.5 The City may require dedication of privately owned water quality facilities, which discharge to the City water quality system. This shall be at the approval of the City Council.
8.5 Regional Facilities Management
8.5.1 The objective of a regional water quality management facility, pond or other device, is to address the water quality management concerns in a given watershed with greater economy and efficiency than possible through individual facilities. The intended result is fewer water quality management facilities to maintain in the affected watershed while sustaining efficiency.
8.5.2 The City encourages regional water quantity and/or quality management practices, serving 25 to 250 acres of tributary area, which may be consistently and efficiently managed and maintained. These types of practices will be encouraged in order to replace or reduce the implementation of on-site water quantity and/or quality management practices, as determined to be appropriate by the City.
8.5.3 Where a regional water quality management facility has been established by one (1) or more local governments, or by an authority operating on behalf of one (1) or more local governments, a development or property may participate in said program in lieu of runoff control required by this Ordinance.
This may be permitted provided that:
8.5.3.1 Runoff from the development drains to an approved existing or proposed public regional water quality management facility that will be operational within one (1) year.
8.5.3.2 Participation in the form of contribution of funds, contribution of land, contribution of quality management facility construction work, or a combination of these, the total value of which shall be in accordance with a fee schedule adopted by the City.
8.5.3.3 The City finds that the water quality management plans are in compliance with all other applicable requirements and Ordinances.
8.5.3.4 Each fiscal or in-kind contribution from a development owner participating in a regional water quality management facility shall be used for acquisition, design, construction or maintenance of one (1) or more such facilities in the same watershed in which the development is located.
8.5.4 Detention facilities may, and are encouraged to, be designed to serve multiple purposes. For example, runoff may be detained under wet-weather conditions, but also serve as common or recreational areas during dry-weather conditions. Where multi-purpose facilities are provided, or where flat grades or poorly draining soils are encountered, provisions for adequate low-flow water quality management system may be required. Where the retention/ detention facility is planned to be used as a lake, pond or water quality management practice with a permanent pool, water budget calculations shall be performed and submitted to demonstrate that an adequate permanent pool depth is expected during dry summer months.
8.6 Long-Term Operation and Maintenance Agreements
8.6.1 Long-Term Operation and Maintenance Agreements shall include a maintenance plan for all water quality BMPs in new development or redevelopment that require more than general maintenance (e.g. periodic mowing).
8.6.1.1 The plan will be developed to ensure that the water quality BMP(s) is (are) kept functional. The maintenance agreement will specify minimum operation and maintenance requirements and intervals to be performed by the property owner.
8.6.1.2 The plan shall address schedules for inspections and techniques for operation and maintenance including vegetation clearing or mowing and removing accumulated trash, debris, sediment pollutants and other forms of pollution.
8.6.1.3 The Agreement shall be noted on the final plat with the appropriate notation on the particular lot(s).
8.6.1.4 The Agreement shall be included with property ownership title documents and shall be binding on the OWNER, its administrators, executors, assigns, heirs, and any other successors in interest.
8.6.1.5 The format for the Long-Term Operational and Maintenance Agreement shall be provided through example by the City, or through guidance documents.
8.6.1.6 Water Detention and Retention Maintenance - Care must be taken to ensure that any required facilities do not become nuisances or health hazards. Detention and retention facilities should be designed to require minimal maintenance, and maintenance expectations must be clearly stated in the Long-Term Operation and Maintenance Agreement.
8.6.1.7 When a water quality BMP serves more than (1) parcel, a home or property owners’ association or binding contract for the purpose of operation and maintenance is required. The owners association shall be responsible for operation and maintenance as directed by this Ordinance.
8.6.2 Single entity ownership – Where the permanent water quality runoff control facilities are designed to manage runoff from property in a single entity ownership, the maintenance responsibility for the water quality control facilities shall be with the single entity owner.
8.6.2.1 A single entity shall be defined as an association, public or private corporation, partnership firm, trust, estate or any other legal entity allowed to own real estate exclusive of an individual lot owner.
8.6.2.2 The stated responsibilities of the entity shall be documented in the Long-Term Operation and Maintenance Agreement. Terms including owning, operating and maintaining the facilities shall be submitted with plans in application for a SWQMP Permit for an adequacy determination. Approval of a SWQMP shall be conditioned upon the approval of these terms. These terms shall be in writing, shall be in recordable form, and shall, in addition to any other terms deemed necessary by the City, contain a provision permitting inspection at any reasonable time by the City of all facilities deemed critical in the public welfare.
8.6.2.3 Upon approval of the water quality BMPs by the City, the facility owner(s) shall demonstrate the ability to guarantee and apply the financial resources necessary for long-term maintenance requirements. The funding mechanism shall be in a form approved by the City. The City will only approve funding mechanism(s) for long-term maintenance responsibilities that can be demonstrated to be permanent or transferable to another entity with equivalent longevity.
8.6.2.4 In the event that proposed funding is through an owners association, then it must be demonstrated that the association may not dissolve unless long-term operation and maintenance activities are accepted by another entity with equivalent longevity and adequate funding. Furthermore, the owners association’s responsibility must be stated in the association’s declaration, covenants, or by-laws, as appropriate.
8.6.2.5 Unless made specifically clear in the preliminary stages of the site design and construction plan review procedure, it will be assumed that all water detention, retention, treatment or storage facilities and/or devices shall be owned, operated and maintained by a single entity as defined above.
8.6.3 City Ownership – Where the City has accepted an offer of dedication of the permanent water quality BMPs, the City shall be responsible for operation and maintenance.
Section 9 - Water Quality Management Plan Permit Inspections
9.1 Permittee Performed Inspections
9.1.1 Permittee performed inspections (self inspections) shall be performed by a Qualified Professional.
9.1.2 The City shall develop standards and a checklist to be used by the Permittee for the inspections.
9.1.3 Documentation of owner performed inspections and inspection findings shall be kept on site, if appropriate facilities are available.
9.1.4 Documentation of owner performed inspections and inspection findings shall be made available within two (2) business days for construction and seven (7) days for post-construction of a request by the City or designated representative. Failure to timely submit documentation, as requested, will be assumed to indicate that inspections were not performed and may result in corresponding enforcement procedures.
9.1.5 Construction Inspections
Maintenance inspections shall be performed at control measures in accordance with the KPDES General Permit for Stormwater Discharges Associated with Small Construction Activities (KYR10), which requires self inspections at least every seven (7) regular calendar days or at least once every fourteen (14) calendar days, and within twenty-four (24) hours after any storm event of one-half (0.5) inch or greater. The Permittee shall begin repair actions within seven (7) calendar days after deficiencies or failures have been identified.
9.1.6 Post-Construction Inspections
Inspection and maintenance shall be performed at water quality BMPs on at least an annual basis and as otherwise determined in the Long-Term Operation and Maintenance Agreement.
9.2 Oversight Inspections
9.2.1 The City, or the City’s designated representative, has the authority to periodically inspect the water quality BMPs. The City may make inspections of the site at its discretion and shall either approve the condition of the BMP or shall notify the Permittee wherein the condition fails to comply with the approved SWQMP.
9.2.2 The City or its designated representative’s inspections and findings will be presented and reviewed with the Permittee at the time of inspection (as available to site personnel), and be available in the City public records within seven (7) normal business days.
9.2.3 The City shall identify in writing any measures with deficiencies or that are not in compliance with the objectives of this Ordinance and the SWQMP Permit.
9.2.4 The City is authorized to negotiate with the Permittee to develop and implement an action plan that exceeds the SWQMP Permit provisions, but is necessary to prevent water pollution from leaving the site.
Section 10 - Qualified Professional
A Qualified Professional is required to perform Construction and Post-Construction inspections and to direct and/or supervise maintenance activities to ensure that the SWQMP Permit and Long-Term Operation and Maintenance Agreement provisions are being implemented properly and maintain written records of said inspections.
10.1 Effect
Section 10 Qualified Professional shall be effective and enforced on _________, 2009.
10.2 Registration
Qualified Professionals performing inspections or
overseeing maintenance activities under this Ordinance must be registered by
the City prior to execution of those actions. All applicants must file an
application with the City.
10.3 Construction Qualified Professional Prerequisites
10.3.1 Applicants must demonstrate knowledge and experience in the following areas:
10.3.1.1 Construction practices;
10.3.1.2 Operational standards;
10.3.1.3 Cause and failure indicators; and
10.3.1.4 Maintenance measures used to prevent and correct failures.
10.3.2 Applicants who can demonstrate one or more of the following will be considered for registration:
10.3.2.1 Similar qualification or certification of any other similar program in the Commonwealth of Kentucky or in the United States so long as that program required a test and the applicant passed the test.
10.3.2.2 Qualification or certification program as designated in the KPDES General Permit for Stormwater Discharges Associated with Small Construction Activities (KYR10).
10.3.3 Documentation demonstrating the above will be required by the City before registration will be granted.
10.4 Post-Construction Qualified Professional Prerequisites
10.4.1 Applicants must demonstrate knowledge and experience in the following areas:
10.4.1.1 Water quality treatment practices;
10.4.1.2 Operational standards;
10.4.1.3 Cause and failure indicators; and
10.4.1.4 Maintenance measures used to prevent and correct failures.
10.4.2 Applicants who can demonstrate one or more of the following will be considered for registration:
10.4.2.1 Professional Engineer license in good standing in the Commonwealth of Kentucky with demonstrated experience in water quality treatment BMPs.
10.4.2.2 Professional Land Surveyor license in good standing in the Commonwealth of Kentucky with demonstrated experience in water quality treatment BMPs.
10.4.2.3 Landscape Architect license in good standing in the Commonwealth of Kentucky with demonstrated experience in water quality treatment BMPs.
10.4.2.4 Professional in Water Quality Certification in good standing.
10.4.2.5 Similar qualification or certification of any other similar program in the Commonwealth of Kentucky or in the United States so long as that program required a test and the applicant passed the test.
10.5 The City may report to the appropriate licensing, certification or qualification authority for activities not consistent with the policies and procedures identified in this ordinance. This may include reporting activities that include but are not limited to, the submittal of false or misleading information or for repeated incompetence or negligent actions by the registrant.
Section 11 - Water Quality Management Plan Permit Termination
11.1 The Permittee shall submit a completed Notice of Termination (NOT) the City and the Kentucky Division of Water (KDOW) per the KPDES General Permit for Stormwater Discharges Associated with Small Construction Activities (KYR10).
11.2 Written acceptance of site conditions shall be made by the City based upon an inspection.
11.3 The City shall consider whether conditions are sufficient, appropriate and consistent with the SWQMP.
11.4 A Permit shall be considered open and active until the City accepts the site conditions, a Long-Term Operation and Maintenance Agreement has been accepted, and after the following as-built requirements have been completed:
11.4.1 Temporary erosion and sediment control measures have been removed.
11.4.2 The remaining, undeveloped acreage that was subject to the permit does not exceed five (5) acres.
11.4.3 The designed public utilities are installed and have been inspected by the appropriate agencies.
11.4.4 The road(s) have been constructed and the binder course of pavement has been placed in accordance with the standards in the Subdivision Regulations.
11.4.5 The remaining undeveloped acreage that was subject to the Permit does not pose a significant threat to the integrity of the infrastructure, adjacent properties or water quality.
11.4.6 Permanent water quality BMPs and other measures have been implemented and are operational at the designed levels.
11.4.7 Pipes, channels, catch basins, water quality treatment devices and other drainage features are clear of sediment, obstructions and debris, and are operating as designed and appropriate for final site conditions.
11.4.8 Disturbed slopes are stabilized.
11.4.9 Detention and retention basins are stabilized at designed volumes and conditions.
11.4.10 The City shall have twenty-one (21) normal business days to perform an inspection and respond to the request. If the City does not respond within the twenty-one (21) normal business days, then the request shall be granted automatic approval.
11.5 As-built Requirements
11.5.1 Prior to issuance of a Certificate of Occupancy, recording of the final plat or final release of bond, the as-built condition (including: invert elevations, size shape and location) of critical water quality management features must be identified, approved, and provided in a electronic form to the City Representative.
11.5.2 The volume, slopes, configuration, condition and topographic information of all detention, retention and water quality practices shall be certified by a Professional Engineer or Land Surveyor, as appropriate, licensed in the Commonwealth of Kentucky. This information shall be provided to the City, in the form of an as-built drawing or other electronic form accepted by the City. The as-built certification shall indicate if final conditions are consistent with, or exceed, the SWQMP provisions.
11.5.3 If it is determined that information provided in the as-built drawing, certification, inspection or survey of the site does not meet or exceed the SWQMP provisions, the City reserves the right to withhold Certification of Occupancy or final bond release. Furthermore, other enforcement mechanisms may be applied to the Permittee or persons making certifying statements.
11.5.4 The requirements of this subsection do not apply for individual residential lot development.
Section 12 - Mediation Process for Plan Acceptance
12.1 Plan Acceptance
12.1.1 In such cases when the City Representative and the Owner’s Engineer are not able to reach agreement on construction plans to meet the requirements of this Ordinance, then the Owner’s Engineer may request binding arbitration.
12.1.1.1 Upon request for mediation, the City Representative and the Owner’s Engineer shall discuss and attempt to agree on selection of a third party licensed professional engineer in the technical area of concern that will be used to mediate the points of difference.
12.1.1.2 If the City Representative and the Owner’s Engineer are unable to agree upon a mediator and/or to resolve the differences in mediation, either party may then seek a legal remedy.
12.1.2 The time and related expenses of the mediating engineer shall be borne by the Owner’s Engineer.
12.1.3 The mediating engineer shall document and transmit their opinions and/or discussion results to both the City Representative and the Owner’s Engineer upon completion of the mediation process regardless of outcome.
12.1.4 Pending resolution, the disputed enforcement action shall remain in effect.
Section 13 - Enforcement, Penalties and Appeals
13.1 It will be the responsibility of the Permittee to ensure compliance with this ordinance and implementation of the SWQMP Permit and Long-Term Operation and Maintenance Agreement. However, all responsible persons, regardless of ownership, must comply with the requirements of this ordinance and may be held accountable to the enforcement provisions herein.
13.2 Disconnection of Illicit Discharges
13.2.1 The Person responsible for any connection in violation of Section 5 of this ordinance, with regard to illicit discharges, shall immediately cause the illegal connection to be disconnected and redirected, if necessary, to the appropriate sanitary sewer system upon approval by the operating body of said sanitary sewer system and the Kentucky Division of Water.
13.3 Liability of Expenses Incurred
13.3.1 Any Person responsible for illicit discharges or noncompliance with BMPs at industrial and/or construction sites, and who fails to correct any prohibited condition or discontinue any prohibited activity at the order of the City, shall be liable to the City for expenses incurred in abating pollution. This may include expenses incurred in testing, measuring, sampling, collecting, removing, treating, and disposing of the polluting materials and preventing further noncompliance and/or illicit discharges.
13.4 Enforcement
13.4.1 The City shall institute appropriate actions or proceedings by law or equity for the enforcement of this ordinance within the areas of jurisdiction previously described. Any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions, and other appropriate forms of remedy or relief. Each day of noncompliance is considered a separate offense; and nothing herein contained shall prevent the City from taking such other lawful action as necessary to prevent or remedy any violation, including application for injunctive relief.
13.4.2 Any of the enforcement remedies and penalties, provided in this ordinance are available to be applied independently or in a sequence deemed necessary, shall be available to the City in response to violations of this ordinance. If the Person, property or facility has or is required to have a stormwater discharge permit from the KDOW, the City may alert the appropriate State authorities of the violation.
13.4.3 Notice of Deficiency (NOD)
13.4.3.1 In instances when the City, based on observations or investigations, has reasonable cause to believe that a deficiency of this ordinance has occurred, the City is authorized to notify the Permittee in writing of the following items:
13.4.3.1.1 Date and location of site observation(s) or investigation(s).
13.4.3.1.2 An itemized list of any deficiencies or failures.
13.4.3.1.3 A deadline in which the deficiencies are to be eliminated.
13.4.3.1.4 The written Notice of Deficiency shall be hand-delivered and/or sent by certified mail to the Permittee.
13.4.3.2 It will be the responsibility of the Permittee to determine what corrective actions are needed. If the deadline for eliminating the deficiency is not met, it is the responsibility of the Permittee to document that the deadline has not been met and request an extension to be evaluated by the City on a case by case basis.
13.4.4 Permit Denial
At the discretion of the City Representative or designated agent, it may withhold or delay any permit application, inspection requests, appeals, or other plan approvals from person(s) that have unresolved enforcement matters.
13.4.5 Notice of Violation (NOV) – Whenever the City or its designated representative finds that any Person owning or occupying a premises has violated or is violating this ordinance or order issued hereunder, the enforcement official may serve, by personal service, or by registered or certified mail, upon said Person a written NOV. Within thirty (30) days of the receipt of this notice, or shorter period as may be prescribed in the NOV, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, which shall include specific required actions, must be submitted to the City or its designated representative. Submission of this plan shall in no way relieve liabilities for violations occurring before or after receipt of the NOV.
13.4.6 Stop Work Order
13.4.6.1 In the event compliance cannot be achieved within the terms of a Notice of Deficiency, Notice of Violation, Permit Suspension or Permit Revocation, the City may proceed with a Stop Work Order. In the event the City Representative perceives that there is an immediate adverse impact or blatant disregard for the requirements, it may issue a Stop Work Order without first administering a Notice of Deficiency, Notice of Violation, Permit Suspension or Permit Revocation.
13.4.6.2 No construction activities, other than those required to address deficiencies / violations, are allowed on a project site when a Stop Work Order has been issued.
13.4.6.3 The written Stop Work Order shall be sent by certified mail to the Permittee.
13.4.6.4 The written Stop Work Order shall specify deficiencies and violations that must be corrected prior to a City inspection for consideration of removing the Stop Work Order.
13.4.6.5 The Permittee shall notify the City in writing of the anticipated date for completion of the corrective action(s) and provide at least two (2) normal business days notice for the City to perform a compliance inspection.
13.4.6.6 When a Stop Work Order is removed, the City shall provide written notice to the Permittee.
13.4.7 Permit Suspension or Revocation
13.4.7.1 In the event compliance cannot be achieved within the terms of a Notice of Deficiency and/or Notice of Violation, the City may proceed with permit suspension or revocation.
13.4.7.2 Land-disturbing activities are not allowed on a project site when a permit has been suspended or revoked other than those required to address deficiencies / violations.
13.4.7.3 The written Permit Suspension or Revocation shall be hand-delivered and/or sent by certified mail to the Permittee.
13.4.7.4 A Permit Suspension requires that the Permittee submit a revised portion of SWQMP as indicated by the City for review and acceptance by the City of the specific issue of contention. When a Permit Suspension is removed, the City shall provide written notice to the Permittee.
13.4.7.5 When a Permit is revoked, the Permittee must reapply for a permit through the process of requesting a new Permit.
13.4.7.6 A Permit Revocation requires that the Permittee resubmit a SWQMP for a full review and acceptance by the City Representative.
13.4.8 Compliance order – If a Person violates the provisions of this ordinance, the City or its designated representative, may give notice to the Owner or to any Person in responsible charge of the subject property ordering that unlawful conditions existing thereupon be abated within a schedule defined from the date of such notice.
13.4.8.1 The enforcement official shall have the authority to establish elements of a compliance SWQMP and require the owner implement such a plan as may be reasonably necessary to fulfill the purposes of this chapter. The enforcement official may establish the requirements of BMPs.
13.4.8.2 The notice and order may be given, provided that if in the opinion of the City or its designated representative, the unlawful condition is such that it is of imminent danger or peril to the public, then the City or its designated representative shall, with or without notice, proceed to abate the same, and the cost thereof shall be charged against the property. The City, as described further in this subsection, may recover the cost of such actions from the property owner.
13.4.9 Fines – A Person that has been found to have been in violation of any provision of this ordinance, may be assessed a civil penalty not to exceed the amount presented in this subsection.
13.4.9.1 The penalty shall increase by twenty-five percent (25%) of the previous penalty amount for every subsequent, but separate offense made by the same Person. The penalty shall be in addition to other enforcement actions of this section.
13.4.9.2 The penalty may be assessed for each day, beyond schedules applied in compliance orders or other schedules issued to the property owner or other Person responsible, for unauthorized activity defined in this section.
13.4.9.3 In determining the amount of the penalty a penalty schedule may be developed by the City Representative with confirmation by resolution of the City Council that shall consider the following:
13.4.9.3.1 The degree and extent of the harm to the natural resources, to the public health, or to the public or private property resulting from the violation;
13.4.9.3.2 The duration and gravity of the violation;
13.4.9.3.3 The effect on ground or surface water quality;
13.4.9.3.4 The cost of rectifying the damage;
13.4.9.3.5 The amount of money saved by noncompliance;
13.4.9.3.6 Whether the violation was committed willfully or intentionally;
13.4.9.3.7 The cumulative effect of other enforcement actions applied for the same offense;
13.4.9.3.8 The prior record of the violator in complying or failing to comply with the water quality management program; and
13.4.9.3.9 The costs of enforcement to the City.
13.4.9.4 The maximum fines will be determined by the type of offense. This indicates the maximum that may be imposed for a first offense and does not reflect the increases described above for repeat offenses.
13.4.9.4.1 Development without or inconsistent with permit – up to $7,500
To engage in any development, use, construction, remodeling or other activity of any nature in any way without all required permits inconsistent with any approved plan, permit, certificate or other form of authorization granted for such activity.
13.4.9.4.2 Violation by act or omission – up to $5,000
To violate, by act or omission, any term, variance, modification, condition or qualification placed by the City or its designated representative upon any required permit, certificate, or other form of authorization of the use, development, or other activity upon land or improvements thereon.
13.4.9.4.3 Illicit Discharge – up to $5,000
Any Person who is found to have improperly disposed of any substance defined as an illicit discharge, not an allowable discharge or causes The City to be in noncompliance with any applicable environmental permit.
13.4.9.4.4 Household Products – up to $500
Any Person who is found to have improperly disposed of any substance not included in Section 5.2 that was purchased over-the-counter for household use, in quantities considered normal for household purposes, which upon discharge to the MS4 or drainage network would have an adverse impact on water quality or cause the City to be in noncompliance with any applicable environmental permit.
13.4.9.5 In the event there are penalties assessed by the State against the City caused by a Person, said Person shall be assessed the equivalent amount of civil penalty. This shall include, but is not limited to, penalties for improper disposal or illegal dumping, or illicit connection into the MS4.
13.4.10 Administrative Fee – Any Person who undertakes any development activity requiring a water quality management plan hereunder without first submitting the plan for review and approval shall pay to the City, in addition to any permit or inspection fee, an administrative fee which reflects the actual cost of the corrective action.
13.4.11 Order to clean and abate/restore – Any violator may be required to clean and/or restore land to its condition prior to the violation.
13.4.12 Cost Recovery - If corrective action is not taken in the time specified the City may take the corrective action. The cost of the corrective action abatement and/or restoration shall be borne by the property owner. If the invoice is not paid within ninety (90) calendar days, the enforcement official shall have the authority to place a lien upon and against the property. Alternatively, if the invoice is not satisfied within ninety (90) calendar days, the enforcement official is authorized to take all legal measures available to enforce the lien as a judgment, including, without limitation, enforcing the lien in an action brought for a money judgment, by delivery to the assessor or a special assessment against the property.
13.4.13 Injunctions and/or proceedings at law or in equity
13.4.13.1 Any violation of this ordinance or of any condition, order, requirement, or remedy adopted pursuant hereto may be restrained, corrected, abated, mandated, or enjoined by other appropriate proceeding pursuant to State law.
13.4.13.2 The City shall pursue, through a court of component jurisdiction, any penalties that are not paid in full.
13.4.14 Fee or utility credit revocation or adjustment – This enforcement tool is intended to be available or used if there are, at any time, provisions for a property water quality utility user fee funding mechanism managed by The City. This enforcement tool permits that credits (reductions), adjustments (increases) or other measures to modify fees or utility charges may be revoked or added, in full or in part, if any provisions of this ordinance are violated. The City Representative will develop and periodically revise an adjustment / credit schedule for adoption by resolution of the City Council.
13.4.15 Civil Actions – In addition to any other remedies provided in this ordinance, any violation of this ordinance may be enforced by civil action brought by the City's attorney. Monies recovered under this subsection shall be paid to the City to be used exclusively for costs associated with implementing or enforcing the provisions of this ordinance and the water quality program. In any such action, the City may seek, as appropriate, any or all of the following remedies:
13.4.15.1 A temporary and/or permanent injunction;
13.4.15.2 Assessment of the violator for the costs of any investigation, inspection or monitoring survey which lead to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection;
13.4.15.3 Costs incurred in removing, correcting or terminating the adverse effects resulting from the violation;
13.4.15.4 Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life.
13.4.16 Emergency Orders and Abatements - The enforcement official may order the abatement of any discharge from any source to the water quality conveyance system when, in the opinion of the enforcement official, the discharge causes or threatens to cause a condition that presents an imminent danger to the public health, safety, or welfare of the environment or a violation of a KPDES permit. In emergency situations where the property owner or other responsible party is unavailable and time constraints are such that service of a notice and order to abate cannot be effected without presenting an immediate danger to the public health, safety, or welfare of the environment or a violation of a KPDES permit, the City may perform or cause to be performed such work as shall be necessary to abate said threat or danger. The costs of any such abatement shall be borne by the owner and shall be collectable in accordance with the provisions of this subsection.
13.4.17 Violations deemed a Public Nuisance - In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this ordinance is a threat to public health, safety, welfare and environment and is declared and deemed a nuisance, and may be abated by injunctive or other equitable relief as provided by State and local law.
13.4.18 Remedies Not Exclusive - The remedies listed in this ordinance are not exclusive of any remedies available under any applicable Federal, State or local law and the City may seek cumulative remedies.
13.5 Appeals
13.5.1 In order to have an appeal considered, the applicant shall submit a written request within 15 calendar days of the decision made by the City Representative to the City of Pewee Valley.
13.5.2 A hearing date shall be set within 30 calendar days from receipt of the appeal.
13.5.3 A written, final decision shall be rendered no more than five business days after the hearing in writing.
13.6 Notice
13.6.1 Notice shall be delivered to the last known address of the property owner on record at the Property Valuation Administrator’s Office. Notice shall be deemed served by certified mail, return receipt requested.
Section 14 - Compatibility and Severability
Should any Article, Section, Subsection, Clause or Provision of this Ordinance be declared by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole or any part thereof other than the part declared to be unconstitutional or invalid, each Article, Section, Subsection, Clause and Provision being declared severable.
The laws of the Commonwealth of Kentucky shall apply to this ordinance.
If any provisions of this Ordinance and any other provisions of law impose overlapping or contradictory regulations, or contain any restrictions covering any of the same subject matter, that provision which is more restrictive or imposes higher standards or requirements shall govern.
Section 15 - Effective Date
All Sections of this Ordinance shall take effect upon passage.
First Reading: April 6, 2009
Second Reading: May 4, 2009
Passage and Approval: May 4, 2009
ATTEST:
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City Clerk
"Aye" Votes:
Bethany Major
Dana Barrette
Will Chambers
Amy Johnson
Carol Akers
Dick Filippini
"Nay" Votes:
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