Chapter 17.36
GRADING AND EROSION CONTROL
Sections:
17.36.020 Grading restrictions.
17.36.030 Exception to grading restrictions.
17.36.040 Requirements for construction sites that cause land disturbance of less than one acre.
17.36.050 Requirements for construction sites that cause land disturbance of one acre or more.
17.36.070 Responsibility for compliance.
17.36.010 Definitions.
“Best management practices” or “BMPs” means schedules of activities, pollution treatment practices or devices, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants directly or indirectly to storm water, receiving waters, or the storm water system.
“City engineer” means the Healdsburg City engineer or his or her designee.
“Construction site” means any project, including projects requiring coverage under the state general construction storm water permit, that involves land disturbance.
“Land disturbance” means any activity that moves soils or substantially alters the preexisting vegetated or manmade cover of any land. This includes, but is not limited to, grading, digging, cutting, scraping, stockpiling or excavating of soil; placement of fill materials; paving, pavement removal, exterior construction; substantial removal of vegetation where soils are disturbed including, but not limited to, removal by clearing or grubbing; or any activity which bares soil or rock or involves streambed alterations or the diversion or piping of any watercourse.
“QSD” means a qualified storm water pollution prevention plan developer.
“State general construction storm water permit” means NPDES Permit No. CAS000002, Waste Discharge Requirements for Discharges of Storm Water Associated with Construction Activities, and any amendments thereto. (Ord. 1152 § 1, 2016.)
17.36.020 Grading restrictions.
A. No grading shall occur between October 1st and April 30th for construction projects on hillsides with slopes 10 percent or steeper unless the project is granted an exception by the City engineer in accordance with HMC 17.36.030.
B. If grading on hillsides with slopes 10 percent or steeper is not completed before October 1st and no exception is granted, grading shall be halted until May 1st and effective erosion control measures shall be put in place to control erosion. (Ord. 1152 § 1, 2016.)
17.36.030 Exception to grading restrictions.
A. The City engineer may grant an exception to the grading restrictions set forth in HMC 17.36.020 if the applicant can demonstrate, to the satisfaction of the City engineer, through plan review, inspections, monitoring and the use of effective best management practices (BMPs) that the following goals will be met:
1. The storm water discharge from the construction site will not cause or contribute to the degradation of water quality or impair beneficial uses;
2. The storm event daily average turbidity of the storm water discharge from the site will not exceed 50 NTU; and
3. The field pH of the storm water discharge from the site is between 6.5 and 8.5.
B. If an exception to the grading restrictions is granted by the City engineer, the applicant must conduct a monitoring program to demonstrate BMP effectiveness and compliance with the above goals.
C. If the results of the monitoring program indicate that one or more of the above goals are not being satisfied, grading activities shall cease and the applicant shall improve BMPs. Grading may not resume until the applicant demonstrates to the satisfaction of the City engineer that the improved BMPs are effective at meeting the above goals. (Ord. 1152 § 1, 2016.)
17.36.040 Requirements for construction sites that cause land disturbance of less than one acre.
A. All projects that cause land disturbance of less than one acre shall prepare an erosion and sediment control plan to be submitted to the City engineer for written approval. The plan shall be developed and certified by a QSD. The plan shall contain the information set forth in HMC 17.36.050(B) and shall implement an effective combination of the following erosion and sediment control BMPs, or equivalent, to prevent erosion and sediment loss and the discharge of construction wastes from the construction site:
1. Erosion and sediment controls such as scheduling, preservation of existing vegetation, silt fencing, fiber rolls, sand bag barriers, gravel bag berms and stabilized construction site entrance/exit.
2. Non-storm water management controls such as water conservation practices and dewatering operations for prevention of discharges to local storm drains and surface waters.
3. Waste management controls such as material delivery and storage, stockpile management, spill prevention and control, solid waste management, concrete waste management and sanitary/septic waste management.
B. Erosion and sediment control BMPs shall be selected and installed in accordance with BMP handbooks such as those published by the California Stormwater Quality Association, the California Regional Water Quality Control Boards, the State Water Resources Control Board, the California Department of Transportation or equivalent. (Ord. 1152 § 1, 2016.)
17.36.050 Requirements for construction sites that cause land disturbance of one acre or more.
A. All projects that cause land disturbance of one acre or more shall comply with the following requirements:
1. An erosion and sediment control plan shall be prepared and submitted to the City engineer for written approval. The plan shall be developed and certified by a QSD.
2. A storm water pollution prevention plan (SWPPP) must be developed in accordance with the state general construction storm water permit. The SWPPP may be substituted for the erosion and sediment control plan, if approved by the City engineer.
3. Coverage under all applicable permits shall be obtained, including but not limited to the state general construction storm water permit and 401 water quality certifications.
4. An effective combination of BMPs addressing erosion and sediment control, non-storm water management, and waste management shall be selected and installed to prevent erosion, sediment loss, and the discharge of construction waste in accordance with BMP handbooks, such as those published by the California Stormwater Quality Association, Regional Water Quality Control Boards, or equivalent. BMPs to be implemented may include, but are not limited to, the following:
a. Erosion controls such as scheduling, preservation of existing vegetation, hydraulic mulch, hydroseeding, soil binders, straw mulch, geotextiles and mats, and mulching.
b. Sediment controls such as fiber rolls, gravel bag berm, street sweeping and/or vacuum, storm drain inlet protection, sediment basin, check dam, silt fence, and sand bag barrier.
c. Sediment tracking controls such as stabilized construction entrance/exit and entrance/exit tire wash.
d. Non-storm water management controls such as water conservation practices, dewatering operations, vehicle and equipment washing, vehicle and equipment fueling, and vehicle and equipment maintenance.
e. Waste management controls such as material delivery and storage, stockpile management, solid waste management, spill prevention and control, concrete waste management and sanitary/septic waste management.
B. An erosion and sediment control plan shall contain the following information:
1. Appropriate construction site BMPs;
2. The specific locations where BMPs will be installed;
3. A maintenance schedule; and
4. The rationale for selecting the BMPs, including soil loss calculations if necessary. (Ord. 1152 § 1, 2016.)
17.36.060 Enforcement.
A. All violations of this chapter shall be subject to enforcement actions pursuant to the code enforcement ordinance (Chapter 1.12 HMC), as it may be amended hereafter.
B. Whenever any work is being done contrary to the provisions of this chapter, or other laws implemented through enforcement of this chapter, the City engineer may order the work stopped by notice in writing served on any person engaged in the doing or causing such work to be done, and any such person shall immediately stop such work until authorized by the City engineer to proceed with the work.
C. Violations of this chapter may be grounds for permit suspension or revocation in accordance with applicable sections of this code.
D. The remedies set forth in this section are cumulative and in addition to any other administrative, civil or criminal remedies available to the City. (Ord. 1152 § 1, 2016.)
17.36.070 Responsibility for compliance.
Both the persons or entities performing a land disturbance activity (including but not limited to construction activities) in the city and the owners of land on which a land disturbance activity is performed are responsible for compliance with this chapter. (Ord. 1152 § 1, 2016.)