Montclair Municipal Code Art. X Sediment and Erosion Control of Construction Sites

A. All earth-moving or grading operations requiring a grading permit (as noted in Chapter 10, Section 10.08.010) shall be required to also have an approved erosion-control plan.

B. Grading work is prohibited on any single grading site under permit unless an erosion-control plan has been approved or waived by the City Engineer. Where necessary, temporary and/or permanent erosion-and-sediment-control devices or methods, as approved by the City Engineer, shall be employed to control erosion and provide safety during this period.

C. The City Engineer or his or her designee may order restriction or cessation of land disturbance or development operations upon determination that the weather, soil, slope, or general site conditions may cause serious accelerated erosion or sediment damage either onsite or downstream from the site.

(Ord. 06-886 § 1 (part))

A. Erosion-and-sediment-control plans shall be submitted to the City Engineer for approval with grading plan submittal unless otherwise waived by the City Engineer. No grading permit shall be issued unless an erosion-and-sediment-control plan has been submitted or waived by the City Engineer. The erosion-and-sediment-control plan may be waived for grading on single residential lot projects provided an erosion-control system, approved by the City Engineer, is installed, placed, planted, or constructed before October 15. An erosion-and-sediment-control plan is required for all projects if the City Engineer or his or her designee determines that erosion or sediment discharge adversely affects adjacent properties. The approved erosion-and-sediment-control plan shall be updated, if necessary, by October 15 of each year for projects under a grading permit.

B. The erosion-and-sediment-control plan shall include details of protective measures, including desiltation basins or other temporary drainage or control measures or both, as may be necessary to protect adjoining public or private property from damage by erosion, flooding, or mud and/or debris deposits which may originate from the site or result from the grading operations.

C. All slope planting as required by the erosion-and-sediment-control plans, which is to be completed after September 5 of each year, will require jute matting or other acceptable turf matting or erosion-and-sediment-control blankets prior to planting or hydroseeding.

(Ord. 06-886 § 1 (part))

A. All projects requiring a grading permit must have erosion-and-sediment-control plans submitted for approval. Projects that have an approved erosion-and-sediment-control plan from the previous year must submit an updated erosion-and-sediment-control plan for approval reflective existing conditions or necessary changes that are needed for conformance with current conditions.

B. The erosion-and-sediment-control plans must be approved and erosion-and-sediment-control devices installed and certified and inspected as being properly constructed by the engineer of record. Sediment control must be continuously maintained throughout the construction process. Updating of the plans will be required for phases of construction not covered by the previously approved plans.

C. Approval and processing of the erosion-and-sediment-control plans requires payment of plan-checking fees, inspection fees, and the posting of securities as further noted in this section.

D. First submittal for erosion-and-sediment-control plans shall include the plan-checking fee, two blue line copies of the plans, and two copies of the bond estimate.

(Ord. 06-886 § 1 (part))

An erosion-and-sediment-control plan shall include, but not be limited to, the following information:

A. A 24-hour telephone number of the person responsible for performing emergency erosion-control work;

B. The stamp and signature of the Civil Engineer who prepared the erosion-control plan;

C. The erosion-and-sediment-control general notes (copies available for the Public Works Department and Building Division);

D. Identification of all desilting and erosion-protection facilities necessary to protect adjacent property from sediment deposition;

E. Identification of the streets and drainage devices that will be completed and paved by October 15;

F. Provision for the placement of gravel bags, slope planting, or other measures to control erosion from all slopes above and adjacent to roads open to the public;

G. Provision for maintaining access to desilting facilities during wet weather;

H. A schedule for the construction and ongoing maintenance of all required erosion-and-sediment-control facilities;

I. Identification of discharge points where concentrated runoff occurs.

(Ord. 06-886 § 1 (part))

A. All sediment shall be contained onsite. Runoff from disturbed areas shall be detained or filtered by berms, swales, ditches, filter strips, or other means as necessary to prevent the escape of sediment from the site. Sediment-control devices shall be installed prior to or concurrent with the initial grading operations and shall be maintained throughout the development process.

B. Erosion shall be prevented at locations where runoff is concentrated. Where runoff will be discharged to natural ground or channels, appropriate energy dissipaters shall be installed to prevent erosion at the point of discharge.

C. All erosion-and-sediment-control measures required to retain sediment onsite and to safely discharge any accelerated runoff generated by the project shall be installed during the initial construction phase of the project.

D. Desilting facilities shall be provided at drainage outlets from the graded site.

E. Desilting basins shall be designed to provide a desilting capacity capable of containing the anticipated runoff for a period of time adequate to allow sediment of suspended particles.

F. Desilting basins shall be constructed around the perimeter of projects. Basins should be located where maintenance access is provided from paved roads during wet weather.

G. Desilting basins constructed from compacted earth shall be compacted to a relative compaction of 90 percent of maximum density. A soil engineering report including the type of field-testing performed, location, and results of testing shall be submitted to the City Engineer for approval upon completing the desilting basin(s).

H. Equipment and workers for emergency work shall be available at all times. Necessary materials shall be available onsite and stockpiled at convenient locations to facilitate rapid construction of temporary erosion-control devices, if needed.

I. Erosion-and-sediment-control provisions shall include and complement drainage patterns during the current and future phases of grading throughout the rainy season.

(Ord. 06-886 § 1 (part))

A. Erosion-and-sediment-control systems shall be serviced and maintained to provide continuous capacity and to adequately function as designed. After precipitation exceeding one-quarter inch in any 12-hour period or upon direction of the City Engineer or his or her designee, silt and debris shall be removed from check dams and desilting basins and the basins pumped dry and otherwise restored to the original design condition.

B. The performance of the erosion-and-sediment-control system shall be evaluated by the City Engineer or his or her designee and revised and replaced as ordered.

C. The construction and maintenance of all erosion-and-sediment-control systems shall conform to the approved erosion-and-sediment-control plan unless otherwise approved by the City Engineer.

D. The contractor, permittee, project owner, or property owner shall be responsible for and take necessary precautions to prevent public trespass into areas where impounded water creates a hazardous condition. Necessary precautions may include, but not be limited to, appropriate perimeter fencing or a 24-hour guard in order to prevent unauthorized persons from entering the basin(s).

(Ord. 06-886 § 1 (part))

A. All erosion-and-sediment-control systems require approval by the City Engineer and approval and certification by the engineer of record. Such approved and certified systems shall be completed, inspected, and in place before grading begins. All erosion-and-sediment-control systems must be continuously maintained throughout the construction process.

B. All removable protective devices shown shall be in place at the end of each working day when the five-day rain probability forecast exceeds 40 percent. The forecast shall be as determined by the National Weather Service.

C. If construction of erosion-and-sediment-control systems outside of the project boundaries are necessary, permission to construct such systems from the owner of such offsite property must be obtained. Plans for the offsite systems shall be included with the onsite plans submitted to the City Engineer. The plans for the offsite erosion-and-sediment-control systems shall include permission to grade and maintain the erosion-and-sediment-control systems from all affected property owners and letters of clearance and/or permits from all appropriate governmental entities.

D. Paved streets, sidewalks, and other improvements shall be maintained in a neat and clean condition, free of loose soil, construction debris, and trash. Street sweeping or other equally effective means shall be used on a regular basis to control erosion that has been deposited on streets or sidewalks. Watering shall not be used to clean streets except for the removal of fine material not otherwise removed by sweeping or other mechanical means.

E. The contractor, permittee, project owner, or property owner shall be responsible for inspection, modification, and proper maintenance of the erosion-and-sediment-control devices as necessary. If the contractor, permittee, project owner, or property owner fails or refuses to properly maintain the erosion-and-sediment-control devices, the City Engineer or his or her designee:

1. May cause emergency maintenance work to be done in order to protect potentially impacted property. The cost shall be deducted for the erosion-and-sediment-control security posted for the project;

2. May revoke the grading permit in writing. The permit shall not be renewed until erosion-and-sediment-control system approved by the City Engineer is installed or necessary maintenance of an existing system is completed.

F. If any grading subject to Section 10.08.010 of this Code has commenced on private property without a valid grading permit, the property owner shall be required to obtain a valid permit before continuing; and grading and may be required to prepare and implement an erosion-and-sediment-control plan approved by the City Engineer. If the property owner fails to install an approved erosion-and-sediment-control system, the City Engineer shall cause emergency work to be done to protect potentially impacted property and to protect environmentally sensitive areas. The procedures of Sections 9.24.480(A)(2) through (4) of this chapter need not apply for emergency erosion-and-sediment-control work between during the construction process. The cost of such emergency work shall be charged to the owner pursuant to the procedures set forth in Section 9.24.480(D)(5) of this chapter.

(Ord. 06-886 § 1 (part))

A. Requirement for Security. Prior to approval of the grading permit, an erosion-and-sediment-control plan for the project site shall be submitted to and approved by the City Engineer; and securities meeting the requirements contained herein shall be posted with the City. The security shall guarantee the following:

1. Compliance with all provisions of this chapter and all other applicable ordinances;

2. Compliance with any and all terms and conditions of the permittee's approved erosion-and-sediment-control plan;

3. Completion of the erosion-and-sediment-control system, to the satisfaction of the City Engineer or his or her designee and in accordance with the approved erosion-and-sediment-control plan;

4. Completion of all emergency and routine maintenance and repair of the erosion-and-sediment-control system(s) to ensure the continuous integrity of the system(s) to the satisfaction of the City Engineer or his or her designee and as may otherwise be required by this section;

5. Restoration and repair of public streets or other property adversely impacted by erosion from permittee's project.

B. Amount and Form of Security. The amount of the security shall be equal to 100 percent of the total estimated cost of the erosion-and-sediment-control system(s). The permittee's estimate of such cost shall be based on the established unit costs available from the City and shall be subject to review and approval by the City Engineer. At least 75 percent of the required security shall be in cash and shall be deposited with the City Engineer. The remainder of the erosion-control security shall be subject to approval by the City Engineer and City Attorney and consist of one or more of the following:

1. Cash deposit;

2. Bond;

3. Certificate of deposit;

4. Letter of credit, in City format, from one or more local financial institution(s) subject to regulation by the state or federal government.

C. Failure to Provide Security. If a permittee fails to provide the security required by this section prior to grading, the City Engineer may revoke the permittee's grading permit without prior notice to the permittee. Any such revocation shall be in writing.

D. Use of Cash Deposit. The City Engineer may use the cash deposit to cause certain erosion-and-sediment-control work to be done under any of the following circumstances:

1. Failure of permittee to commence emergency repair or maintenance work within 12 hours of receipt of a written demand therefor from the City Engineer or within 12 hours of the City Engineer's attempt to communicate such demand via the telephone number listed on the approved plans or as provided by the permittee;

2. Failure of permittee to commence other repair or maintenance work within 72 hours of receipt of a written demand therefor from the City Engineer;

3. Failure of permittee to diligently pursue completion of any required repair or maintenance work or to complete such work within a reasonable time period established by the City Engineer;

4. Failure of permittee to complete installation of an erosion-and-sediment-control system prior to grading;

5. Failure of permittee, after notice from the City Engineer, to clean or repair public streets or other public property where debris, damage, or erosion resulted from the permittee's project. Permittee shall be liable to the City for the cost of any repair work that becomes necessary as a result of and in accordance with the provisions of this section. The City Engineer may withdraw from the permittee's cash deposit for erosion-and-sediment-control security any funds necessary to pay for such work. The City Engineer shall notify the permittee of any withdrawal from the permittee's cash deposit. If the cost for such work exceeds the balance of the permittee's funds on deposit, the City Engineer shall cause an invoice to be sent to the permittee demanding payment of the amount by which the cost of the work exceeds the permittee's deposit. The permittee shall, within 10 days of receipt of such invoice, deposit with the City Engineer that amount of cash necessary to bring the permittee's deposit up to its original balance. If the permittee fails to pay such amount in full within 30 days from the date of the invoice, the permittee's grading permit shall be automatically revoked. Renewal of the grading permit shall not be completed until the invoice is paid in full. No final grading inspection shall be completed until the permittee has fully satisfied all monetary obligations to the City imposed pursuant to the provisions of this section. Additionally, no further construction permits including, but not limited to, building permits or occupancy permits shall be issued until such monetary obligations are fully satisfied.

E. Release of Security. Upon the end of construction as determined by the City Engineer, the City Engineer may release any erosion-and-sediment-control security posted or deposited pursuant to this section upon receipt of a written request for such release by the permittee.

The City Engineer shall not release a permittee's security if the permittee has an outstanding monetary obligation to the City incurred pursuant to the provisions of subsection (D)(5) of this section or if cleanup or repair of public streets or other public property for which the permittee is responsible has not been completed to the satisfaction of the City Engineer.

Any unused portion of the permittee's erosion-and-sediment-control security may also remain on deposit with the City throughout the grading of the project and may not be released until completion of the landscaping improvements for the project if it is determined by the City Engineer that because of the nature, configuration, or location of the project it is in the best interest of the City to retain such erosion-control security until the project's completion.

(Ord. 06-886 § 1 (part))

A. Any construction project that requires a Water Quality Management Plan shall be prohibited from allowing the following discharges into the storm drain system.

1. Discharges that could have an impact on human health or the environment; cause or threaten to cause pollution, contamination, or nuisance, discharges that exceed any applicable water quality standard contained in a Statewide Water Quality Control Plan or local Basin Plan, and discharges containing a hazardous substance equal to or in excess of a reportable quantity listed in Federal Regulations 40 CFR Parts 117 and 302.

2. Materials that can cause or contribute to pollution or a violation of any applicable water quality standards including, but are not limited to, sediments, solid or liquid chemicals spills, wastes from paints, stains, sealants, glues, limes, pesticides, or herbicides, wood preservatives or solvents, asbestos fibers, paint flakes or stucco fragments, fuels, oils, or lubricants, hydraulic, radiator, or battery fluids, fertilizers, vehicle/equipment wash water or concrete wash water; concrete, detergent, or floatable wastes; wastes from any engine/equipment steam cleaning or chemical degreasing, and chlorinated potable water line flushings.

B. Unless exempted or authorized by an NPDES permit, all nonstormwater discharges require prior approval by the local stormwater agency or the State Water Resources Control Board.

1. During construction, temporary storage of such materials identified above must occur in designated areas physically separated from potential stormwater runoff, with ultimate disposal in accordance with federal, state, regional, county, and City requirements.

2. Dewatering of contaminated groundwater or discharging contaminated solids via surface erosion is prohibited.

(Ord. No. 10-915, § 1, 8-2-10)

A. The City Engineer or his/her designee shall have the authority to require the development of a Water Quality Management Plan (WQMP) for any development, redevelopment, utility, or road improvement project within the City limits.

B. The City Engineer or his/her designee may inspect the premises of any person, business, discharger, or entity for which a WQMP has been prepared at reasonable times and in a reasonable manner to determine whether the best management practices (BMPs) associated with the project WQMP are being installed, implemented, and functioning as designed. Photographs may be taken for purposes of documentation and enforcement.

1. Establishment of a Regulatory Fee. The City Council may establish a regulatory fee by resolution and from time to time adjust the fee by Resolution to recover the reasonable cost of permit issuance, administration, inspections, sampling, metering, and monitoring by the City Engineer or his/her designee. Such fee shall cover, but not exceed, the full cost of permit issuance, administration, inspections, sampling, metering, and monitoring and shall be allocated in a manner that bears a fair and reasonable relationship to the activities of the fee payers that are relative to the need for the WQMP.

2. Recovery of Additional Inspection Costs. If any discharger fails to meet the requirements of the WQMP and additional site inspections are, therefore, required, such dischargers shall be liable for the cost of additional inspection and any improvements, repairs, modifications, or maintenance necessary. These costs may be recovered through additional inspection fees to cover permit inspection and administration expenses. The City may also pursue any civil action deemed necessary against the discharger to recover excess WQMP inspection and compliance costs.

(Ord. No. 12-930, § 1, 5-7-12)

A. Maintenance and Operations of Best Management Practices (BMPs) Improvements and Facilities. The owner of a structural BMP installed pursuant to Section 9.24.500 shall maintain and operate the BMP to preserve and continue its function in controlling stormwater quality and quantity at the degree or amount of function for which the BMP was designed.

B. Operation and Maintenance Agreement. At the time that as-built plans are provided to the City Engineer or designee prior to final approval of a project for compliance with this article, but in all cases prior to placing the BMPs in service, the applicant or owner of the site shall execute an operation and maintenance agreement that shall be binding on all current and subsequent owners of the site, portions of the site, and/or lots or parcels served by the BMP. This maintenance agreement shall be recorded as specified in Section 11.60.180. Failure to execute an operation and maintenance agreement may result in assessment of penalties as specified in Chapter 9.24 Article VIII, Administrative Enforcement Remedies. Until the transference of all property, sites, or lots served by the BMP, the original owner or applicant shall have primary responsibility for carrying out the provisions of the maintenance agreement. At the discretion of the City Engineer or his/her designee, certificates of occupancy may be withheld pending receipt of an operation and maintenance agreement. The operation and maintenance agreement shall require the owner or owners to maintain, repair, and, if necessary, reconstruct the structural BMP, and shall state the terms, conditions, and schedule of maintenance for the structural BMP. In addition, it shall grant to the City of Montclair a right of entry in the event that the City Engineer or his/her designee has reason to believe it has become necessary to inspect, monitor, maintain, repair, or reconstruct the BMP; however, in no case shall the right of entry, of itself, confer an obligation on the City of Montclair to assume responsibility for the BMP.

C. Inspection Program. Inspections and inspection programs by the City of Montclair may be conducted or established on any reasonable basis, including, but not limited to, routine inspections, random inspections, inspections based upon complaints or other notice of possible violations, and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to, reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in BMPs; and evaluating the condition of BMPs. If the owner or occupant of any property refuses to permit such inspection, the City Engineer or his designee shall proceed to obtain an administrative search warrant pursuant to Code of Civil Procedures 1822.50. No person shall obstruct, hamper, or interfere with the City inspector while carrying out his or her official duties.

D. Records of Installation and Maintenance Activities. The owner of each structural BMP shall keep records of inspections, maintenance, and repairs for at least five years from the date of creation of the record and shall submit the same upon reasonable request to City official.

E. Violation Unlawful. Any failure to comply with an applicable requirement, prohibition, standard, or limitation imposed by this article or the terms or conditions of any permit or other development or redevelopment approval or authorization granted pursuant to this article is unlawful and shall constitute a violation of this article.

F. Each Day a Separate Offense. Each day that a violation continues shall constitute a separate and distinct violation or offense.

G. Responsible Persons/Entities. Any person who erects, constructs, reconstructs, alters (whether actively or passively), operates, or maintains or who fails to erect, construct, reconstruct, alter, repair, operate, or maintain any structure, facility, improvement, BMP, practice, or condition in violation of this article; as well as any person who participates in, assists, directs, creates, causes, or maintains a condition that results in or constitutes a violation of this chapter or fails to take appropriate action so that a violation of this article results or persists; or an owner, any tenant or occupant, or any other person, who has control over, or responsibility for, the use or development of the property on which the violation occurs shall be subject to the remedies, penalties, and/or enforcement actions in accordance with this section. For the purposes of this article, responsible person(s) shall include but not be limited to:

1. Any person who participates in, assists, directs, creates, causes, or maintains a condition that constitutes a violation of this article or fails to take appropriate action so that a violation of this article results or persists.

2. The owner of the land on which the violation occurs, any tenant or occupant of the property, any person who is responsible for stormwater controls or practices pursuant to a private agreement or public document, or any person who has control over, or responsibility for, the use, development, or redevelopment of the property.

(Ord. No. 12-930, § 1, 5-7-12)