§ 23-23. Performance standards for construction sites of one acre or more.

(a)

Responsible party. The responsible party shall comply with this section and implement the erosion and sediment control plan developed in accordance with section 23-25.

(b)

Erosion and sediment control plan. A written site-specific erosion and sediment control plan shall be developed in accordance with section 23-25 of this chapter and implemented for each construction site.

(c)

Erosion and other pollutant control requirements. The erosion and sediment control plan required under subsection (b) shall include the following:

(1)

Erosion and sediment control practices. Erosion and sediment control practices at each site where land disturbing construction activity is to occur shall be used to prevent or reduce all of the following:

a.

The deposition of soil from being tracked onto streets by vehicles.

b.

The discharge of sediment from disturbed areas into on-site stormwater inlets.

c.

The discharge of sediment from disturbed areas into adjacent waters of the state.

d.

The discharge of sediment from drainage ways that flow off the site.

e.

The discharge of sediment by dewatering activities.

f.

The discharge of sediment eroding from soil stockpiles existing for more than seven days.

g.

The discharge of sediment from erosive flows at outlets and in downstream channels.

h.

The transport by runoff into waters of the state of chemicals, cement, and other building compounds and materials on the construction site during the construction period. However, projects that require the placement of these materials in waters of the state, such as constructing bridge footings or BMP installations, are not prohibited by this subdivision.

i.

The transport by runoff into waters of the state of untreated wash water from vehicle and wheel washing.

(2)

Sediment performance standards. In addition to the erosion and sediment control practices under subsection (1), the following erosion and sediment control practices shall be employed:

a.

BMPs that, by design, discharge no more than five tons per acre per year, or to the maximum extent practicable, of the sediment load carried in runoff from initial grading to final stabilization.

b.

No person shall be required to employ more BMPs than are needed to meet a performance standard in order to comply with maximum extent practicable. Erosion and sediment control BMPs may be combined to meet the requirements of this paragraph. Credit may be given toward meeting the sediment performance standard of this paragraph for limiting the duration or area, or both, of land disturbing construction activity, or for other appropriate mechanisms.

c.

Notwithstanding subsection a., if BMPs cannot be designed and implemented to meet the sediment performance standard, the erosion and sediment control plan shall include a written, site-specific explanation of why the sediment performance standard cannot be met and how the sediment load will be reduced to the maximum extent practicable.

(3)

Preventive measures. The erosion and sediment control plan shall incorporate all of the following:

a.

Maintenance of existing vegetation, especially adjacent to surface waters whenever possible.

b.

Minimization of soil compaction and preservation of topsoil.

c.

Minimization of land disturbing construction activity on slopes of 20 percent or more.

d.

Development of spill prevention and response procedures.

(4)

Location. The BMPs used to comply with this section shall be located so that treatment occurs before runoff enters waters of the state.

(d)

Implementation. The BMPs used to comply with this section shall be implemented as follows:

(1)

Erosion and sediment control practices shall be constructed or installed before land disturbing construction activities begin in accordance with the erosion and sediment control plan developed in section 23-23(b).

(2)

Erosion and sediment control practices shall be maintained until final stabilization.

(3)

Final stabilization activity shall commence when land disturbing activities cease and final grade has been reached on any portion of the site.

(4)

Temporary stabilization activity shall commence when land disturbing activities have temporarily ceased and will not resume for a period exceeding 14 calendar days.

(5)

BMPs that are no longer necessary for erosion and sediment control shall be removed by the responsible party.

(Ord. No. 2017-01, 3-13-2017)