§ 34-471. General requirements.  


Latest version.
  • Any person applying for a building permit or land clearing permit from the PZC for a project involving the disturbance of one acre or more, or that is part of a development involving the disturbance of one acre of more, shall certify that (a) a site specific SWPPP has been developed for the site and any land clearing, grading, excavation, or other land disturbance activities at the site shall be in accordance with such SWPPP, and (b) all state LPDES permit requirements related to stormwater discharges associated with construction activities will be met. Refer to current specific LPDES permit for site applicability and other requirements.

    (1)

    All operators of construction sites one acre or above or part of a development that is over one acre shall use best management practices to control and reduce the discharge, to the MS4 and to waters of the state, of sediment, silt, earth, soil, and other material associated with the clearing, grading, excavation, land disturbance, and other construction activities to the maximum extent practicable. Such best management practices may include, but are not limited to, the following measures:

    a.

    Ensuring that existing vegetation is preserved where feasible and that disturbed portions of the site are stabilized as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased. Stabilization measures may include: temporary seeding, permanent seeding, mulching, geotextiles, sod stabilization, vegetative buffer strips, protection of trees, preservation of mature vegetation, and other appropriate measures;

    b.

    Use of structural practices to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of sediments and pollutants from the site to the extent feasible;

    c.

    Minimization of the tracking of sediments off-site by vehicles, the generation of dust, and the escape of sediments and other windblown waste from the site;

    d.

    Prevention of the discharge of building materials, including cement, lime, concrete, and mortar, to the MS4 or waters of the state;

    e.

    Providing general good housekeeping measures to (i) prevent litter, construction debris, and construction chemicals exposed to stormwater from becoming pollutant sources for stormwater discharges, (ii) prevent and contain spills of paints, solvents, fuels, septic waste, and other hazardous chemicals and pollutants associated with construction, and (iii) assure proper cleanup and disposal of any such spills in compliance with state, federal, and local requirements;

    f.

    Implementation of proper waste disposal and waste management techniques, including providing waste containers and covers for waste materials, minimizing ground contact with hazardous chemicals and trash, and providing appropriate sanitary facilities for site workers and visitors;

    g.

    Timely maintenance of vegetation, erosion, and sediment control measures and other best management practices in good and effective operating condition; and

    h.

    Installation of structural measures during the construction process to control pollutants in stormwater discharges that will occur after construction operations have been completed. Structural measures should be placed on upland soils to the degree attainable. Such installed structural measures may include, but are not limited to, stormwater detention structures (including wet ponds); flow attenuation by use of open vegetative swales and natural depressions; other velocity dissipation devices; infiltration of runoff on site; and sequential systems that combine several such practices. Operators of construction sites are only responsible for the installation and maintenance of stormwater management measures prior to final stabilization of the site, and are not responsible for maintenance after stormwater discharges associated with construction activity have terminated.

    (2)

    Clearing, grading, excavation, and other land disturbance activities, except that is necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and stabilized. Final stabilization measures shall be initiated as soon as practical upon the completion of construction activities.

    (3)

    A copy of the SWPPP shall be provided to the PZC upon request. The SWPPP shall include:

    a.

    A description of the nature of the construction activity;

    b.

    A description of the intended sequence of major activities which disturb soils for major portions of the site (e.g., grubbing, clearing, grading, excavation, utilities, and infrastructure installation, etc);

    c.

    Estimates of the total area of the site and the total area of the site that is expected to be disturbed by clearing, grading, excavation, and/or other activities;

    d.

    A description of appropriate control measures (i.e., BMPs) that will be implemented as part of the construction activity to control pollutants in stormwater discharges, as more fully described in subsection (1) above;

    e.

    A description of interim and permanent stabilization practices for the site; and

    f.

    A description of design requirements. (Clearing, grading, erosion control practices, sediment control practices, and waterway crossings shall be adequate to prevent transportation of sediment from the site, to the satisfaction of the public works director or his designee.)

    (4)

    The construction phase erosion and sediment controls should be designed to retain sediment on-site to the maximum extent practicable. All control measures must be properly selected, installed, and maintained in accordance with the manufacturer's specifications and good engineering practices. Soil stockpiles must be stabilized or covered during times of inactivity or upon completion of construction activities.

    (5)

    Personnel (provided by the operator of the construction site) shall inspect disturbed areas of any construction site that have not been finally stabilized, areas used for storage of materials that are exposed to precipitation, structural control measures, and locations where vehicles enter or exit the site in accordance with the applicable LPDES permit. All erosion and sediment control measures and other identified best management practices shall be observed in order to ensure that they are operating correctly and are effective in preventing significant impacts to receiving waters and the MS4. Based on the results of the inspections, best management practices shall be revised as appropriate, and as soon as is practicable.

    (6)

    The city-parish may require any plans and specifications that are prepared for the construction of site improvements to fully illustrate and describe the best management practices required by subsection (1)(a) above that will be implemented at the construction site. The city-parish may deny approval of any building permit, land clearing permit, or other city-parish approval necessary to commence or continue construction, or to assume occupancy, on the grounds that the best management practices described in the plans or observed upon site inspection by the city-parish are determined not to control and reduce the discharge of sediment, silt, earth, soil, and other materials associated with clearing, grading, excavation, and other construction activities to the maximum extent practicable. The city-parish also may revoke any previously issued building permit, land clearing permit, or other city-parish approval necessary to commence or continue construction, or to assume occupancy, on the grounds that any certification made pursuant to the initial paragraph of this section is false.

    (7)

    Any owner of a site of construction activity, whether or not he/she is an operator, is jointly and severally responsible for compliance with the requirements in this division.

    (8)

    Any contractor or subcontractor on a site of construction activity, who is not an owner or operator, but who is responsible under his/her contract or subcontract for implementing any best management practices control measure, is jointly and severally responsible for any willful or negligent failure on his/her part to adequately implement that control measure if such failure causes or contributes to causing the city-parish to violate a water quality standard or the city-parish's LPDES permit for discharges from the MS4.

    (9)

    Based on the results of the inspections required by subsection (5), the site plans and specifications, BMPs, and the SWPPP shall be revised as appropriate, but in no case later than one calendar day following the inspection. Such modifications shall provide for timely implementation of any changes to the SWPPP within one calendar day following the inspection. The SWPPP shall be retained on the premises of the construction site and made available to the city-parish upon request. Upon inspection by the city-parish, the city-parish either shall approve that portion of the work completed or shall notify the operator to the extent that the work fails to comply with the SWPPP.

    (10)

    Upon final stabilization of the construction site, the owner, or the owner's duly authorized representative, shall submit written certification to the city-parish that the site has been finally stabilized. The city-parish may withhold an occupancy or use permit for any premises constructed on the site until certification of final stabilization has been filed and the city-parish has determined, following any appropriate inspection, that final stabilization has, in fact, occurred and that any required permanent structural controls have been completed.

(Ord. No. O-237-2007, § 2, 10-16-07)