The Authorized Public Officer is hereby authorized and directed to establish BMPs for construction site erosion and sediment control, to establish and prescribe the required contents and elements of Stormwater Pollution Prevention Plans, and to amend any of the same from time to time as the Authorized Public Officer may deem appropriate and necessary to implement the provisions of this Chapter.  The Authorized Public Officer shall maintain the same in manual form, not less than three copies of which shall be provided to the City Clerk to be made available for public inspection, and with copies also being kept available for examination by all persons or parties who make application or are considering making application for a building permit in relation to a project which would be subject to the BMPs.

(Ord. 4689-09; Ord, 5141-24)

(a)   The owner of a site of any Construction Activity, and any contractor or contractors applying for permits on the owner’s behalf, shall each be responsible for compliance with the requirements of this Section.

(b)   No permit shall be issued for any project involving any Construction Activity until the permit applicant or the owner of the property has submitted to and obtained the Authorized Public Officer’s approval of a Stormwater Pollution Prevention Plan.  This requirement shall also be applicable to the issuance of any amended or subsequent permit as to a site where this requirement was not initially applicable, but where the overall project as to which all such permits relate has come to constitute a Construction Activity.

(c)   Submission of a Stormwater Pollution Prevention Plan shall be accompanied by a fee of $75.00, in addition to any other applicable permit fees; and, further, an additional fee of $75.00 shall be paid upon each anniversary date of the approval of the SWPPP until such time as the applicable Construction activities under such SWPPP have been satisfactorily completed and the site surface properly stabilized or covered as determined by the Authorized Public Officer.

(d)   If the proposed Construction Activity relates to a site which is less than one-acre in total area, does not involve any activities which require an NPDES Stormwater Discharge Permit, and the Authorized Public Officer determines that it is not necessary for the effective implementation of the requirements of this Article that a Stormwater Pollution Prevention Plan be submitted which is in full compliance with all of the required contents and elements thereof prescribed as part of the City BMPs, then the Authorized Public Officer may allow in substitution thereof the illustration or description of the City BMPs which will be utilized at the Construction Activity site as a part of a site plan submission.  An approved site plan with such illustrations or descriptions shall nevertheless have the status of a Stormwater Pollution Prevention Plan for all other purposes of this Article.

(Ord. 4689-09; Ord. 5141-24)

(a)   Where construction of any residential, commercial, or industrial subdivision development will involve one or more Construction Activities during the life of the development project, the owner of a site of any Construction Activity, and any developer on the owner’s behalf, shall submit for approval a Stormwater Pollution Prevention Plan as part of the plans for the public improvements necessary for such development.  The Stormwater Pollution Prevention Plan shall provide for all phases of development, including sanitary sewer construction, storm drainage system construction, construction of waterlines, streets and sidewalks, general grading, and the construction of individual buildings within the development.

(b)   The subdivision owner shall provide a copy of the approved Stormwater Pollution Prevention Plan to all contractors and utility companies prior to their working within the subdivision.

(c)   The subdivision owner shall be responsible for implementation of the approved Stormwater Pollution Prevention Plan as to all Construction Activity within the development, excluding construction under the control of a subsequent owner of an individual lot or parcel or as to construction managed by utility companies.

(d)   Any subsequent owner of an individual lot or parcel with such a subdivision shall be responsible for continued implementation of the approved Stormwater Pollution Prevention Plan for all construction activity within or related to that owner’s lot or parcel, excluding construction managed by utility companies.

(Ord. 4689-09; Ord. 5141-24)

(a)   The Stormwater Pollution Prevention Plan shall be prepared by a professional engineer licensed by the Kansas State Board of Technical Professions; provided, however, that the Authorized Public Officer may waive this requirement as to submissions accepted in substitution for a formal Stormwater Pollution Prevention Plan pursuant to subsection (d) below.

(b)   The Stormwater Pollution Prevention Plan shall be in compliance with the required form, contents and elements for Stormwater Pollution Prevention Plans as prescribed in the City BMP manual.  The Stormwater Pollution Prevention Plan shall address the facilities, procedures and BMPs which will be utilized as part of the project to prevent Illicit Discharges, and shall address all phases of development, including sanitary sewer construction, storm management system construction, waterline, street and sidewalk construction, general grading and the construction of individual homes.  One or more City BMPs adopted pursuant to Section 24-301 above may be incorporated by reference into a Stormwater Pollution Prevention Plan.  The applicant will not be required to provide a Stormwater Pollution Prevention Plan for the activities of any contractor, subcontractor or utility company within a Construction Activity site to the extent such activities are covered by a Stormwater Pollution Prevention Plan submitted by and approved for such contractor, subcontractor or utility company.

(c)   Submission of a Stormwater Pollution Prevention Plan shall be accompanied by a fee of $75.00, in addition to any other applicable permit fees; and, further, an additional fee of $75.00 shall be paid upon each anniversary date of the approval of the SWPPP until such time as the applicable Construction Activities under such SWPPP have been satisfactorily completed and the site surface properly stabilized or covered.

(d)   If the proposed Construction Activity relates to a site which is less than one-acre in total area, does not involve any activities which require an NPDES Stormwater Discharge Permit, and the Authorized Public Officer determines that it is not necessary for the effective implementation of the requirements of this Article that a Stormwater Pollution Prevention Plan be submitted which is in full compliance with all of the required contents and elements thereof prescribed as part of the City BMPs, then the Authorized Public Officer may allow in substitution thereof the illustration or description of the City BMPs which will be utilized at the Construction Activity site as a part of a site plan submission.  An approved site plan with such illustrations or descriptions shall nevertheless have the status of a Stormwater Pollution Prevention Plan for all other purposes of this Article.

(e)   The Authorized Public Officer shall review all Stormwater Pollution Prevention Plan submittals and give written approval or request for revisions within fifteen working days (excluding weekends and recognized City holidays).   The Authorized Public Officer shall withhold the issuance of any related building, construction or other such permit until approval is given to the Stormwater Pollution Prevention Plan.

(f)   If there is any change in the design of a project under a Stormwater Pollution Prevention Plan which the Authorized Public Officer determines could affect the potential of Illicit Discharges to occur, or if by inspection the Authorized Public Officer determines that any provisions of the Stormwater Pollution Prevention Plan are deficient to prevent Illicit Discharges, or if Illicit Discharges occur from a site subject to an approved Stormwater Pollution Prevention Plan despite compliance with the Stormwater Pollution Prevention Plan provisions, or if in the Authorized Public Officer otherwise determines that amendments are necessary to the Stormwater Pollution Prevention Plan in order to prevent Illicit Discharges, then in any such event the Authorized Public Officer is authorized to take any or all of the following actions:

(1)   Issue an order requiring the submission and approval of amendments to the Stormwater Pollution Prevention Plan;

(2)   Issue such partial or total stop-work orders as may be necessary to prevent further Illicit Discharges; and

(3)   Take other enforcement actions as may be deemed appropriate and as authorized under this Chapter.

(Ord. 4689-09; Ord. 5141-24)

(a)   As an alternative to the submission of a Stormwater Pollution Prevention Plan for an individual Construction Activity by a utility company which activity is not subject to an approved Stormwater Pollution Prevention Plan for such Construction Activity site, a utility company may develop and implement BMPs generally applicable to its activities within the City which are sufficient to prevent Illicit Discharges occurring or arising from such activities.  In addition, the Authorized Public Officer may adopt and impose BMPs on utility construction activities.

(b)   Utility companies shall implement or abide by all applicable BMPs as to any Construction Activity undertaken within the City.

(Ord. 4689-09; Ord. 5141-24)

(a)   No contractor, subcontractor or utility company shall enter the site subject to an approved Stormwater Pollution Prevention Plan for the purpose of engaging in any work thereof prior to obtaining a copy of that Stormwater Pollution Prevention Plan for the site or project, and without taking such steps as necessary so that its activities on that site are in compliance with the Stormwater Pollution Prevention Plan.

(b)   Each contractor, subcontractor and utility company is responsible for taking all reasonable steps necessary to avoid damaging any BMP devices once in place.  Any person whose actions or neglect have resulted in the alteration, damage or impairment of any BMP devices in place pursuant to the Stormwater Pollution Prevention Plan shall immediately repair or remedy the same, and shall be responsible for all costs necessary for such repair and remediation.

(c)   It shall be unlawful for any person responsible for performance of and/or adherence to an approved Stormwater Pollution Prevention Plan to fail to comply with the requirements of that Plan.  The requirements under an approved Stormwater Pollution Prevention Plan shall remain applicable until such time as the Construction Activities under the Plan have been satisfactorily completed and the site surface properly stabilized or covered as determined by the Authorized Public Officer.

(d)   Any person who is required to have a construction or industrial activity NPDES Stormwater Discharge Permit shall comply with all provisions of such permit, and further shall be required to do the following:

(1)   Submit to the Authorized Public Officer a copy of the Notice of Intent required under the NPDES Stormwater Discharge Permit, submitting the same at the same time the original Notice of Intent is submitted to the EPA or KDHE.

(2)   Provide proof of compliance with the provisions of the NPDES Stormwater Discharge Permit when requested by and in a form acceptable to the Authorized Public Officer.

(e)   The fact that a person has conducted all activities in conformance with an approved Stormwater Pollution Prevention Plan or in conformance with approved or established BMPs shall not constitute a defense to a violation of the Illicit Discharge prohibitions of this Article.

(Ord. 4689-09; Ord. 5141-24)