§ 13.30.060. Stormwater discharges from construction activities.

A.

General Requirements.

1.

The owners of construction sites shall ensure that best management practices are used to control and reduce the discharge of pollutants into the storm sewer system and waters of the United States to the maximum extent possible under the circumstances.

2.

Qualified personnel (provided by the owner of the construction site) shall inspect disturbed areas that have not been finally stabilized, areas used for storage of materials that are exposed to precipitation, structural control measures, and locations where vehicles enter or exit the site, at least once every fourteen calendar days and within twenty-four hours of the end of a storm that is one-half inch or greater. All erosion and sediment control measures and other identified best management practices shall be observed in order to ensure that they are operating correctly and are effective in preventing significant impacts to receiving waters and the storm sewer system. Based on the results of the inspection, the best management practices shall be revised as appropriate as soon as practicable. These inspections, along with a description of revisions, will be documented in writing and available for inspection by the city officer upon request.

3.

Should it be found that soil or pollutants have already or may be carried into the storm sewer system or waters of the United States, immediate measures will be taken by the owner to remedy the violation and/or remove the pollutants. If the owner fails to remove pollutants within the time period prescribed in the notice of violation from the city, the city may remove the pollutants and assess the cost thereof to the responsible owner. Failure of the owner to pay said costs will be grounds for the denial of further approvals or the withholding of occupancy certificates.

4.

When determined to be necessary for the effective implementation of this section, the city officer may require any plans and specifications that are prepared for the construction of site improvements to illustrate and describe the best management practices required by subsection A.l of this section above that will be implemented at the construction site. Should the proper BMPs not be installed or if the BMPs are ineffective, upon reasonable notice to the owner, the city may deny approval of any building permit, subdivision plat, site development plan, or any other city approval necessary to commence or continue construction, or to assume occupancy.

5.

The owner of a construction activity site is responsible for compliance with the requirements in this subsection.

6.

Any contractor on a construction site will also be required to use best management practices to minimize pollutants that enter into the storm sewer system.

7.

All persons shall avoid damaging BMP devices once in place. Any person damaging a BMP device shall be responsible for the repair of the damaged BMP device. Malicious destruction of a BMP device or failure of such responsible person to repair BMP device will be deemed a violation of this chapter.

B.

Sites Requiring Federal and/or State NPDES Stormwater Discharge Permits. All owners of, developers and contractors on construction activity sites that disturb one acre or greater, or that are part of a common plan of development one acre or greater or sale requiring said permit(s), shall comply with the following requirements (in addition to those in subsection A):

1.

Any owner who intends to obtain coverage for stormwater discharges from a construction site under the Kansas industrial general permit or the construction general permit shall submit a signed copy of its notice of intent to the city engineer's office when a building permit application is made. If the construction activity is already underway upon the effective date of this chapter, the NOI shall be submitted within thirty days. When ownership of the construction site changes, a revised NOI shall be submitted within fifteen days of the change in ownership.

2.

A stormwater pollution prevention plan shall be prepared and implemented in accordance with the requirements of the construction general permit or any individual or group NPDES permit issued for stormwater discharges from the construction site, and with any additional requirement imposed by or under this chapter and any other city chapter.

3.

The SWPPP shall be prepared by a licensed professional engineer or other qualified official approved by the city officer and shall comply with state NPDES requirements. The signature of the preparer shall constitute his/her attestation that the SWPPP fully complies with the requirements of the permit issued.

4.

The SWPPP shall be completed prior to the submittal of the NOI to the city building inspector's office and for new construction, prior to the commencement of construction activities. The SWPPP shall be updated and modified as appropriate and as required by the NPDES permit.

5.

The city officer may require any owner who is required by subsection B.2 of this section to prepare a SWPPP, to submit the SWPPP, and any modifications thereto, to the city building inspector's office for review at any time.

6.

Upon the city officer's review of the SWPPP and any site inspection that he/she may conduct, if the SWPPP is not being fully implemented, the city may upon reasonable notice to the owner, deny approval of any building permit, site development plan, final occupancy certificate, or any other city approval necessary to commence or continue construction. A stop work order may also be issued.

7.

All contractors working on a site subject to an industrial general permit or the construction general permit shall sign a copy of the appropriate certification statement prescribed in the Construction Site Storm Water BMP Manual before beginning work on the site.

8.

All contractors will be responsible for their own activities to ensure that they comply with the owners' SWPPP. Failure to comply with the SWPPP or malicious destruction of BMP devices is hereby deemed a violation of this chapter.

9.

The SWPPP and the certifications of contractors required by subsection B.7 of this section, and with any modifications attached, shall be retained at the construction site from the date of construction commencement through the date of final stabilization.

10.

The city officer may notify the owner at any time that the SWPPP does not meet the requirements of the NPDES permit issued or any additional requirement imposed by or under this chapter. Such notification shall identify those provisions of the permit or these chapters, which are not being met by the SWPPP, and identify which provisions of the SWPPP, require modification in order to meet such requirements. Within thirty days of such notification from the city, the owner shall make the required changes to the SWPPP and shall submit to the city officer a written certification from the owner that the requested changes have been made.

11.

The owner shall amend the SWPPP whenever there is a change in design, construction, operation, or maintenance, which has a significant effect on the potential for the discharge of pollutants to the storm sewer system or to the waters of the United States, and which has not otherwise been addressed in the SWPPP, or if the SWPPP proves to be ineffective in eliminating or significantly minimizing pollutants, or in otherwise achieving the general objective of controlling pollutants in stormwater discharges.

12.

Qualified personnel (provided by the owner of the construction site) shall inspect disturbed areas that have not been finally stabilized, areas used for storage of materials that are exposed to precipitation, structural control measures, and locations where vehicles enter or exit the site, at least once every fourteen calendar days and within twenty-four hours of the end of the storm that is one-half inch or greater. Disturbed areas and areas used for storage of materials that are exposed to precipitation shall be inspected for evidence of, or the potential for, pollutants entering the storm sewer system. Erosion and sediment control measures identified in the SWPPP shall be observed to ensure that they are operating correctly. Where discharge locations or points are accessible, they shall be inspected to ascertain whether erosion control measures are effective in preventing significant impacts to receiving waters or the storm sewer system. Locations where vehicles enter or exit the site shall be inspected for evidence of off-site sediment tracking.

13.

Based on the results of the inspections required by subsection B.l2 of this section, the pollution prevention measures identified in the SWPPP shall be revised as appropriate. Such modifications shall provide for timely implementation of any changes to the SWPPP within seven calendar days following the inspection.

14.

A report summarizing the scope of any inspection required by subsection B.l2 of this section, and the names(s) and qualifications of personnel making the inspection, the date(s) of the inspection, major observations relating to the implementation of the SWPPP, and actions taken in accordance with subsection B.13 of this section above shall be made and refined on site or at a local office in Great Bend as part of the SWPPP. Such report shall identify any incidence of noncompliance. Where a report does not identify any incidence of noncompliance, the report shall contain a certification that the facility complies with the SWPPP, the facility's NPDES permit, and this chapter. The report shall be certified and signed by the person responsible for making the inspection.

15.

The owner shall retain copies of any SWPPP and all reports required by this chapter or by the NPDES permit for the site, and records of all data used to complete the NOI for a period of at least three years from the date that the site is finally stabilized.

16.

Upon final stabilization of the construction site, the owner shall submit written certification to the city building inspector's office that the site has been finally stabilized. The city may withhold the final occupancy or use permit for any premises constructed on the site until such certification of final stabilization has been filed and the city building inspector has determined, following any appropriate inspection, that final stabilization has occurred and that any required permanent structural controls have been completed.

C.

Sites not requiring federal and/or state NPDES stormwater discharge permits which are less than one acre of undeveloped or redeveloped building lot sites shall comply with the following requirements:

1.

All owners of, developers, contractors and subcontractors working on the construction activity sites shall sign a copy of the appropriate certification statement(s) prescribed in the Construction Site Storm Water BMP Manual before beginning work on the site.

2.

All owners of, developers, contractors and subcontractors on construction activity sites shall comply with the BMP(s) in the individual building lot layouts provided in the Construction Site Storm Water BMP Manual .

(Ord. No. 4205, § 3, 8-17-2009)