Jefferson County, MO
 
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Table of Contents
Table of Contents
[Ord. No. 17-0244, 4-24-2017[1]]
A. 
Purpose. The purpose of this document is to set forth minimum requirements and provide guidance and additional resources to facilitate control of soil erosion on land that is undergoing development and to preserve the natural terrain and waterways within unincorporated Jefferson County. The guidelines will assist designers in the development of stormwater pollution prevention plans, but are not intended to act as a sole source regarding acceptable methods. Engineering professionals are encouraged to design innovative ways to address site specific conditions.
The provisions in this manual are intended to provide a natural community environment, to prevent soil erosion and to reduce costly repairs to gullies, washed out fills, stormwater conveyance systems, roads and embankments. Application of the requirements of this manual is intended to mitigate the negative impacts development can have on stormwater quality.
1. 
The primary requirement of the Erosion and Sediment Control/Stormwater Management Design Manual is the development of a plan outlining grading activities and the development and implementation of a Storm Water Pollution Prevention Plan (SWPPP) that:
a. 
Incorporates the required practices identified;
b. 
Incorporates erosion and sediment control practices specific to site conditions;
c. 
Provides for maintenance and adherence to the plan.
2. 
Prior to removing any site vegetation or disturbing earth, the permittee shall develop a SWPPP that is specific to the land disturbance activities proposed at the site. This plan must be approved by DNR or the Department Public Works before a land disturbance permit can be issued.
3. 
The purpose of the SWPPP is to ensure the design, implementation, management and maintenance of "Best Management Practices" (BMPs) in order to prevent erosion and reduce the amount of sediment and other pollutants in stormwater discharges associated with the land disturbance activities and ensure compliance with the terms and conditions stated in this manual.
4. 
The permittee shall select, install, operate and maintain the BMPs required to adequately control erosion, capture sediment and prevent pollution. Guidance in the concepts and methods of erosion and pollution control can be found in the following documents:
a. 
The details and standards contained in this manual.
Article II. Land Disturbance and Stormwater Management.
Article III. Stormwater Management and Pollution Prevention.
Article IV. Watersheds and Stream Order.
Article V. Design Requirements.
Article VI. BMPs for Erosion and Sediment Control.
Article VII. General Guidelines for SWPPP Inspection Requirements and SWPPP Observation Report.
b. 
Stormwater management for Construction Activities: Developing Pollution Prevention Plans and Best Management Practices, Document number EPA 832R-92-005 published by the United States Environmental Protection Agency (USEPA).
c. 
Protecting water quality: A field guide to erosion, sediment and stormwater best management practices for development sites in Missouri published by the Missouri Department of Natural Resources.
d. 
Illinois Urban Manual, published by the Illinois Natural Resource Conservation Service.
e. 
USEPA Menu of Best Management Practices for NPDES Stormwater, https://www.epa.gov/npdes/national-menu-best-management-practices-bmps-stormwater#edu
f. 
Designing for Effective Sediment and Erosion Control on Construction Sites, Jerald S. Fifield, PhD, CPESC, 2001, Forester Press.
g. 
Rainwater and Land Development, Ohio's Standards for Stormwater Management, Land Development and Urban Stream Protection.
The permittee is not limited to the use of these guidance manuals. Other commonly accepted publications may be used for guidance. In addition, the permittee is not limited to the use of BMPs identified in these manuals. However, any alternative BMPs should be justified, described in the SWPPP and approved by the Department of Public Works.
B. 
Scope Of Authority. Any person, firm, corporation or business proposing to have land disturbance of one (1) acre or more within the unincorporated limits of Jefferson County shall apply to the Department of Public Works for approval of a grading plan and a SWPPP and issuance of a land disturbance permit as required under Article II, Land Disturbance and Stormwater Management.
C. 
Performance Guarantee. Prior to approval of the required grading plan and SWPPP and prior to the issuance of a land disturbance permit, the Department of Public Works shall require the applicant submit a performance guarantee agreement as required by Article II.
[1]
Editor's Note: Former Chapter 505, Erosion and Sediment Control/Stormwater Management Design Manual, containing Sections 505.010 through 505.960 including attachments to same, was repealed 4-24-2017 by Ord. No. 17-0244.
[Ord. No. 17-0244, 4-24-2017]
A. 
A land disturbance permit shall be issued and shall remain in force only upon compliance with the following requirements:
1. 
Surface Waters — Damage. Adequate provision shall be made to prevent any surface waters from damaging the cut face of an excavation or the sloping surface of a hill. Existing erodible slopes that are to remain undisturbed shall be protected from stormwater runoff associated with any disturbed or developed area. No stormwater shall be allowed to flow from an area that has been graded or improved to the undisturbed slope. Grading and storm sewer systems shall be designed to collect or direct stormwater to an adequate natural discharge point.
2. 
Retaining Walls — Cribbing. Retaining walls or cribbing may be required whenever necessary to prevent the surface of any excavation or fill from exceeding at any point the maximum allowable slopes as set forth herein.
3. 
Drainage. All drainage provisions shall be of such design to carry surface waters, without detriment to adjacent properties, to the nearest practical storm drain, natural watercourse or street as approved by the Director of Public Works as a suitable place to deposit and receive such waters.
4. 
Protection Of Streets, Property. No excavation shall be made so close to the property line to endanger any adjoining public or private street without supporting and protecting such public or private street or property from settling, cracking or other damage.
5. 
Fill — Location. No fill shall be made so as to cause or to allow the same to be deposited upon or to roll, flow or wash upon or over the premises of another without the express written consent of the owner of such premises so affected, or upon or over any public street, walk, place or way, nor so close to the top of a bank of a channel as to create the possibility of bank failure and sliding.
6. 
Materials. Materials for fills shall consist of material obtained from excavation of banks, borrow pits or other sources. Material shall be free of vegetative matter and deleterious material and shall not contain large rocks or lumps except as certified by a registered professional engineer to be acceptable fill material.
7. 
Minimum Standards. Minimum standards of excavations and fills shall be as follows:
a. 
No excavation shall be made with a cut face steeper in slope than three (3) horizontal to one (1) vertical, unless as provided for in Subsection (A)(7)(c).
b. 
No fill shall be made which creates an exposed embankment face steeper in slope than three (3) horizontal to one (1) vertical, unless as provided for in Subsection (A)(7)(c). The embanked end of the fill shall be uniformly compacted as provided in Subsection (A)(8) hereof and stable under the proposed conditions.
c. 
Individual and isolated slopes, rock dikes, undisturbed natural slopes and slopes blending with the natural terrain may be steeper than the requirements in Subsection (A)(7)(a) and Subsection (A)(7)(b) based on the design of a registered professional engineer, including recommendations covering construction and recommendations on maintenance of the slope and as approved by the Director of Public Works.
8. 
Compaction. All fills intended to support buildings or structures, sewers and conduits shall be compacted to a minimum of ninety percent (90%) compaction as determined by Modified Proctor, ASTM D-1557. Compaction of fills for these uses must be certified by a registered professional engineer at the owner's expense. Compaction of other fills shall be required where necessary as a safety measure to aid in preventing the saturation, slipping or erosion of the fill.
9. 
Rock. Solid rock, shale or similar materials shall be removed to a depth below the subgrade for paved areas. In those circumstances where rock is within two (2) feet of the proposed pavement subgrade, the engineer shall design a system, acceptable to the Director of Public Works, to prevent pavement migration.
10. 
Removal Of Timber, Rubbish, Etc. Timber, logs, trees, brush, vegetative matter and rubbish of any description shall be removed and disposed of so as to leave the disturbed area with a neat and finished appearance. Tree stumps, masonry and other obstructions within lawn areas shall be removed or burned in accordance with rules of jurisdiction to a minimum depth of two (2) feet below finished grade.
11. 
Demolition Of Existing Structure. A demolition permit shall be obtained from the Jefferson County Code Enforcement Division. Septic tanks shall be removed and abandoned cisterns filled in accordance with local ordinances. Wells shall be capped in accordance with requirements of the Missouri Department of Natural Resources.
B. 
Quality. Settleable solids shall not exceed a maximum of two and one-half (2.5) ml/L/hr. for each stormwater outfall, unless the disturbed area is tributary to a valuable resource water as defined under "Applicability to Valuable Resource Waters." Settleable solids from a stormwater outfall in these areas shall not exceed one and one-half (1.5) ml/L/hr.
C. 
Sampling. The Department of Public Works may sample and/or may require sampling and reporting as a result of illegal discharges, compliance issues, complaint investigations or such other evidence of off-site contamination from activities at the site. If such an action is needed, the Department will specify in writing any additional sampling requirements, including such information as location, extent and parameters.
[Ord. No. 17-0244, 4-24-2017]
A. 
Grading Plan Requirements. The following information shall be shown on the grading plan.
1. 
Existing and proposed contours at a minimum of two (2) foot intervals.
2. 
Location of grading, structures, etc.
3. 
Owner, developer and engineer information.
4. 
Bench mark information with specific reference datum.
5. 
Trees to be saved or removed.
6. 
Floodplain and floodway delineated.
7. 
Off-site grading.
B. 
SWPPP Requirements. The following information and practices shall be provided for in the SWPPP.
1. 
Site description.
2. 
Drainage areas.
3. 
Description of Best Management Practices.
4. 
Erosion and sediment control plans.
5. 
The proposed phasing of development of the site.
6. 
The plan must assure that sediment is not transported from the site by a storm event of 15-year (frequency), twenty (20) minute (inlet time) or less.
7. 
The procedures to be taken if sediment containment devices fail and sediment is transported from the site.
8. 
Construction waste and hazardous substance control.
C. 
Grading Plan And SWPPP Approval.
1. 
Comments/approvals may be required from the following agencies:
a. 
Conservation District Comments. The NRCS District may make comments and recommendations. Such comments may pertain, but need not be limited to:
(1) 
Erosion and sedimentation control;
(2) 
Soil use limitations;
(3) 
Environmental considerations.
b. 
Levees. When work is proposed for property in or within two thousand (2,000) feet of a levee, the applicant shall submit plans to the appropriate levee district for comments.
c. 
The Federal Emergency Management Agency (FEMA) and U.S. Army Corps of Engineers guidelines shall be followed where applicable.
2. 
Prior to issuance of a land disturbance permit, evidence of the proposed inspector's qualifications shall be submitted.
D. 
Modifications And Changes.
1. 
Amending/Updating The SWPPP. The permittee shall amend and update the SWPPP as appropriate during the term of the land disturbance activity. The permittee shall amend the SWPPP, at a minimum, whenever the:
a. 
Design, operation or maintenance of BMPs is changed;
b. 
Design of the construction project is changed that could significantly affect the quality of the stormwater discharges;
c. 
Permittee's inspections indicate deficiencies in the SWPPP or any BMP;
d. 
MoDNR and/or Jefferson County notifies the permittee of deficiencies in the SWPPP;
e. 
The Department of Public Works determines the SWPPP to be ineffective in significantly minimizing or controlling erosion and sedimentation (e.g., there is visual evidence, such as excessive site erosion or excessive sediment deposits in streams or lakes);
f. 
The Department of Public Works determines the SWPPP to be ineffective in preventing pollution of waterways from construction wastes, chemicals, fueling facilities, concrete truck washouts, toxic or hazardous material, site litter or other substances or wastes likely to have an adverse impact on water quality;
g. 
Total settleable solids from a stormwater outfall exceed two and one-half (2.5) ml/L/hr. unless the disturbed area is near a valuable resource water as defined under "Applicability to Valuable Resource Waters." Total settleable solids from a stormwater outfall in these areas shall not exceed one-half (0.5) ml/L/hr.
h. 
MoDNR determines violations of water quality standards may occur or have occurred.
E. 
Permittees Responsibilities Regarding SWPPP. The permittee shall:
1. 
Notify all contractors and other entities who will perform work at the site of the existence of the SWPPP and what actions or precautions shall be taken while on site to minimize the potential for erosion and the potential for damaging any BMP.
2. 
Ensure that site workers have been trained, as a minimum, in erosion control, material handling and storage and housekeeping.
3. 
Provide access to the SWPPP to all parties who are responsible for installation, operation or maintenance of any BMP.
4. 
Maintain a current copy of the SWPPP on the site at all times during active construction or accessible at other times.
[Ord. No. 17-0244, 4-24-2017]
A. 
Inspections. The permittee and property owner/developer shall ensure that the land disturbance site is inspected on a regular schedule by a qualified inspector, knowledgeable in the laws and practices of Jefferson County.
B. 
Responsibilities.
1. 
The inspector shall inspect the site weekly to ensure proper installation, operation and maintenance of BMPs. Locations where stormwater leaves the site shall be inspected for erosion or sediment deposit. The overall effectiveness of the SWPPP shall be evaluated and the need for additional control measures addressed if needed. See Article VII of this Chapter for general guidance on inspection requirements. Any deficiencies shall be noted in a report of the inspection.
2. 
Additional inspections shall also be carried out within twenty-four (24) hours during the week and forty-eight (48) hours on weekends of a rainfall event of five tenths (0.5) inches or more.
3. 
The inspector shall promptly notify the permittee and the site contractors responsible for operation and maintenance of BMPs of the deficiencies found during the inspection.
4. 
The permittee shall correct the deficiencies within one (1) calendar day of the inspection in emergency conditions and four (4) calendar days of the inspection for routine maintenance.
C. 
Inspection And Corrective Action Report. A written report of each inspection and the corrective actions taken shall be kept. The report shall include the following minimum information: inspector's name, date of inspections, observations relative to the effectiveness of the BMPs, actions taken or necessary to correct deficiencies and listing of areas where land disturbance operations have permanently or temporarily stopped. See Appendix F, held on file in the City offices, for report form to be used.
D. 
Record Retention. The permittee shall retain copies of this permit, the SWPPP and all amendments for the site named in the permit, results of any monitoring and analysis and all site inspection records required by this permit. The permittee shall retain these records on site or at a site that is readily accessible from the permitted site until final stabilization of a site is achieved. The local office of the permittee, their contractor or consultant is considered to be readily available from the project site if it is located in the same or adjacent County as the project site. The records shall be accessible during normal business hours. After final stabilization, the records may be maintained at the location of the permittee's main office or other designated storage location. The records shall be retained for a period of at least three (3) years from project completion as defined by notice of termination date. The permittee shall provide a copy of any inspections and/or SWPPP modifications to the County upon request.
[Ord. No. 17-0244, 4-24-2017]
A. 
Inspections. By applying for a land disturbance permit, the applicant consents to Jefferson County inspecting the proposed development site, all work in progress, and the constructed stormwater BMPs for the life of the BMP.
B. 
Violations. In the event of a violation, the performance guarantee may be used by the County to complete and/or maintain the planned sediment and erosion control measures and/or restore the site.
C. 
A violation of any provision of this Chapter shall be a misdemeanor, carrying a punishment not to exceed imprisonment in the County Jail for more than one (1) year or a fine of more than one thousand dollars ($1,000.00), or both such fine and imprisonment. Each day a violation occurs or exists shall constitute a separate offense.
D. 
The Director of Public Works, or any persons designated or authorized by the Director of Public Works shall have the authority to enforce all provisions of this Chapter including the issuance of a summons for violations of any provision of this Chapter.
E. 
Any person, who is authorized to issue a summons in Subsection (D) above, when a suspected violation of this Chapter occurs, may issue a summons to the suspected violator to appear before the County Municipal Court at a date and time specified therein. The form of the summons may be by uniform citation as set out in Rule 37 of the Missouri Rules or of court or by summons form as indicated in the order Ordinance creating the County Municipal Court.
F. 
In addition to the remedies provided above, and set forth elsewhere in this Chapter, the County may apply for the appropriate court for injunctive relief, which would require the correction or abatement of any violation of this Chapter. The initiation or exhaustion of one (1) or more of the enforcement proceedings set forth in this Chapter shall not be a prerequisite to the initiation of any other of these enforcement proceedings. Different types of enforcement proceedings may be pursued concurrently.
G. 
Corrective Action. In the event of corrective action being taken by the County on behalf of the property owner, home owners association, or any other party responsible for long term maintenance of the Stormwater BMP, the responsible party will be charged for all materials and services required to bring the structural or non-structural Stormwater BMP back to its designed standards.
[Ord. No. 17-0244, 4-24-2017]
Individual Lot, Lots Or Entire Tracts. The Code of Ordinances of Jefferson County, Missouri, requires a permit as well as sediment and erosion control measures for disturbed areas of one (1) acre or more disturbed as part of a common plan or sale. That language means the lot(s) (commercial, industrial or residential) when sold to an entity for construction is (are) also subject to regulations because they are part of the common sale. The existing permittee who intends to transfer ownership of a lot or parcel of the overall permitted area is still responsible for the terms of the SWPPP and erosion control on that site until the new owner applies for and receives other permits for land disturbance activities.