2003/02/26 Council Agenda Packet

4 - (A)An ordinance or other regulatory mechanism to require erosion and sediment controls, as well as - sanctions to ensure compliance, to the extent allowable under State,Tribal, or local law; (B)Requirements for construction site operators to implement appropriate erosion and sediment control (ESC) best management practices; (C)Requirements for construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality; (D)Procedures for site plan review which incorporate consideration of potential water quality impacts; (E)Procedures for receipt and consideration of information submitted by the public, and (F) Procedures for site inspection and enforcement of control measures. Regulatory Guidance—40 CFR 122.34(b)(4)(iii) Examples of sanctions to ensure compliance include non-monetary penalties, fines, bonding requirements, and/or permit denials for non-compliance. EPA recommends that procedures for site plan review include the review of individual pre-construction site plans to ensure consistency with local (ESC) requirements. Procedures for site inspections and enforcement of control measures could include steps to identify priority sites for inspection and enforcement based on the nature of the construction activity, topography, and the characteristics of soils and receiving water quality. You are encouraged to provide appropriate educational and training measures for construction site operators. You may wish to require a storm water pollution prevention plan for construction sites within your jurisdiction that discharge into your system. See Sec. 122.44(s) (NPDES permitting authorities' option to incorporate qualifying State, Tribal and local erosion and sediment control programs into NPDES permits for storm water discharges from construction sites). Also see Sec. 122.35(b)(The NPDES permitting authority may recognize that another government entity, including the permitting authority, may be responsible for implementing one or more of the minimum measures on your behalf). 5. Post-Construction Storm Water Management in New Development & Redevelopment Minimum Requirements—40 CFR 122.34(b)(5)(i) You must develop, implement, and enforce a program to address storm water runoff from new development and redevelopment projects that disturb greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale, that discharge into your small MS4. Your program must ensure that controls are in place that would prevent or minimize water quality impacts. (ii) You must: (A)Develop and implement strategies which include a combination of structural and/or non-structural best _ management practices (BMPs) appropriate for your community; (B)Use an ordinance or other regulatory mechanism to address post-construction runoff from new development and redevelopment projects to the extent allowable under State,Tribal or local law; (C)Ensure adequate long-term operation and maintenance of BMPs. Regulatory Guidance—40 CFR 122.34(b)(5)(iii) If water quality impacts are considered from the beginning stages of a project, new development and potentially redevelopment provide more opportunities for water quality protection. EPA recommends that the BMPs chosen: be appropriate for the local community; minimize water quality impacts; and attempt to maintain pre- development runoff conditions. In choosing appropriate BMPs, EPA encourages you to participate in locally- based watershed planning efforts which attempt to involve a diverse group of stakeholders including interested citizens.