Lincoln Municipal Code Art. II Requirements and Procedures

All projects that meet the criteria of this chapter, create less than one acre of disturbed soil area, and are not required to obtain coverage under the construction general permit shall develop an erosion and sedimentation control plan that complies with the requirements of this section and the city's current version of the city of Lincoln, Department of Public Works Design Criteria and Procedures Manual. If this chapter and the Design Criteria and Procedures Manual differ in requirements, this chapter shall govern. The erosion and sedimentation control plan shall identify all BMPs that will be implemented throughout construction to control the discharge of pollutants in storm water runoff and to eliminate prohibited non-storm water runoff. At the city's discretion, the requirements of this section may be waived.

Pollutant storm water discharges and all prohibited non-storm water runoff discharges to the city's storm drainage system, to a water body, or off of the project site, are prohibited. In the event of an act of nature or an event which is outside the control of the applicant, owner or occupant, and which the affected project has in place the appropriate BMPs or other similar controls, such discharge shall not be considered as noncompliance with this chapter.

The erosion and sedimentation control plan shall be submitted to the city for review and written approval prior to the start of construction.

Drain inlet protection shall be installed on all drain inlets that will receive storm water runoff from disturbed soil areas prior to the start of construction.

All waste shall be handled, stored, utilized and disposed of in compliance with all applicable laws and regulations and in a manner that prohibits contact with storm water. All garbage shall be picked up and disposed of on a regular basis.

Hazardous materials shall be handled, stored, utilized and disposed of in compliance with all applicable laws and regulations, and in a manner that prohibits contact with storm water and storm water runoff.

All projects shall effectively stabilize all disturbed soil areas with permanent erosion control or a hard surface protection system upon the completion of construction and any temporary BMPs shall be removed to the city's satisfaction.

(Ord. No. 876B, § 1, 1-22-2013)

All projects meeting the criteria of this chapter and creating one acre or more disturbed soil area or are part of a larger common plan of development shall obtain coverage under the SWRCB's current construction general permit.

Pollutant storm water discharges and all prohibited non-storm water runoff discharges to the city's storm drainage system, to a water body, or off of the project site, are prohibited. In the event of an act of nature or an event which is outside the control of the applicant, owner or occupant, and which the affected project has in place the appropriate BMPs or other similar controls, such discharge shall not be considered as noncompliance with this chapter.

The landowner or person responsible for construction activities, per the legally responsible person ("LRP") conditions of the construction general permit, shall develop and submit a SWPPP to the city prior to issuance of a grading permit or encroachment permit. This requirement shall also be included in all subdivision agreements. The SWPPP shall be prepared and implemented in compliance with all requirements of the construction general permit.

If the SWPPP requires amendment, per the requirements of the construction general permit, the amended SWPPP shall be submitted to the city within seven days of amendment.

(1) Waste discharge identification ("WDID") number shall be obtained from the SWRCB prior to the commencement of any construction activities and shall be furnished to the city.

An erosion and sedimentation control plan shall be submitted to the city that identifies the BMPs that will be implemented throughout the duration of construction to control pollutant discharges. The erosion and sedimentation control plan shall comply with the requirements of this section and the city's current version of the city of Lincoln, Department of Public Works Design Criteria and Procedures Manual. If this chapter and the Design Criteria and Procedures Manual differ in requirements, this chapter shall govern. The erosion and sedimentation control plan shall be reviewed and approved in writing by the city prior to the commencement of any construction activity and shall be the same plan as approved by SWRCB.

The erosion and sedimentation control plan shall be prepared and submitted concurrently with the grading plan. The erosion and sedimentation control plan may be incorporated on the same plan sheet as the grading plan unless it makes the sheet cluttered, or it may be submitted on a clean separate sheet. The separate sheet shall be drawn clearly and legibly and entitled "Erosion and Sedimentation Control Plan," shall contain a statement of the purpose of the proposed best management practices to be used.

The erosion and sedimentation control plan shall include the items required by the city of Lincoln Public Facilities Improvement Standards, the city's Design Criteria and Procedures Manual and the following:

(1) Identification of the receiving water body for the project;

(2) Identification of the project's risk level in accordance with the construction general permit;

(3) Sizing information for any basins or other structural control BMPs that require sizing,

(4) Identification of the quantity and locations of storm water run-on; and

(5) Identification of all discharge points and all sampling and monitoring points per the requirements of the construction general permit.

The erosion and sedimentation control plan shall include the rationale for selecting or rejecting BMPs, including soil loss calculations, if required by the city.

The erosion and sedimentation control plan shall list applicable permits including, but not limited to, the construction general permit, a 401 Water Quality Certification, U.S. Army Corps of Engineers 404 permit, California Department of Fish and Game 1600 agreement. The project applicant shall submit evidence to the city that all required permits for the project have been obtained prior to the commencement of soil disturbing activities.

If the erosion and sedimentation control plan requires revision, the city shall review and approve in writing all revisions.

All projects shall effectively stabilize all disturbed soil areas with permanent erosion control or a hard surface protection system upon the completion of construction and any temporary BMPs shall be removed to the city's satisfaction.

All projects shall remain subject to the requirements of this chapter until the construction general permit's notice of termination requirements are met and the city has accepted all improvements and has confirmed that the conditions of this chapter have been met in full.

(Ord. No. 876B, § 1, 1-22-2013)

The following activities are exempt from this chapter:

(1) Disturbances to land surfaces solely related to agricultural activities such as disking, harrowing, terracing and leveling, and soil preparation,

(2) Activities or construction conducted on tribal lands;

(3) Landfill construction activity that is subject to the SWRCB's industrial general permit.

(Ord. No. 876B, § 1, 1-22-2013)

The city or designated agent shall make inspections, as hereinafter required, to determine compliance with the project's erosion and sedimentation control plan, the project's SWPPP, or the construction general permit. The city may inspect any work done pursuant to this chapter during the course of construction in accordance with the Municipal Code. No person shall be deemed to have complied with this chapter until a final inspection of the work has been made by the city. In the event the owner or occupant refuses entry after a request to enter and inspect has been made, the city is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.

The frequency of the inspections shall be determined by the city based on the nature and scoping of the project. At a minimum the inspections may be conducted:

(1) Prior to the start of construction;

(2) Upon completion of grading;

(3) Any work within a Waters of the U.S.;

(4) Upon completion of any in-water work;

(5) Completion of ground work;

(6) Upon the completion of landscaping;

(7) Upon project closeout.

During any inspection as provided herein, the city representative may take samples (or require the owner to take samples) and, perform any testing deemed necessary, and take photographs to aid in the pursuit of the inquiry or to record site activities. This authority may include the installation of sampling and metering devices, or requiring the owner to supply samples. All costs for said testing shall be paid for by the applicant. Such costs, if performed by the city, may be covered by the owner's inspection fee deposit.

(Ord. No. 876B, § 1, 1-22-2013)