1367 000067
ORDINANCE NO. 1367 ( 4'10 - 09)
AN ORDINANCE CREATING JACKSONVILLE MUNICIPAL CODE 55 15.20
PROVIDING PROVISIONS TO PREVENT STORMWATER POLLUTION
WITHIN AND TO THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR
OTHER PURPOSES.
WHEREAS, the City of Jacksonville is in need of specific provisions regarding
the discharge, prevention, treatment, requirements, and enforcement of stormwater
control, prevention, and pollution.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF JACKSONVILLE, ARKANSAS, THAT:
SECTION ONE: JMC §§ 15.20 is hereby created and shall include the
following:
CITY OF JACKSONVILLE STORMWATER POLLUTION PREVENTION
Overview
JMC § 15.20.010. GENERAL PROVISIONS
(A) Purposes
(B) Administration
(C) Abbreviations
(D) Definitions
JMC § 15.20.020. PROHIBITIONS AND REQUIREMENTS
(A) Prohibitions
(B) Exemptions
(C) Requirements Applicable to Certain Dischargers
(D) Release Reporting and Cleanup
(E) Authorization to Adopt and Impose Best Management Practices
JMC § 15.20.030. STORMWATER DISCHARGES FROM CONSTRUCTION
ACTIVITIES
(A) General Requirements for Construction Sites
(B) Construction Sites Requiring an Approved SWP3
(C) Subdivision Developments Requiring an Approved SWP3
(D) Stormwater Pollution Prevention Plans
(E) Requirements for Utility Construction
(F) Grading Plan
JMC § 15.20.040. ENFORCEMENT
(A) Enforcement Personnel Authorized
(B) Right of Entry and Sampling
(C) Enforcement Procedures
(D) Enforcement Actions
(E) Criminal Penalties
(F) Other Appeasable Actions
(G) Other Legal Action
(H) Applicability
JMC § 15.20.050. FEES
(A) Fees
(B) Violations
EROSION AND SEDIMENT CONTROL GUIDELINES — Appendix
JMC § 15.20.010. GENERAL PROVISIONS.
(A) Purposes
The purposes and objectives of this Article are as follows:
(1) To maintain and improve the quality of water impacted by the storm
drainage system within the City of Jacksonville Arkansas;
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ORDINANCE NO. 1367 ( #10 — 09)
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(2) To prevent the discharge of contaminated stormwater runoff and illicit
discharges from industrial, commercial, residential, and construction sites into
the storm drainage system within the within the City Limits of Jacksonville
Arkansas;
_ (3) To promote public awareness of the hazards involved in the improper
discharge of trash, yard waste, lawn chemicals, pet waste, wastewater, oil,
petroleum products, cleaning products, paint products, hazardous waste,
sediment and other pollutants into the storm drainage system;
(4) To encourage recycling of used motor oil and safe disposal of other
hazardous consumer products;
(5) To facilitate compliance with state and federal standards by owners of
construction sites within the City Limits of Jacksonville, Arkansas; and,
(6) To enable the City to comply with all federal and state laws and
regulations applicable to the National Pollutant Discharge Elimination System
(NPDES) permitting requirements for stormwater discharges.
(B) Administration
Except as otherwise provided herein or by the City Council, the City Planner and /or
the City Engineer and the Code Enforcement Office shall administer, implement, and
enforce the provisions of this Program.
(C) Abbreviations
The following abbreviations when and if used in this herein shall have the
designated meanings:
ADEQ — Arkansas Department of Environmental Quality
BMP - Best Management Practices
CFR - Code of Federal Regulations
EPA - U.S. Environmental Protection Agency
HHW - Household Hazardous Waste
MS4 - Municipal Separate Storm Sewer System
NPDES - National Pollutant Discharge Elimination System
SWP3 - Stormwater Pollution Prevention Plan
(D) Definitions
Unless a provision explicitly states otherwise, the following terms and phrases when
and if as used, herein, shall have the meanings hereinafter designated.
(1) Best Management Practices (BMP's) refers to management practices
and methods to control pollutants in stormwater. BMP's are of two types: "source
controls" (nonstructural) and "treatment controls" (structural). Source controls are
practices that prevent pollution by reducing potential pollutants at their source,
before they come into contact with stormwater. Treatment controls remove
pollutants from stormwater. The selection, application and maintenance of BMP's
must be sufficient to prevent or reduce the likelihood of pollutants entering the
storm drainage system. Specific BMP's shall be imposed by the City and are
discussed further in Appendix A.
(2) City means urban settlement with large population.
(3) Clearing means the act of cutting, removing from the ground, burning,
damaging or destroying trees, stumps, hedge, brush, roots, logs, or scalping existing
vegetation.
(4) Commercial means pertaining to any business, trade, industry, or other
activity engaged in for profit.
(5) Construction Site means any location where construction activity
occurs.
(6) Construction Spoil means material of any nature removed or displaced
during the construction or grading process.
(7) Contaminated means containing harmful quantities of pollutants.
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(8) Contractor means any person or firm performing or managing
construction work at a construction site, including any construction manager,
general contractor or subcontractor. Also includes, but is not limited to, earthwork,
paving, building, plumbing, mechanical, electrical or landscaping contractors, and
material suppliers delivering materials to the site.
(9) Discharge means any addition or releases of any pollutant, stormwater
or any other substance whatsoever into storm drainage system.
(10) Discharger means any person who causes, allows, permits, or is
otherwise responsible for, a discharge, including, without limitation, any owner of a
construction site or industrial facility.
(11) Domestic Sewage means sewage originating primarily from kitchen,
bathroom and laundry sources, including waste from food preparation, dishwashing,
garbage grinding, toilets, baths, showers and sinks.
(12) Earthwork means the disturbance of soils on a site associated with
clearing, grading, or excavation activities.
(13) Environmental Protection Agency (EPA) means the United States
Environmental Protection Agency, the regional office thereof, any federal
department, agency, or commission that may succeed to the authority of the EPA,
and any duly authorized official of the EPA or such successor agency.
(14) Facility means any building, structure, installation, process, or activity
from which there is or may be a discharge of a pollutant.
(15) Fertilizer means a substance or compound that contains an essential
plant nutrient element in a form available to plants and is used primarily for its
essential plant nutrient element content in promoting or stimulating growth of a
plant or improving the quality of a crop, or a mixture of Two (2) or more fertilizers.
(16) Fire Protection Water means any water, and any substances or
materials contained therein, used by any person to control or extinguish a fire, or to
inspect or test fire equipment.
(17) Garbage means putrescible animal and vegetable waste materials from
the handling, preparation, cooking, or consumption of food, including waste
materials from markets, storage facilities, and the handling and sale of produce and
other food products.
(18) Groundwater means any water residing below the surface of the
ground or percolating into or out of the ground.
(19) Harmful Quantity means the amount of any substance that will cause
an adverse impact to storm drainage system or will contribute to the failure of the
City to meet the water quality based on Requirements of the NPDES permit for
discharges from the MS4.
(20) Hazardous Substance means any substance listed in Table 302.4 of
40 CFR Part 302.
(21) Hazardous Waste means any substance identified or listed as a
hazardous waste by the EPA pursuant to 40 CFR Part 261.
(22) Household Hazardous Waste (HHW) means any material generated
in a household (including single and multiple residences) that would be classified as
hazardous.
(23) Illegal Discharge see illicit discharge below.
(24) Illicit Discharge means any discharge to the storm drainage system
that is prohibited under this program.
(25) Illicit Connection means any drain or conveyance, whether on the
surface or subsurface, which allows an illicit discharge to enter the storm drainage
system.
(26) Industrial Waste (or commercial waste) means any wastes produced
as a byproduct of any industrial, institutional or commercial process or operation,
other than domestic sewage.
(27) Land Alteration means the process of grading, clearing, filling,
excavating, quarrying, tunneling, trenching, construction or similar activities
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(28) Mechanical Fluid means any fluid used in the operation and
maintenance of machinery, vehicles and any other equipment, including lubricants,
antifreeze, petroleum products, oil and fuel.
(29) Mobile Commercial Cosmetic Cleaning (or mobile washing)
means power washing, steam cleaning, and any other method of mobile cosmetic
cleaning, of vehicles and /or exterior surfaces, engaged in for commercial purposes
or related to a commercial activity.
(30) Municipal Separate Storm Sewer System (MS4) means the
system of conveyances, including roads, streets, curbs, gutters, ditches, inlets,
drains, catch basins, pipes, tunnels, culverts, channels, detention basins and ponds
owned and operated by the City and designed or used for collecting or conveying
stormwater, and not used for collecting or conveying sanitary sewage.
(31) NPDES means the National Pollutant Discharge Elimination System.
(32) NPDES Permit means a permit issued by EPA that authorizes the
discharge of pollutants to Waters of the United States, whether the permit is
applicable on an individual, group, or general area -wide basis.
(33) Notice of Violation means a written notice detailing any violations of
this program and any action expected of the violators.
( form, including, but not to:
petroleum , fuel Oil oil means , crude any oil, synthetic kind of oii oil , motor any oil, cooking oil, grease, sludge , oil
refuse, and oil mixed with waste.
(35) Open Drainage Channel means a ditch or depression, natural or
constructed that may intercept and/ or carry stormwater runoff.
(36) Owner means the person who owns a facility, part of a facility, or land.
(37) Person means any individual, partnership, co- partnership, firm,
company, corporation, association, joint -stock company, trust, estate, governmental
entity, or any other legal entity; or their legal representatives, agents, or assigns,
including all federal, state, and local governmental entities.
(38) Pesticide means a substance or mixture of substances intended to
prevent, destroy, repel, or migrate any pest.
(39) Pet Waste (or Animal Waste) means excrement and other waste
from domestic animals.
(40) Petroleum Product means a product that is obtained from distilling
and processing crude oil and that is capable of being used as a fuel or lubricant in a
motor vehicle or aircraft, including motor oil, motor gasoline, gasohol, other alcohol
blended fuels, aviation gasoline, kerosene, distillate fuel oil, and #1 and #2 diesel.
(41) Pollutant means any substance attributable to water pollution,
including but not limited to rubbish, garbage, solid waste, litter, debris, yard waste,
pesticides, herbicides, fertilizers, pet waste, animal waste, domestic sewage,
industrial waste, sanitary sewage, wastewater, septic tank waste, mechanical fluid,
oil, motor oil, used oil, grease, petroleum products, antifreeze, surfactants, solvents,
detergents, cleaning agents, paint, heavy metals, toxins, household hazardous
waste, small quantity generator waste, hazardous substances, hazardous waste, soil
and sediment.
(42) Pollution means the alteration of the physical, thermal, chemical, or
biological quality of, or the contamination of, any water that renders the water
harmful, detrimental, or injurious to humans, animal life, plant life, property, or
public health, safety, or welfare, or impairs the usefulness or the public enjoyment
of the water for any lawful or reasonable purpose.
(43) Potable Water means water that has been treated to drinking water
standards and is safe for human consumption.
(44) Private Drainage System means all privately or other publicly owned
ground, surfaces, structures or systems, that contribute to or convey stormwater,
including but not limited to, roofs, gutters, downspouts, lawns, driveways,
pavement, roads, streets, curbs, gutters, ditches, inlets, drains, catch basins, pipes,
tunnels, culverts, channels, detention basins, ponds, draws, swales, streams and
any ground surface.
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ORDINANCE NO. 1367 (#10 — 09)
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(45) Public Improvement Plans means engineering drawings subject to
approval by the City Planner and/ or the City Engineer for the construction of public
improvements.
(46) Qualified Person means a person who possesses the required
certification, license, or appropriate competence, skills, and ability as demonstrated
by sufficient education, training, and /or experience to perform a specific activity in a
timely and complete manner consistent with the regulatory requirements & generally
accepted industry standards for such activity.
(47) Release means to dump, spill, leak, pump, pour, emit, empty, inject,
leach, dispose or otherwise introduce into the storm drainage system.
(48) Rubbish means non - putrescible solid waste, excluding ashes, that
consist of: (A) combustible waste materials, including paper, rags, cartons, wood,
excelsior, furniture, rubber, plastics, yard trimmings, leaves, and similar materials;
and (B) noncombustible waste materials, including glass, crockery, tin cans,
aluminum cans, metal furniture, and similar materials that do not burn at ordinary
incinerator temperatures (1600 to 1800 degrees Fahrenheit).
(49) Sediment means soil (or mud) that has been disturbed or eroded and
transported naturally by water, wind or gravity, or mechanically by any person.
(50) Septic Tank Waste means any domestic sewage from holding tanks
such as vessels, chemical toilets, campers, trailers, septic tanks and aerated tanks
and shall also include decentralized sewer systems.
(51) Shall means mandatory; may means discretionary.
(52) Site means the land or water area where any facility or activity is
physically located or conducted, including adjacent land used in connection with the
facility or activity.
(53) Solid Waste means any garbage, rubbish, refuse and other discarded
material, including solid, liquid, semisolid, or contained gaseous material, resulting
from industrial, municipal, commercial, construction, mining or agricultural
operations, and residential, community and institutional activities.
(54) State means The State of Arkansas.
(55) Storm Drainage System means all surfaces, structures and systems
that contribute to or convey stormwater, including private drainage systems, the
MS4, surface water, groundwater, Waters of the State and Waters of the United
States.
(56) Stormwater means runoff resulting from precipitation.
(57) Stormwater Pollution Prevention Plan (SWP3) means a document
that describes the Best Management Practices to be implemented at a site, to
prevent or reduce the discharge of pollutants.
(58) Subdivision Development includes activities associated with the
platting or division of any parcel of land into two or more lots or tracts and includes
all construction activity taking place thereon.
(59) Surface Water means water bodies and any water temporarily
residing on the surface of the ground, including oceans, lakes, reservoirs, rivers,
ponds, streams, puddles, channeled flow, and runoff.
(60) Uncontaminated means not containing harmful quantities of
pollutants.
(61) Used Oil (or Used Motor Oil) means any oil that as a result of use,
storage, or handling, has become unsuitable for its original purpose because of
impurities or the loss of original properties.
(62) Utility Agency means private utility companies, engaged in the
construction or maintenance of utility distribution lines and services, including water,
sanitary sewer, storm sewer, electric, gas, telephone, television and communication
services.
(63) Wastewater means any water or other liquid, other than
uncontaminated stormwater, discharged from a facility.
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ORDINANCE NO. 1367 ( #10 — 09)
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(64) Water of the State (or water) means any groundwater, percolating
or otherwise, lakes, bays, ponds, impounding reservoirs, springs, rivers, streams,
creeks, estuaries, marshes, inlets, canals, inside the territorial limits of the State,
and all other bodies of surface water, natural or artificial, navigable or non -
r __ navigable, and including the beds and banks of all water courses and bodies of
surface water, that are wholly or partially inside or bordering the State or inside the
jurisdiction of the State.
(65) Water Quality Standard means the designation of a body or segment
of surface water in the State for desirable uses and the narrative and numerical
criteria deemed by State or Federal regulatory standards to be necessary to protect
those uses.
(66) Waters of the United States means all waters which are currently
used, were used in the past, or may be susceptible to use in interstate or foreign
commerce, including all waters which are subject to the ebb and the flow of the
tide; all interstate waters, including interstate wetlands; all other waters the use,
degradation, or destruction of which would affect or could affect interstate or
foreign commerce; all impoundments of waters otherwise defined as waters of the
United States under this definition; all tributaries of waters identified in this
definition; all wetlands adjacent to waters identified in this definition; and any
waters within the federal definition of "waters of the United States" at 40 CFR
Section 122.2; but not including any waste treatment systems, treatment ponds, or
lagoons designed to meet the requirements of the Federal Clean Water Act.
(67) Wetland means any area that is inundated or saturated by surface or
groundwater at a frequency and duration sufficient to support, and that under
normal circumstances does support, a prevalence of vegetation typically adapted for
life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs,
and similar areas.
(68) Yard Waste means leaves, grass clippings, tree limbs, brush, soil,
rocks or debris that result from landscaping, gardening, yard maintenance or land
clearing operations.
SECTION TWO: WC §15.20.020 is hereby created and shall read
as follows:
PROHIBITIONS AND REQUIREMENTS.
(A) Prohibitions
(1) No person shall release or cause to be released into the storm drainage system
any discharge that is not composed entirely of uncontaminated stormwater,
except as allowed herein. Common stormwater contaminants include trash,
yard waste, lawn chemicals, pet waste, wastewater, oils, petroleum products,
cleaning products, paint products, hazardous waste and sediment.
(2) Any discharge is prohibited if the discharge in question has been determined by
the City Planner and /or the City Engineer to be a source of pollutants to the
storm drainage system.
(3) The construction, use, maintenance or continued existences of illicit connections
to the storm drain system are prohibited. This prohibition expressly includes,
without limitation, illicit connections made in the past, regardless of whether
the connection was permissible under law or practices applicable or prevailing
at the time of connection.
(4) No person shall connect a line conveying sanitary sewage, domestic sewage or
industrial waste, to the storm drainage system, or allow such a connection to
continue.
(5) No person shall maliciously destroy or interfere with BMP's implemented
pursuant to this program.
(B) Exemptions
The following non - stormwater discharges are deemed acceptable and are not a
violation:
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ORDINANCE NO. 1367 ( #10 — 09)
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(1) A discharge authorized by an NPDES permit;
(2) Uncontaminated waterline flushing and other infrequent discharges from
potable water sources;
(3) Infrequent uncontaminated discharge from landscape irrigation or lawn
watering;
(4) Discharge from the occasional non - commercial washing of vehicles;
(5) Uncontaminated discharge from foundation, footing or crawl space
drains, sump pumps, and air conditioning condensation drains;
(6) Uncontaminated groundwater, including rising groundwater, groundwater
infiltration into storm drains, pumped groundwater, and springs;
D iverted stream flows and natural riparian habitat or wetland flows;
(7 ) P
and /or,
(8) A discharge or flow of fire protection water that does not contain oil or
hazardous substances or materials.
(C) Requirements Applicable to Certain Dischargers
(1) Private Drainage System Maintenance. The owner of any private drainage
system shall maintain the system to prevent or reduce the discharge of pollutants.
This maintenance shall include, but is not limited to, sediment removal, bank erosion
repairs, maintenance of vegetative cover, and removal of debris from pipes and
structures.
(2) Minimization of Irrigation Runoff. A discharge of irrigation water that is of
sufficient quantity to cause a concentrated flow in the storm drainage system is
prohibited. Irrigation systems shall be managed to reduce the discharge of water
from a site.
(3) Cleaning of Paved Surfaces Required. The owner of any paved parking lot,
or paved private drive shall clean the pavement as required to prevent the buildup
and discharge of pollutants. The visible buildup of mechanical fluid, waste materials,
sediment or debris is a violation of this program. Paved surfaces shall be cleaned by
dry sweeping, wet vacuum sweeping, collection and treatment of wash water or
other methods in compliance with this Program.
(4) Maintenance of Equipment. Any leak or spill related to equipment
maintenance in an outdoor, uncovered area shall be contained to prevent the
potential release of pollutants. Vehicles, machinery and equipment must be
maintained to reduce leaking fluids.
(5) Materials Storage. In addition to any other requirements of the City, materials
shall be stored to prevent the potential release of pollutants. The uncovered,
outdoor storage of unsealed containers of hazardous substances is prohibited.
(6) Pet Waste. Pet waste should be monitored so as to prevent discharge to a
storm drainage system.
(7) Pesticides, Herbicides and Fertilizers. Pesticides, herbicides and fertilizers
shall be applied in accordance with manufacturer recommendations and applicable
laws. Excessive application shall be avoided.
(8) Prohibition on Use of Pesticides and Fungicides Banned from
Manufacture. Use of any pesticide, herbicide or fungicide, the manufacture of
which has been either voluntarily discontinued or prohibited by the Environmental
Protection Agency, or any Federal, or State regulation is prohibited.
(9) Open Drainage Channel Maintenance. Every person owning or occupying
property through which an open drainage channel passes shall keep and maintain
that part of the drainage channel within the property free of trash, debris, excessive
vegetation, and other obstacles that would pollute, contaminate, or retard the flow
of water through the drainage channel. In addition, the owner or occupant shall
maintain existing privately owned structures adjacent to a drainage channel, so that
such structures will not become a hazard to the use, function, or physical integrity of
the drainage channel.
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ORDINANCE NO. 1367 ( #10 - 09)
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(D) Release Reporting and Cleanup
Any person responsible for a known or suspected release of materials which are
resulting in or may result in illegal discharges to the storm drainage system shall
take all necessary steps to ensure the discovery, containment, abatement and
cleanup of such release. In the event of such a release of a hazardous material, said
person shall comply with all state, federal, and local laws requiring reporting,
cleanup, containment, and any other appropriate remedial action in response to the
release. In the event of such a release of non - hazardous materials, said person shall
notify the City Planner and /or City Engineer no later than 4:00 p.m. of the next
business day.
(E) Authorization to Adopt and Impose Best Management Practices
The Technical Coordinator may adopt and impose requirements identifying Best
Management Practices for any activity, operation, or facility which may cause a
discharge of pollutants to the storm drainage system. Where specific BMP's are
required, every person undertaking such activity, operation, or owning such a
facility shall implement and maintain these BMP's at their own expense.
SECTION THREE: ]MC § 15.20.030 is hereby created and shall
read as follows:
STORMWATER DISCHARGES FROM CONSTRUCTION ACTIVITIES.
(A) General Requirements for Construction Sites.
(1) The owner of a site of construction activity shall be responsible for compliance
with the requirements of this program All sites, in accordance with State Law, must
post appropriate notices, and keep such logs and records as required by ADEQ.
(2) Waste Disposal. Solid waste, industrial waste, yard waste and any other
pollutants or waste on any construction site shall be controlled through the use of
- -- Best Management Practices. Waste or recycling containers shall be provided and
maintained by the owner or contractor on construction sites where there is the
potential for release of waste. Uncontained waste that may blow, wash or otherwise
be released from the site is prohibited.
(3) Ready -mixed concrete, or any materials resulting from the cleaning of vehicles
or equipment containing or used in transporting or applying ready -mixed concrete,
shall be contained on construction sites for proper disposal. Release of these
materials is prohibited.
(4) Erosion and Sediment Control. Best Management Practices shall be implemented
to prevent the release of sediment from construction sites. Disturbed areas shall be
minimized, disturbed soil shall be managed and construction site entrances shall be
managed to prevent sediment tracking. Excessive sediment tracked onto public
streets shall be removed immediately.
(5) During construction; Developers, property owners, builders, and Contractors
shall be required to keep streets, gutters, inlets, drainage pipes, swales, ditches,
drainage channels, emergency drainage swales and all drainage devices and
structures clean and free from debris, sedimentation, soil, and any deleterious
materials. Barriers shall be placed around area inlets prior to and subsequent to
placement of pavement. Any failure to meet this requirement shall, upon sufficient
notice and failure to immediately correct the notified condition, constitute grounds
for initiation of enforcement action, including, but not limited to, stopping all work
until correction is completed.
(6) Upon completion of permitted construction activity on any site, the property
owner and subsequent property owners will be responsible for continued compliance
with the requirements of this program, in the course of maintenance, reconstruction
or any other construction activity on the site.
(7) Developers, builders, property owners, or their legal agents, upon receipt of
notice by the City of Jacksonville that repair or maintenance is required within a
channel lying within their property, shall be responsible for effecting such repair or
maintenance within the time specified, or the City shall have repair and maintenance
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ORDINANCE NO. 1367 ( #10 — 09)
Page Nine
performed at the expense of the property owner unless it can be proven that the
damage was caused by another entity.
(8) All SWP3's filed with the City Planner and /or City Engineer shall be accompanied
by a certification by a qualified person that said SWP3 complies with this program;
the rules and regulations of ADEQ; and any regulations promulgated hereto.
(B) Construction Sites Requiring a SWP3
This provision applies to all construction sites where construction on a site will
disturb soil or remove vegetation of 1000 sq. ft. or more during the life of the
construction project; this shall include a single lot in a subdivision regardless of size.
A Stormwater Pollution Prevention Plan (SWP3) for the project must be provided
and implemented by the construction site owner as follows:
(1) The area disturbed shall be assumed to include the entire property area unless
all applicable plans specifically exclude certain areas from disturbance.
(2) The SWP3 must be provided by the owner and filed with the City Planner and /or
City Engineer for sites subject to review by the Planning Board such will not be
approved for construction until a duly certified SWP3 has been filed with the City
Planner and /or City Engineer.
(3) The City Planner and /or City Engineer may require revisions to the SWP3.
Construction activity, including any soil disturbance or removal of vegetation, shall
not commence on the site until a duly certified SWP3 has been filed with the City
Planner and /or City Engineer.
(4) The owner shall bear the responsibility for implementation of the SWP3 and
notification of all contractors and utility agencies on the site.
- (C) Subdivision Developments Requiring a SWP3
Where construction of a subdivision development will disturb soil or remove
vegetation on one (1) or more acres of land during the life of the development
project, an approved Stormwater Pollution Prevention Plan (SWP3) for the project
must be provided and implemented by the subdivision owner and /or the developer
as follows:
(1) The area disturbed shall be assumed to include the entire platted area.
(2) An SWP3 must be provided by the subdivision owner and /or the developer.
(3) An SWP3 must be provided for all phases of development, including sanitary
sewer construction, storm drainage system construction, waterline, street and
sidewalk construction, general grading and the construction of individual homes.
The subdivision owner will not be required to provide an SWP3 for the activities of
utility agencies within the subdivision.
(4) The subdivision owner shall provide a copy of the SWP3 to all utility agencies
prior to their working within the subdivision.
(5) The subdivision owner shall bear the responsibility for implementation of the
approved SWP3 for all construction activity within the development, excluding
construction managed by utility agencies.
(6) The subsequent owner of an individual lot bears the responsibility for continued
implementation of the approved SWP3 for all construction activity within or related
to the individual lot, excluding construction managed by utility agencies.
(D) Stormwater Pollution Prevention Plans
Preparation and implementation of Stormwater Pollution Prevention Plans for
construction activity shall comply with the following:
(1) Preparation:
(a) The SWP3 shall be prepared under the direction of a qualified person.
(b) The SWP3 shall provide the name, address and phone number of the project
owner for purposes of correspondence and enforcement.
(c) The SWP3 shall identify existing natural resources such as streams, forest cover,
and other established vegetative cover.
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(d) The SWP3 shall specify and provide detail for all BMP's necessary to meet the
requirements of this program, including any applicable BMP's that have been
adopted and imposed by the City Planner and /or City Engineer.
(e) The SWP3 shall specify when each BMP will be installed, and for how long it will
be maintained within the construction sequence. Multiple plans may be required for
major phases of construction such as rough grading, building construction and final
grading.
(f) The SWP3 shall delineate all anticipated disturbed areas and specify the
vegetative cover that must be established in those areas to achieve final
stabilization.
(2) Implementation:
(a) BMP's shall be installed and maintained by qualified persons. The owner and /or
the developer or their representative shall be able to produce upon the City Planner
and /or City Engineer request a copy of the SWP3 on site and shall be prepared to
respond to unforeseen maintenance of specific BMP's.
(b) The owner and /or the developer or their representative shall inspect all BMP's at
least twice per month and within Twenty-four (24) hours after a rainfall of One half
inch (1/2 ") or more as measured at the site or generally reported in the area.
(c) Based on inspections performed by the owner and /or the developer or the City
Planner and /or City Engineer modifications to the SWP3 will be necessary if at any
time the specified BMP's do not meet the objectives of this program. In this case,
the owner /developer or authorized representative shall meet with the City Planner
and /or City Engineer to determine the appropriate modifications. All modifications
shall be completed within seven (7) days of the referenced inspection, except in
circumstances necessitating more timely attention, and shall be recorded on the
owner and /or the developers' copy of the SWP3.
(E) Requirements for Utility Construction:
(1) Utility agencies shall be responsible for compliance with the requirements of this
program.
(2) Utility agencies shall develop and implement Best Management Practices
(BMP's) to prevent the discharge of pollutants on any site of utility construction
within the designated area(s) in the City. In addition, the City Planner and /or City
Engineer may adopt and impose BMP's on utility construction activity.
(3) Utility agencies shall implement BMP's to prevent the release of sediment from
utility construction sites. Disturbed areas shall be minimized, disturbed soil shall be
managed and construction site entrances shall be managed to prevent sediment
tracking. Excessive sediment tracked onto public streets shall be removed
immediately.
(4) Prior to entering a construction site or subdivision development, utility agencies
shall have obtained from the owner and /or the developer a copy of any SWP3's for
the project. Any disturbance to BMP's resulting from utility construction shall be
repaired immediately by the utility company in compliance with the SWP3.
Temporary Structural Best Management Practices (BMPs):
The following are City of Jacksonville preferred BMPs for temporary control of
sedimentation during construction. More information can be found at the following
EPA website: http: / /www.eoa.gov /nodes /menuofbmos /con site.htm
Silt fence: Silt fences shall be constructed near the perimeter of a disturbed area
to intercept sediment while allowing water to percolate through. Silt fences may not
be used where there is a concentration of water in a channel or other drainage. The
following criteria are applicable:
Drainage area: Two (2) acres maximum per run (installation) of fabric
Height: Thirty Inches (30 ") minimum
Material: Burlap, polypropylene fabric or nylon reinforced polyester netting.
Support: Wooden stakes or steel fence posts at Eight Feet (8') maximum spacing.
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0000077
ORDINANCE NO, 1367 (#10 — 09)
Page Eleven
Straw bale dikes: Straw bale dikes shall not be used in lieu of silt fence to protect
extensive areas. Approved uses include ditch sediment sumps, support for silt fence
in areas where floodwater overtopping might be possible and for protection of
grated inlets prior to paving.
Area inlet protection: Fiber rolls or similar barriers shall be placed around area
inlets to prevent silt from entering the stormwater collection system. Such
protection shall be installed around inlets prior to, and also subsequent to, paving
around the inlets when construction activities may deposit mud and silt on the newly
place pavement.
Entrances: A stabilized construction entrance shall be built to reduce or eliminate
the tracking or flowing of sediment onto public rights of way. This entrance shall be
the full width of the road or access structure leading to the site and have to be at
least Fifty Feet (50') long with Six Inch (6 ") thick aggregate. The entrance shall be
maintained at all times.
Stone outlets: A stone outlet structure shall be constructed in areas where the
entire drainage area to the structure is not stabilized or where there is a need to
dispose runoff at a protected outlet or where concentrated flow for the duration of
the period of construction needs to be diffused.
Temporary sedimentation basin: Stormwater detention facilities may be used
temporarily as sediment basins.
A temporary outlet structure for the stormwater detention facility to work as a
sediment pond shall be constructed.
At the end of the construction activity, the Developer shall make sure that the outlet
structure shall meet the design requirements of a stormwater detention facility.
Condition of the detention facility that is used as a sediment pond during
construction shall meet the following requirements at the time of acceptance:
It shall be completely cleaned by the Developer and be rid of any immediate
maintenance.
Permanent Structural Best Management Practices (BMPs):
The following are City of Jacksonville preferred BMPs for permanent control of
sedimentation following development construction. More information can be found
at the following EPA website:
http: / /www.eaa.gov /nodes /menuofbmos /con site.htm
Depending on the project layout, a diversion shall be constructed across a slope less
than Fifteen Percent (15 %) to:
Prevent runoff from higher areas having a potential for causing erosion and thereby
interfere with the establishment of vegetation on lower areas.
Reduce the length of slopes to minimize soil Toss.
Diversions need be constructed only below stabilized or protected areas.
Outlets from diversions shall be constructed to discharge in such a manner as not to
cause erosion.
Outlets shall be constructed and stabilized prior to the operation of diversion.
Storm drain outlet protection shall be provided when converting pipe flow to channel
flow. The reduction in velocity shall be consistent with the roughness
coefficient of the receiving waterway. The reduction in velocity may be accomplished
by:
Providing mortared rip -rap stabilization;
Providing energy dissipaters;
Providing permanent vegetation, depending on the site - specific needs.
000078
ORDINANCE NO. 1367 ( #10 - 09)
Page Twelve
(F) Grading Plans:
(1) General requirements
Persons engaged in land alteration activities regulated by this program shall take
measures to protect neighboring public and private properties from damage by such
activities. The requirements of this program, however, are not intended to prevent
the reasonable use of properties.
(a) The responsible party shall be liable for all fines levied or remedial action
required under this program. Each violation shall be considered a separate
offense.
(b) Any person who engages in land alteration activities regulated herein
without a grading plan, shall be required to restore the land, to the maximum
extent practicable to its original condition.
(c) There shall be on the project site at all times an agent who is a
competent superintendent capable of reading and thoroughly understanding
plans, specifications, and requirements. The job superintendent shall have full
authority to issue orders or direction to employees working on site, without
delay and to promptly supply such materials, labor, equipment, tools, and
incidentals as may be required to complete the work in a proper manner. If
no superintendent is on site, the City Planner and /or City Engineer may issue
the notice of violation and stop work order to the person conducting the
violation.
(2) Grading Plan Required
(a) Any person proposing to engage in clearing, filling, cutting, quarrying,
construction or similar activities on any piece of disturbed land of One Thousand
Square Feet (1000 SF) or larger, including a single lot in a subdivision regardless or
size shall file a grading and drainage plan with the City Planner and /or City Engineer,
which shall include a certification by a qualified person that such complies with this
program, the rules and regulations of ADEQ and any regulations promulgated
hereto. No land shall be altered or cleared to the extent regulated in this program
unless a plan has been filed. The City Planner and /or City Engineer may require
revisions to said plan Grading plans are not applicable to dirt pits, gravel pits, or
quarries which are governed by State Laws; however, a SWP3 is still required.
Clearing and grading for streets and drainage improvements may be done on
residential subdivisions provided the preliminary plat and construction plans have
been approved by the Planning Board and the City Planner and /or City Engineer
complies with this program or any regulations promulgated hereto. In those cases
where filling or cutting in areas with no trees is to be done, the area is to be graded
suitable for mowing and shall be re- vegetated.
(b) A grading plan is required for land alteration activities specified in this program.
However, all construction work shall include appropriate drainage and erosion
control measures to protect neighboring properties. All land alteration in properties
within the designated floodplain requires a grading plan without exception.
(c) Stockpiling of construction spoil material at particular locations for a limited time
period is permitted, not to exceed Six (6) months. Grading and replanting of grassed
areas is required upon removal of stockpile.
(3) Exemptions
A grading plan shall not be required for: emergency work or repairs to protect
health, safety and welfare of the public.
(4) Contents of grading and drainage plans
The grading and drainage plan shall identify the following:
(a) Acreage should be included in the proposed project.
(b) Land areas to be disturbed.
(c) Stages of grading showing the limits of sections to be graded and indicating the
approximate order of development.
ORDINANCE NO, 1367 ( #10 — 09)
Page Thirteen
(d) The height and slope of cuts and fills. Cross sections shall be required every
One Hundred Feet (100') on property where the depth of excavation or fills exceeds
Five Feet (5 '), showing original and final grades and will include visual aids to show
how the final development, including planting and landscaping will look. A grading
plan showing existing and proposed contours with a maximum Two feet (2') contour
interval for slopes less than Ten Percent (10 %) and a maximum Five Feet (5')
contour interval for slopes greater than Ten Percent (10 %) can be shown as an
alternate to cross - sections every Fifty feet (50 ').
(e) Provisions for collecting and discharging surface water.
(f) Erosion and sediment measures, including structural and vegetative measures.
(g) Seal, Certificate of Authority and signature of a registered engineer qualified
under state regulations to certify that the grading and drainage plan complies with
this program the regulations of ADEQ and any regulations promulgated hereto.
(h) A vicinity drawing showing location of property lines, location and names of all
existing or platted streets or other public ways within or immediately adjacent to the
tract on topographic mapping or approved equal.
(i) Location of all known existing sewers, water mains, culverts and underground
utilities within the tract and immediately adjacent thereto; location of existing
permanent buildings on or immediate adjacent to the site if right of entry can be
obtained.
(j) Identification of rights -of -way or easements affecting the property.
(k) A plan of the site at a minimum scale of One inch (1 ") equals One Hundred feet
(100') or less, i.e. 1" = 50' or 1" = 30', etc.
(1) Such other information as may be required by the City Planner and /or City
Engineer shall include, but not be limited to, the following:
1. Address and telephone number of owner, permit applicant, and the
designated agent responsible for maintenance of erosion and sediment
control measures.
2. The approximate location and width of existing and proposed streets.
3. The locations and dimensions of all proposed or existing lots.
4. The locations and dimensions of all parcels of land proposed to be set
aside for parks, playgrounds, natural condition perimeters, public use, or for
the use of property owners in proposed development.
5. Existing and proposed topography at a maximum of Two -feet (2') contour
intervals.
6. An approximate timing schedule, indicating the anticipated starting and
completion dates of the development: a timing schedule for the sequence of
grading and application of erosion and sediment control measures.
7. Square Footage should be included for the proposed project.
8. If there are any visible surface indications that unusual materials or soils
that would cause street or lot instability, such as non - vertical tree growth, old
slides, seepage, or depressions in the soil exists, they should be noted and
accompanied by the engineer's recommendation for correcting such problem
areas.
9. If there are any surface indications that local material is not suitable for
fills, those areas to be filled with outside material and should be identified
and the type and source of the fill noted.
10. Specification of measures to control runoff, erosion and sedimentation
during the process of construction, noting those areas where control of runoff
will be required during construction and indicating what will be used, such as
straw bales, sediment basins, silt dams, silt fencing, check dams, lateral
hillside ditches, catch basins, etc.
11. Measures to protect neighboring built -up areas and city property during
process of construction, noting work to be performed, such as cleaning
existing ditches, storm culverts and catch basins or raising existing curbs in
neighboring areas.
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000080
ORDINANCE NO. 1367( #10 — 09)
Page Fourteen
12. Provisions to stabilize soils and slopes after completion of streets, sewers
and other improvements, noting on the grading plan when and where ground
cover will be planted, also noting any other means to be used such as
placement of stone embankments and riprap or construction of retaining
walls.
13. All fill areas shall be compacted to Ninety-five Percent (95 %) standard
proctor density unless otherwise approved in writing by the City Planner
and /or City Engineer.
1.4. The grading and drainage plan shall include areas of tree protection,
erosion and sediment control provisions meeting standards established in the
appendix attached hereto and/ or promulgated by the City Planner and /or
City Engineer.
(m) The City Planner and /or City Engineer may allow minor modifications of the
plan to alleviate particular problems during the process of construction. In reviewing
request for modifications, the City Planner and /or City Engineer may require from
the applicant's engineer appropriate reports and data sufficient to make a decision
on the request.
(n) Groups of trees and individual trees that are not to be removed and required
undisturbed buffer areas shall be protected during construction by protective fencing
and shall not be used for material storage or for any other purpose. The fencing
shall be placed and maintained by the owner until all exterior construction except
landscaping has been completed. Individual trees to be preserved outside the
protected area shall be fenced at the critical root zone and shall be flagged with
bright orange vinyl tape wrapped around the main trunk at a height of Four (4) feet
or more such that the tape is clearly visible to workers on foot or operating
equipment.
(o) Major changes to grading plans shall only be permitted by the City Planner
and /or City Engineer upon consultation with other interested departments and
agencies. Examples of major changes are those that substantially increase the
height of cuts, the area of clearing or grading, or impact on neighboring properties.
More than Twenty percent (20 %) increase in height, area or impact will normally be
considered a major change. Examples of increased impact include reductions in
buffer area, increased runoff onto adjacent properties and increased site area that is
visible from adjacent properties or public streets.
(5) Grading and drainage plan requirements. Preparation of grading and drainage
plans shall follow the appendix attached hereto and other regulations promulgated
by the City Planner and /or City Engineer.
(6) Grading plans shall also conform to the Phase II Stormwater Regulations as
established by United States Environmental Protection Agency's regulations, Region
VI published in the July 6, 1998 Federal Register or its latest revisions.
(7) A copy of all documents filed with the ADEQ shall also be filed with the City
Planner and /or City Engineer.
(8) No more than Five (5) tons of sediment aer acre shall be released over a
Twelve (12) month period using the Universal Soil Loss Equation for Construction
Sites.
SECTION FOUR: JMC § 15.20.040 is hereby created and shall read
as follows:
ENFORCEMENT.
(A) Enforcement Personnel Authorized
The following personnel employed by the City shall have the power to issue Notices
of Violations and implement other enforcement actions under this program
(1) The City Planner and /or City Engineer.
(2) The Jacksonville Police and Code Enforcement shall have the authority to issue
any misdemeanor citations.
000081
ORDINANCE NO. 1367 ( #10 — 09)
Page Fifteen
(B) Right of Entry and Sampling
(1) Whenever the City Planner and /or City Engineer has cause to believe that there
exists, or potentially exists, in or upon any premises any condition which constitutes
a violation of this program, he shall have the right to enter the premises at any
reasonable time to determine if the discharger is complying with all requirements of
this program. In the event that the owner or occupant refuses entry after a request
to enter has been made, the City Planner and /or City Engineer is hereby empowered
to seek assistance from a court of competent jurisdiction in obtaining such entry.
(2) The City Planner and /or City Engineer shall have the right to set up on the
property of any discharger to the storm drainage system such devices that are
necessary to conduct sampling of discharges.
(C) Enforcement Procedures
(1) Issuance of Notice of Violation:
If site deficiencies are noted, the owner and /or the developer or authorized agent
shall be given a notice of violation. The notice of violation shall be specific as to the
noted violation, corrective measures to be taken, and a time frame allowed to
complete the work.
(2) Compliance Review
At the end of the time period specified above, a follow -up site inspection shall take
place to determine whether compliance has been achieved. Depending on that
determination, the following actions may occur:
(a) Site Violations Corrected - If all previous site violations have been corrected, the
City Planner and /or City Engineer shall issue a Report stating such.
(b) Previous Violations Not Corrected - If previously noted violations have not been
satisfactorily corrected, then further actions may be initiated as outlined in the
following section.
(D) Enforcement Actions
(1) Performance Bonds. Where necessary for the reasonable implementation of this
program, the City Planner and /or City Engineer may, by written notice, order any
owner and /or developer of a construction site or subdivision development to file a
satisfactory bond, payable to the City of Jacksonville, in a sum not to exceed a value
determined by the City Planner and /or City Engineer to be necessary to achieve
consistent compliance with this program. This person may protest the amount of the
performance bond to the appropriate District Court. The written protest must be
received within the District Court Office within Fifteen (15) days of the date of the
notification. A hearing on the matter will be scheduled before the District Court, and
appeals from any ruling by the City Judge shall be directed to the Pulaski County
Circuit Court.
(E) Criminal Penalties
If any violation is also considered a violation of State Law then such may be
punishable as set out in ACA § 8 -4 -105.
(F) Any other action by the City Planner and /or City Engineer may be appealed to
the appropriate District Court as stated above.
(G) Other Legal Action
Notwithstanding other remedies or procedures available to City, if any person
discharges into the storm drainage system in a manner that is contrary to these
provisions, the City Attorney may commence an action for appropriate legal and
equitable relief, including damages costs and attorney's fees, in any court of
competent jurisdiction. The City may seek a preliminary or permanent injunction or
both to restrain and /or compel the activities on the part of the violator.
(H) Applicability
This program is effective for the MS4 areas or designated areas of the Stormwater
Pollution Prevention Plan.
000082
ORDINANCE NO, 1367 ( #10 — 09)
Page Sixteen
SECTION FIVE: ]MC § 15.20.050 is hereby created and shall read
as follows:
FEES
(A) Stormwater Permit shall be issued without cost.
(B) Violations — For violations assessed, the amount of fines assessed against any
violator can range from Fifty Dollars ($50.00) to One Thousand Dollars
($1000.00) per violation. Said amount(s) shall be compounded daily until
deficiencies are corrected.
Furthermore, any costs incurred by the City of Jacksonville utilizing the services of
the City Engineer /Planner will constitute a fee of no less than One Hundred
Dollars ($100.00) per hourto be paid by the filer of any plan.
SECTION SIX: All Ordinances or parts of Ordinances and Resolutions in
conflict herewith are hereby repealed to the extent of said conflict.
SECTION SEVEN; It is hereby ascertained and declared that this Ordinance
is necessary for immediate implementation of greater efficiency in governmental and
emergency services operations. Therefore, an emergency is hereby declared, and
this Ordinance shall take effect immediately upon passage and publication, as
provided by and subject to applicable law.
APPROVED AND ADOPTED THIS 2 DAY OF APRIL, 2009.
CITY OF JACKSONVILLE, ARKANSAS
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