Banning Municipal Code Ch. 18.15 Erosion and Sediment Control

A. All individual construction and grading projects shall implement measures to ensure that pollutants are not discharged from the site, will be reduced to the maximum extent practicable (MEP), and will not cause or contribute to an exceedance of water quality objectives in the local natural watercourses. All construction and grading activities will be in compliance with applicable ordinances, permits and other federal, state and local requirements.

B. The permittee shall adhere to the following requirements:

1. Develop and implement an erosion and sediment control plan to manage stormwater and nonstormwater discharges from the site at all times in accordance with the grading manual. Projects disturbing, exposing or stockpiling one acre or more of soil are also required to have coverage under the state general construction permit and generate a stormwater pollution prevention plan (SWPPP) per the state general construction permit;

2. Conduct phased grading operations and minimize grading activities during the rainy season. Coincide grading with dry weather periods to the extent feasible. Implement additional "best management practices" (BMPs) for all rain events;

3. Install a combination of erosion and sediment control measures to effectively prevent erosion and retain sediment on-site throughout the duration of all construction activities;

4. Minimize exposure time of disturbed soil areas;

5. Temporarily stabilize and re-seed disturbed soil areas as rapidly as possible;

6. Permanently revegetate or landscape as early as feasible;

7. Stabilize all slopes;

8. The permittee shall abide by all of the provisions set forth in the state water resource control board (SWRCB) NPDES general permit for construction activity. The city must be provided with a waste discharge identification (WDID) number issued by the SWRCB prior to an issuance of a grading permit;

9. Implement the applicable requirements of the city's standard erosion and sediment control notes, as identified in the grading manual.

Note: The above requirements are applicable to all construction sites regardless of whether the construction site is subject to the state general construction permit or other individual national pollutant discharge elimination system (NPDES) permit.

(Ord. No. 1388, § 4, 7-14-09)

A. No grading work will be allowed on any single grading site under permit unless the city engineer has approved an erosion and sediment control plan.

B. All grading plans, regardless of the date of submittal, shall include an erosion and sediment control plan designed to limit erosion of all disturbed portions of the property and to minimize the transport of soil onto downgrade perimeters, curbs, gutters, streets, drainage inlets, private and public stormwater conveyance systems, environmentally sensitive areas, adjacent properties and watercourses in accordance with the provisions of this ordinance and the grading manual.

C. All erosion and sediment control "best management practices" (BMPs) outlined in the stormwater pollution prevention plan (SWPPP), if applicable, will be shown on the erosion and sediment control plan and implemented prior to October 1st of each year.

(Ord. No. 1388, § 4, 7-14-09)

A. The permittee shall be responsible for the control of erosion and sediment discharge on and from all disturbed areas of grading until issuance of certificate of occupancy at which time the BMPs of the WQMP shall be in place.

B. No grading work shall be allowed on any site when the city engineer determines that erosion, mudflow or sediment discharge may adversely affect downstream properties, drainage courses, storm drains, streets, easements, or public or private facilities or improvements unless an approved erosion and sediment control system has been implemented on the site. If the city determines that it is necessary for the city to cause erosion and sediment control measures to be installed or cleanup to be done, the permittee shall pay all of the city's direct and indirect costs including extra inspection, supervision and reasonable overhead charges in accordance with Section 18.24.100, "cost recovery fees" of this ordinance.

C. All protective devices shown on the erosion and sediment control plan and in the SWPPP, if applicable, shall be in place within seven days prior to any forecasted rain. If the permittee does not install or maintain erosion and sediment controls, the city engineer may order city crews to do the work or may issue contracts for such work and charge the cost of this work along with reasonable overhead charges to the cash deposits or other instruments implemented for this work without further notification to the owner. No additional work on the project except erosion and sediment control work shall be performed until the full amount drawn from the cash deposit, in accordance with Section 18.24.120, "grading, erosion and sediment control securities" of this ordinance is restored by the permittee.

D. "Best management practices" (BMPs) shall be implemented on a continual basis during construction activities. The following minimum criteria shall be met:

1. An effective combination of erosion and sediment controls shall be implemented within seven working days of clearing or inactivity in construction.

2. Soil stockpiles must be stabilized with a combination of erosion and sediment controls and have a daily maintenance frequency or as directed by the city engineer.

3. Waterway and watercourse protection shall include, but not be limited to, stabilization of the channel before, during and after in-channel work.

4. Additional erosion and sediment control materials shall be stockpiled at various locations throughout the site for immediate implementation within seven days of a forecasted rain. The developer/contractor shall make available equipment and workers for emergency work to protect the site.

E. Cut and fill slopes shall be protected to control against erosion and sediment discharge.

F. Permittee shall implement BMPs year round. Additional site specific BMPs shall also be implemented, as necessary, to comply with this ordinance which may be more stringent than those required under the general construction permit.

G. Permittee shall implement additional controls for construction sites tributary to Clean Water Act (CWA) Section 303(d) water bodies impaired for sediment. Each permittee shall implement additional controls for construction sites within, adjacent, or discharging directly to receiving waters within environmentally sensitive areas.

H. Permittee shall conduct construction site inspection for compliance with this ordinance and all applicable permits.

(Ord. No. 1388, § 4, 7-14-09)

Temporary site vegetation shall be required, as determined by the city engineer, on any disturbed soil areas of the site for prolonged periods of grading inactivity or expiration of a grading permit in accordance with Section 18.09.260, "expiration and renewal of issued permits" of this ordinance. Temporary vegetation shall not negate any city requirement or condition of approval to install permanent landscaping.

(Ord. No. 1388, § 4, 7-14-09)

A. Prior to and after each rainstorm, all on-site and off-site flow-lines, stormwater conveyance systems, check dams, chevrons, silt fences and desilting basins shall be free of sediment, construction materials, waste, miscellaneous debris and deteriorated erosion and sediment controls at all times.

B. Prior to and after each rainstorm, the erosion and sediment control system shall be evaluated and revised and repaired as necessary.

C. The permittee shall be responsible for and shall take necessary precautions to prevent public trespass onto areas where impounded water, due to erosion and sediment control devices, creates a hazardous condition. Signage indicating "ponded water - do not enter" shall be posted.

D. The permittee shall be responsible for continual maintenance of the devices during all construction activities.

E. In the event the city engineer must cause emergency work to be done, he or she may revoke the grading permit. The permit shall not be renewed until an approved erosion and sediment control system has been installed and the owner has paid any applicable fees.

F. If any grading or clearing subject to Section 18.03.020 "permits required" of this ordinance has commenced on private property without a valid grading permit, the property owner will be required to stop work, prepare and implement an erosion and sediment control plan which has been approved by the city and obtain a valid grading permit.

(Ord. No. 1388, § 4, 7-14-09)

A. Resource Conservation Plans. For all lands used for agricultural purposes within the City of Banning, the property owner shall cause to be prepared a resource conservation plan, utilizing the best management practices for the prevention of erosion and sedimentation. The resource conservation plan shall be prepared by the USDA Soil Conservation Services or a registered agricultural engineer consultant.

B. Implementation of Resource Conservation Plans. The resource conservation plans to be prepared for best management practices implementation is to be prioritized based upon the soil conservation service "soil erosion hazard map" with those areas of high erosion hazard receiving top priority. Resource conservation plans for agricultural areas shall be submitted for review and filing by the city after acceptance by the Regional Water Quality Control Board.

C. Annual Report. The property owner of agricultural land shall be responsible for the preparation and submittal to the city engineer an annual report setting forth their progress in the preparation of resource conservation plans and best management practices implementation. Progress reports may be required more frequently if deemed necessary by the city engineer.

(Ord. No. 1388, § 4, 7-14-09)

A. General Requirements. All grading activities subject to the regulations of this ordinance shall be designed and conducted to minimize runoff of all pollutants onto public or private properties and into waters of the United States as required by this ordinance and City Municipal Code Chapter 13.24 "stormwater management system".

B. Responsibility. It shall be the permittee's responsibility to obtain coverage under the SWRCB general construction permit, submit a notice of intent (NOI) and appropriate fee to the SWRCB, complete all site-specific stormwater pollution prevention plans (SWPPP), monitoring and reporting program plans, reports, certifications, and other information required by the permit and or requested by the Regional Water Quality Control Board (RWQCB), United States Environmental Protection Agency (USEPA), or the city engineer. The permittee shall update all plans as construction activities are modified from their original schedule and/or progress as originally planned. The permittee shall also maintain all erosion and sediment control measures at the site throughout the duration of the project as required by the permit. All of the information noted above shall be maintained on-site during construction and shall be presented upon demand by the SWRCB and/or City of Banning inspectors. NPDES requirements will remain in effect until notice of termination (NOT) requirements are fulfilled.

(Ord. No. 1388, § 4, 7-14-09)