[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:
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.
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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.
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B.
Scope Of Authority. Any person, firm, corporation or business proposing to have land disturbance of one (1) acre or more within the urban area boundary of 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. The urban area boundary shall be as defined on the latest edition of the functional classification maps for Jefferson County, Missouri, as published by the East-West Gateway Council of Governments.
[Ord. No. 19-0229, 4-11-2019; Ord. No. 20-0368, 8-28-2020]
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Within the same jurisdictional limits, any common plan of development
or sale where the total disturbance within the development would equal
one (1) acre or more in combination of all lots being developed individually,
shall require an overall comprehensive disturbance permit sponsored
by the original developer. Additionally, any development outside of
the urban area boundary with greater than fifteen (15) acres of land
disturbance area shall also require a land disturbance permit.
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[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:
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.
[Ord. No. 19-0229, 4-11-2019]
1.
The inspector shall inspect the site monthly 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 forty-eight (48) hours during the week and seventy-two
(72) hours on weekends of a rainfall event of five-tenths (0.5) inch
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 two (2) calendar days of the inspection in emergency conditions
and seven (7) 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 minimum fine of two hundred dollars
($200.00), subject to the limitations set forth in the applicable
Revised Statutes of Missouri. Each day a violation occurs or exists
shall constitute a separate offense.
[Ord. No. 19-0229, 4-11-2019]
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.
