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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; 000068 ORDINANCE NO. 1367 ( #10 — 09) Page Two (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. 000069 ORDINANCE NO. 1367( #10 — 09) Page Three (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 000070 ORDINANCE NO. 1367 ( #10 — 09) Page Four (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. 000071 ORDINANCE NO. 1367 (#10 — 09) Page Five (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. • 000072 ORDINANCE NO. 1367 ( #10 — 09) Page Six (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: • 000073 ORDINANCE NO. 1367 ( #10 — 09) Page Seven (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. 000074 ORDINANCE NO. 1367 ( #10 - 09) Page Eight (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 000075 • 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. 000076 ORDINANCE NO. 1367 ( #10 — 09) Page Ten (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. • 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. • 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 7 f 6Li TOMMYSWA M ATTEST: SUSAN DA ITT CITY CLER • APP' OV= t ' TO Fri • �. U `••' ak ROGER E. BAMBUIa '