Chapter 14.36
EROSION AND SEDIMENT CONTROL
Sections:
ARTICLE I. PURPOSE AND DEFINITIONS
ARTICLE II. REQUIREMENTS AND REGULATIONS
14.36.030 Erosion and sediment control plan.
14.36.040 Design standards for erosion control plans.
14.36.050 Construction site control measures.
14.36.060 Compliance with additional permits.
ARTICLE III. REVIEW AND APPROVAL
14.36.070 Review and approval.
ARTICLE IV. INSPECTION AND ENFORCEMENT
ARTICLE I. PURPOSE AND DEFINITIONS
14.36.010 Purpose.
The purpose of this chapter is to regulate construction-related activities on public and private property in order to control erosion and sedimentation, protect water quality, safeguard health, safety, and the public welfare, and to establish administrative procedures to carry out these regulations. (Ord. 772 § 2(part), 2005: Ord. 767 § 1(part), 2004).
14.36.020 Definitions.
For purposes of this chapter, the following terms shall be defined as follows:
“Best management practices (BMPs)” means construction site controls used to protect water quality.
“Clearing” means any activity that removes the vegetative surface cover of a site.
“Erosion control” or “erosion and sediment control” means a measure that prevents erosion.
“Erosion control inspector” means either the building official for inspection of erosion control measures on private property (or his/her designated representative) or the public works superintendent for inspection of erosion control measures on public property (or his/her designated representative).
“Erosion and sediment control plan” or “erosion control plan” means a set of plans prepared by, or under the direction of, a licensed professional engineer indicating the specific measures and sequencing to be used to control erosion and sedimentation on a development site during and after construction.
“Freeboard” means the height above the recorded high water mark of a structure.
“Grading” means excavation or fill of material, including the resulting conditions thereof.
“Grading permit” means a permit issued by the city for grading activities to a specific site.
“Phasing” means clearing a parcel of land in distinct phases, with the stabilization of each phase completed before the clearing of the next.
“Sediment control measures” or “erosion control measures” means measures that prevent eroded sediment from leaving a construction site.
“Site” means a parcel of land or a contiguous combination thereof.
“Start of construction” means the first land-disturbing activity associated with a development, including land preparation such as clearing, grading, and filling; installation of streets and walkways; excavation for basements, footings, piers, or foundations; erection of temporary forms; and installation of accessory buildings such as garages. (Ord. 796 § 1, 2007: Ord. 772 § 2(part), 2005: Ord. 767 § 1(part), 2004).
ARTICLE II. REQUIREMENTS AND REGULATIONS
14.36.030 Erosion and sediment control plan.
A. An erosion and sediment control plan (“plan”), prepared by a civil engineer or other professional who is qualified to prepare such a plan, shall be submitted as part of a grading permit application, and shall delineate measures to appropriately and effectively minimize soil erosion and sedimentation, comply with the design standards and construction site control measures contained in this chapter, and shall include the following:
1. A description and delineation of the vegetative measures to be taken to minimize erosion and sedimentation;
2. A description and delineation of the temporary and permanent measures to be taken to protect manufactured or disturbed slopes from erosion by mechanical means, such as with mulches, diversion dikes, etc.;
3. The delineation of the drainage control measures to be taken;
4. The extent and manner of the cutting of trees and the clearing of vegetation, the disposal of same, and the measures to be taken for the protection of undisturbed trees and vegetation;
5. The methods to be used for the disposal of excess materials;
6. The methods to be used for the control of dust;
7. A description and delineation of the temporary and permanent measures to be taken to retain sediment on the site;
8. A description of the measures to be taken and the associated BMP inspection schedule to maintain the devices shown on the plan during grading operations and construction on the site;
9. The extent of disturbed ground that will exist, what streets will be paved, and what drainage devices will be installed prior to the start of each rainy season;
10. A natural resources map identifying soils, vegetative cover, and resources protected under other chapters of this code. The map shall be at a scale no smaller than one inch equal to one hundred feet;
11. Seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding dates, type and rate of lime and fertilizer application, and kind and quantity of mulching for both temporary and permanent vegetative control measures; and
12. Any other information required by the city engineer.
B. Exemptions. A plan shall not be required for construction activities which do not require a grading permit.
C. For all other construction activities for which a grading permit is not required, property owners are required to comply with the standards for preventing and controlling erosion, sedimentation, and other impacts associated with construction site management practices. The city will make information about these requirements available through a variety of techniques, including public outreach programs, handout materials, and other educational efforts to assist property owners in meeting this obligation.
D. The Erosion and Sediment Control Handbook shall be used as a guide as to what measures should be taken for any particular set of circumstances.
E. An interim plan is required prior to each rainy season during construction for a project for which a final plan is required by this chapter. The plan must be submitted in a timely manner to allow the city to review and approve the plan prior to September 15. The measures delineated and described in the plan must be in place and operational prior to October 15.
F. Phasing may be required on all sites disturbing greater than thirty acres, with the size of each phase to be established at plan review and as approved by the city engineer. (Ord. 772 § 2(part), 2005: Ord. 767 § 1(part), 2004).
14.36.040 Design standards for erosion control plans.
A. Grading, erosion control practices, sediment control practices, and waterway crossings shall meet the design criteria set forth in the most recent version of the California Stormwater Quality Association Best Management Practice Handbook, and shall be adequate to prevent transportation of sediment from the site to any off-site area to the satisfaction of the city engineer.
B. Clearing and grading of natural resources shall not be permitted, except when in compliance with all other chapters of this code. Clearing techniques that retain natural vegetation and drainage patterns, as described in the California Stormwater Quality Association Best Management Practice Handbook, shall be used to the satisfaction of the city engineer.
C. Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized.
D. Phasing may be required on all sites disturbing greater than thirty acres, with the size of each phase to be established at plan review and as approved by the city engineer.
E. The following general site and good housekeeping requirements shall be implemented and are special provisions of any grading permit issued:
1. Sufficient erosion and sediment control supplies shall be available on site during the rainy season (October through April) to protect areas susceptible to erosion during rain events. Contractors shall be prepared year-round to deploy erosion and sediment treatment control practices.
2. Soil disturbance work shall be conducted during dry weather whenever possible.
3. The contractor shall provide adequate materials management, including covering, securing, and segregating potentially toxic materials (asphalt, herbicides, pesticides, fertilizer, grease, oils, fuel, paints, stains, solvents, wood preservatives, etc.), and providing secondary containment for hazardous materials.
4. The contractor shall provide training and equipment to contain spills of oil and other hazardous materials.
5. Designated concrete washout areas shall be established at least fifty feet away from storm drain inlets or drainage facilities and away from the concrete truck access area so that construction traffic will not drive through wash waters. The washout area shall have a bermed area of sufficient volume to completely contain all liquid and waste concrete material plus a sufficient freeboard for rainwater.
6. Paving operations shall be conducted in a manner that properly disposes of wastes and in which measures to control run-on and prevent runoff from areas being paved are implemented.
7. Sanitary facilities of sufficient number and size to accommodate construction crews shall be located away from storm drain inlets and drainage facilities, and anchored to prevent being blown over or tipped by vandals. The facilities shall be maintained in good working order and emptied at regular intervals by a licensed sanitary waste hauler.
F. The following erosion control requirements shall be incorporated in the grading and erosion control plans:
1. Soil stabilization shall be completed within five days of clearing or inactivity in construction.
2. Projects shall be designed to avoid disturbing land in sensitive areas and to preserve existing vegetation wherever possible.
3. Major grading operations shall be scheduled during dry months when practical, and shall allow adequate time before rainfall begins to stabilize the soil with erosion control materials.
4. Seeding and mulching shall be done as soon as grading is complete.
5. If seeding or another vegetative erosion control method is used, the vegetative cover shall become established within a time frame approved by the city engineer, or the city engineer may require the site to be reseeded or a nonvegetative option employed.
6. Special techniques that meet the design criteria outlined in the California Stormwater Quality Association Best Management Practice Handbook on steep slopes or in drainageways shall be used to ensure stabilization.
7. Soil stockpiles must be stabilized and/or securely covered at the end of each workday.
8. In areas where permanent reseeding and planting is not established at the close of the construction season, additional control measures shall be used, such as a heavy mulch layer or another method that does not require germination, to ensure soil stabilization at the site.
9. Where runoff needs to be diverted from one area and conveyed to another, earth dikes, drainage swales, slope drains or other suitable practice shall be constructed in accordance with the design criteria set forth in the most recent version of the California Stormwater Quality Association Best Management Practice Handbook.
10. Techniques shall be employed to prevent the blowing of dust or sediment from the site.
11. Techniques that deliver upland runoff past disturbed slopes shall be employed when determined necessary by the city engineer.
G. The following sediment control requirements shall be incorporated in the erosion control plan:
1. Linear sediment barriers shall be placed below the toe of exposed and erodible slopes, downslope of exposed soil areas, around soil stockpiles, and at other appropriate locations along the site perimeter.
2. Street sweeping shall be conducted on an as-needed basis to remove sediment from streets and roadways and to prevent the sediment from entering storm drains or receiving waters.
3. Every storm drain inlet with the potential to receive sediment-laden runoff shall be protected in accordance with the design criteria set forth in the most recent version of the California Stormwater Quality Association Best Management Practice Handbook. Inlet protection shall be inspected and maintained frequently.
4. Sediment basins or sediment traps shall be installed on projects where sediment-laden water may enter the drainage system or watercourses and in association with dikes, temporary channels, and pipes used to convey runoff from disturbed areas.
5. Protection for adjacent properties by the use of a vegetated buffer strip in combination with other perimeter controls or other appropriate method, as described in the most recent version of the California Stormwater Quality Association Best Management Practice Handbook.
H. The following waterway and watercourse protection requirements shall be implemented:
1. A temporary stream crossing installed and approved by the appropriate regulatory agencies if a wet watercourse will be crossed regularly during construction;
2. Stabilization of the watercourse channel before, during, and after any in-channel work;
3. All on-site storm water conveyance channels shall be designed according to the criteria outlined in the California Stormwater Quality Association Best Management Practice Handbook;
4. Stabilization adequate to prevent erosion located at the outlets of all pipes and paved channels.
I. The following construction site access requirements shall be implemented:
1. A temporary access road provided at all sites;
2. Other measures, such as track-out prevention devices, or as required by the erosion control inspector in order to ensure that sediment is not tracked onto public streets by construction vehicles or washed into storm drains. (Ord. 796 § 2, 2007; Ord. 772 § 2(part), 2005: Ord. 767 § 1(part), 2004).
14.36.050 Construction site control measures.
A. In addition to compliance with the specific requirements contained in Sections 14.36.030 and 14.36.040 of this chapter, all holders of a grading permit shall establish and implement construction site management practices that will prevent toxic materials and other debris from entering the city’s storm drainage and waterway systems. The following construction site practices are prohibited and constitute a violation of this chapter:
1. Improper storage of chemicals (pesticides, fertilizers, fuels, paints, thinners);
2. Improper disposal of construction waste material, garbage, rubbish, and sanitary waste, plaster, drywall, grout, and gypsum;
3. Failure to immediately clean up spills of toxic materials;
4. Washing concrete truck washout or surplus concrete material into a street, catch basin, or other public facility or a related natural resource;
5. Leaving stockpiles uncovered; and/or
6. Allowing construction vehicles to track or spill soil or debris into or onto a street or public right-of-way, and/or to wash such materials into a storm drain. (Ord. 772 § 2(part), 2005: Ord. 767 § 1(part), 2004).
14.36.060 Compliance with additional permits.
A. All discharges of storm water to surface waters associated with construction activity shall comply with and undertake all activities required by any applicable permit as may be adopted by the United States Environmental Protection Agency, the State Water Resources Control Board, or the California Regional Water Quality Control Board, North Coast Region. The construction contractor shall complete any necessary notices of intent, comply with, and undertake all other activities required by any general storm water permit applicable to such discharges, and shall provide a copy of the notice of intent pursuant to any general storm water permit to the city engineer.
B. The city may, at its discretion, request that the storm water pollution prevention plan for a project be submitted for review and comment by the city engineer. (Ord. 772 § 2(part), 2005: Ord. 767 § 1(part), 2004).
ARTICLE III. REVIEW AND APPROVAL
14.36.070 Review and approval.
The plan filed by an applicant for a grading permit shall be checked by the city engineer, as described in Section 14.36.110 of this code, for conformance with the provisions of this chapter. (Ord. 772 § 2(part), 2005: Ord. 767 § 1(part), 2004).
ARTICLE IV. INSPECTION AND ENFORCEMENT
14.36.080 Inspection.
A. The erosion control inspector, or designated agent, shall make inspections as hereinafter required, and either shall approve that portion of the work completed or shall notify the holder of the grading permit how the work fails to comply with the plan as approved. Plans for grading, stripping, excavating, and filling work bearing the approval of the city engineer shall be maintained at the site during the progress of the work. The holder of the grading permit shall notify the erosion control inspector at least forty-eight hours prior to the start of construction.
B. The erosion control inspector, or designated agent, is authorized to enter the property of the applicant as deemed necessary to make regular inspections to ensure the effectiveness of the plan and the need for additional control measures.
C. The holder of the grading permit or his/her agent shall make regular inspections of all erosion control measures in accordance with the inspection schedule outlined on the approved plan(s). (Ord. 796 § 3, 2007: Ord. 772 § 2(part), 2005: Ord. 767 § 1(part), 2004).
14.36.090 Enforcement.
A. Stop Work Order – Revocation of Permit. In the event that any person holding a plan pursuant to this chapter violates the terms of the plan or implements site development in such a manner as to materially adversely affect the health, welfare, or safety of persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the building official may order the construction stopped by notice in writing, or may suspend or revoke the grading permit.
B. Violation and Penalties. No person shall construct, enlarge, alter, repair, or maintain any grading, excavation, or fill or cause the same to be done, contrary to, or in violation of, any terms of this chapter. Any person violating any of the provisions of this chapter is guilty of a misdemeanor and each day during which any violation of any of the provisions of this chapter is committed, continued, or permitted, shall constitute a separate offense. In addition, any person, partnership, or corporation convicted of violating any of the provisions of this chapter shall be required to bear the expense of such restoration.
C. Appeals. Any person to whom a stop work order or revocation, grading permit or penalty is issued pursuant to these rules may appeal that determination to the city manager. A stop work order shall be effective upon issuance, and shall continue in effect during the pendency of any appeal. The notice of appeal must be in writing, and filed with the city manager within fifteen days from the date of the notice being appealed. The appeal shall state the name and address of the appellant, the nature of the determination being appealed, the reason the appellant believes the determination is incorrect, and what the correct determination of the appeal should be. Failure to file such a statement within the time or in the manner required waives the appellant’s objections, and the appeal shall be dismissed. Unless the appellant and city agree to a longer time period, the appeal shall be heard by the city manager within thirty days of receipt of the notice of appeal. At least ten days prior to the hearing, the city shall mail the notice of the time and place of the hearing to the appellant. The city manager shall hear and determine the appeal on the basis of the appellant’s written statement and any additional evidence deemed appropriate. The appellant may present testimony and oral argument at the hearing either personally or by counsel. The hearing official shall issue a written decision within ten days of the date of the hearing. The decision of the city manager is final. (Ord. 772 § 2(part), 2005: Ord. 767 § 1(part), 2004).