Duluth › Unified Development Code
Article 10 — Erosion Control and Stormwater Management
§ 1001
Standards Incorporated by Reference
For the proper implementation of the requirements of this ordinance, the City will utilize policy, criteria, and information established by the Georgia Soil and Water Conservation Commission and within the latest edition of the Manual for Erosion and Sediment Control in Georgia.
§ 1002
Definitions Related to Soil Erosion, Sedimentation and Pollution
Control See Article 14 Interpretation and Definitions for definitions that relate to Soil Erosion, Sedimentation and Pollution Control.
§ 1003
Exemptions
Division I of this Article shall apply to any land-disturbing activity undertaken by any person on any land except for the following:
1.Surface mining, as the same is defined in O.C.G.A. 12-4-72, "The Georgia Surface Mining Act of 1968".
2.Granite quarrying and land clearing for such quarrying;
3.Such minor land-disturbing activities as home gardens and individual home landscaping, repairs, maintenance work, fences, and other related activities which result in minor soil erosion;
4.The construction of single-family residences, when such construction disturbs less than one (1) acre and is not a part of a larger common plan of development or sale with a planned disturbance of equal to or greater than one (1) acre and not otherwise exempted under this paragraph; provided, however, that construction of any such residence shall conform to the minimum requirements as set forth in O.C.G.A.
12-7-6 and this paragraph. For single-family residence construction covered by the provisions of this paragraph, there shall be a buffer zone between the residence and any state waters classified as trout streams pursuant to Article 2 of Chapter 5 of the Georgia Water Quality Control Act. In any such buffer zone, no land-disturbing activity shall be constructed between the residence and the point where vegetation has been wrested by normal stream flow or wave action from the banks of the trout waters.
For primary trout waters, the buffer zone shall be at least 50 horizontal feet, and no variance to a smaller buffer shall be granted. For secondary trout waters, the buffer zone shall be at least 50 horizontal feet, but the Director may grant variances to no less than 25 feet. Regardless of whether a trout stream is primary or secondary, for first order trout waters, which are streams into which no other streams flow except for springs, the buffer shall be at least 25 horizontal feet, and no variance to a smaller buffer shall be granted. The minimum requirements of subsection (b) of O.C.G.A. 12-7-6 and the buffer zones provided by this paragraph shall be enforced by the Local Issuing Authority;
5.Agricultural operations as defined in O.C.G.A. 1-3-3, "definitions", to include raising, harvesting or storing of products of the field or orchard; feeding, breeding or managing livestock or poultry; producing or storing feed for use in the production of livestock, including but not limited to cattle, calves, swine, hogs, goats, sheep, and rabbits or for use in the production of poultry, including but not limited to chickens, hens and turkeys; producing plants, trees, fowl, or animals; the production of aquaculture, horticultural, dairy, livestock, poultry, eggs and apiarian products; farm buildings and farm ponds;
6.Forestry land management practices, including harvesting; provided, however, that when such exempt forestry practices cause or result in land-disturbing or other activities otherwise prohibited in a buffer, as established in 1004.03(15) and Section 1004.03(16) of this Article, no other land-disturbing activities, except for normal forest management practices, shall be allowed on the entire property upon which the forestry practices were conducted for a period of three (3) years after completion of such forestry practices;
7.Any project carried out under the technical supervision of the Natural Resources Conservation Service
(NRCS)of the United States Department of Agriculture;
8.Any project involving less than one (1) acre of disturbed area; provided, however, that this exemption shall not apply to any land-disturbing activity within a larger common plan of development or sale with a planned disturbance of equal to or greater than one (1) acre or within 200 feet of the bank of any state waters, and for purposes of this paragraph, “State Waters” excludes channels and drainage ways which have water in them only during and immediately after rainfall events and intermittent streams which do not have water in them year-round; provided, however, that any person responsible for a project which involves less than one (1) acre, which involves land-disturbing activity, and which is within 200 feet of any such excluded channel or drainage way, must prevent sediment from moving beyond the boundaries of the property on which such project is located and provided, further, that nothing contained herein shall prevent the Local Issuing Authority from regulating any such project which is not specifically exempted by paragraphs (1),(2),(3),(4),(5),(6),(7),(8),(9) of this Section 1003;
9.Construction or maintenance projects, or both, undertaken or financed in whole or in part, or both, by the Georgia Department of Transportation, or the State Road and Tollway Authority; or any road construction or maintenance project, or both, undertaken by any county or municipality; provided, however, that construction or maintenance projects of the Department of Transportation or the State Road and Tollway Authority which disturb one or more contiguous acres of land shall be subject to provisions of O.C.G.A. 12-7-7.1; except where the Department of Transportation, or the State Road and Tollway Authority is a secondary permittee for a project located within a larger common plan of development or sale under the state general permit, in which case a copy of a notice of intent under the state general permit shall be submitted to the Local Issuing Authority, the Local Issuing Authority shall enforce compliance with the minimum requirements set forth in O.C.G.A. 12-7-6 as if a permit had been issued, and violations shall be subject to the same penalties as violations by permit holders;
10.Any land-disturbing activities conducted by any electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the Public Service Commission, any utility under the regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable television system as defined in O.C.G.A. 36-18-1, or any agency or instrumentality of the United States engaged in the generation, transmission, or distribution of power; except where an electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the Public Service Commission, any utility under the regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable television system as defined in O.C.G.A. 36-18-1, or any agency or instrumentality of the United states engaged in the generation, transmission, or distribution of power is a secondary permittee for a project located within a larger common plan of development or sale under the state general permit, in which case the Local Issuing Authority shall enforce compliance with the minimum requirements set forth in O.C.G.A. 12-7-6 as if a permit had been issued, and violations shall be subject to the same penalties as violations by permit holders; and
11.Any public water system reservoir.
§ 1004
Minimum Requirements for Erosion, Sedimentation and Pollution
Control Using BMPs
1004.01. General Provisions
Excessive soil erosion and resulting sedimentation can take place during land-disturbing activities if requirements of Division I of this Article and the NPDES General Permit are not met. Therefore, plans for those land-disturbing activities which are not exempted by Division I of this Article shall contain provisions for application of soil erosion, sedimentation and pollution control measures and practices. The provisions shall be incorporated into the erosion, sedimentation and pollution control plans. Soil erosion, sedimentation and pollution control measures and practices shall conform to the minimum requirements of Section 1004.02 and Section 1004.03 of this Article. The application of measures and practices shall apply to all features of the site, including street and utility installations, drainage facilities and other temporary and permanent improvements. Measures shall be installed to prevent or control erosion, sedimentation and pollution during all stages of any land-disturbing activity in accordance with requirements of Division I of this Article and the NPDES General Permit.
1004.02. Minimum Requirements; BMPs
1.Best management practices as set forth in Section 1004.02 and Section 1004.03 of this Article shall be required for all land-disturbing activities. Proper design, installation, and maintenance of best management practices shall constitute a complete defense to any action by the Director or to any other allegation of noncompliance with paragraph (2) of this subsection or any substantially similar terms contained in a permit for the discharge of stormwater issued pursuant to subsection (f) of O.C.G.A. 12-5-30, the "Georgia Water Quality Control Act". As used in this subsection the terms "proper design” and “properly designed” mean designed in accordance with the hydraulic design specifications contained in the “Manual for Erosion and Sediment Control in Georgia” specified in O.C.G.A. 12-7-6 subsection (b).
2.A discharge of stormwater runoff from disturbed areas where best management practices have not been properly designed, installed, and maintained shall constitute a separate violation of any land-disturbing permit issued by a local Issuing Authority or of any state general permit issued by the Division pursuant to subsection (f) of O.C.G.A. 12-5-30, the "Georgia Water Quality Control Act", for each day on which such discharge results in the turbidity of receiving waters being increased by more than twenty-five (25) nephelometric turbidity units for waters supporting warm water fisheries or by more than ten (10) nephelometric turbidity units for waters classified as trout waters. The turbidity of the receiving waters shall be measured in accordance with guidelines to be issued by the Director. This paragraph shall not apply to any land-disturbance associated with the construction of single-family homes which are not part of a larger common plan of development or sale unless the planned disturbance for such construction is equal to or greater than five (5) acres.
3.Failure to properly design, install, or maintain best management practices shall constitute a violation of any land-disturbing permit issued by a Local Issuing Authority or of any state general permit issued by the Division pursuant to subsection (f) of Code Section 12-5-30, the "Georgia Water Quality Control Act", for each day on which such failure occurs.
4.The Director may require, in accordance with regulations adopted by the Board, reasonable and prudent monitoring of the turbidity level of receiving waters into which discharges from land disturbing activities occur.
5.The LIA may set more stringent buffer requirements than stated in Section1004.03(15), Section 1004.03(16) and Section 1004.03(17), in light of O.C.G.A. § 12-7-6 (c).
1004.03. Minimum Requirements; Specific
The rules and regulations, ordinances, or resolutions adopted pursuant to O.C.G.A. 12-7-1 et. seq. for the purpose of governing land-disturbing activities shall require, as a minimum, protections at least as stringent as the state general permit; and best management practices, including sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent with, and no less stringent than, those practices contained in the Manual for Erosion and Sediment Control in Georgia published by the Georgia Soil and Water Conservation Commission as of January 1 of the year in which the land-disturbing activity was permitted, as well as the following:
1.Stripping of vegetation, regrading and other development activities shall be conducted in a manner so as to minimize erosion;
2.Cut-fill operations must be kept to a minimum;
3.Development plans must conform to topography and soil type so as to create the lowest practicable erosion potential;
4.Whenever feasible, natural vegetation shall be retained, protected, and supplemented;
5.The disturbed area and the duration of exposure to erosive elements shall be kept to a practicable minimum;
6.Disturbed soil shall be stabilized as quickly as practicable;
7.Temporary vegetation or mulching shall be employed to protect exposed critical areas during development;
8.Permanent vegetation and structural erosion control practices shall be installed as soon as practicable;
9.To the extent necessary, sediment in run-off water must be trapped by the use of debris basins, sediment basins, silt traps, or similar measures until the disturbed area is stabilized. As used in this paragraph, a disturbed area is stabilized when it is brought to a condition of continuous compliance with the requirements of O.C.G.A. 12-7-1 et. seq.;
10.Adequate provisions must be provided to minimize damage from surface water to the cut face of excavations or the sloping of fills;
11.Cuts and fills may not endanger adjoining property;
12.Fills may not encroach upon natural watercourses or constructed channels in a manner so as to adversely affect other property owners;
13.Grading equipment must cross flowing streams by means of bridges or culverts except when such methods are not feasible, provided, in any case, that such crossings are kept to a minimum;
14.Land-disturbing activity plans for erosion, sedimentation and pollution control shall include provisions for treatment or control of any source of sediments and adequate sedimentation control facilities to retain sediments on-site or preclude sedimentation of adjacent waters beyond the levels specified in Section 1004.02(2) of this Article;
15.Except as provided in paragraph (16) and (17) of this subsection, there is established a 25 foot buffer along the banks of all state waters, as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, except where the Director determines to allow a variance that is at least as protective of natural resources and the environment, where otherwise allowed by the Director pursuant to O.C.G.A. 12-2-8, where a drainage structure or a roadway drainage structure must be constructed, provided that adequate erosion control measures are incorporated in the project plans and specifications, and are implemented; or along any ephemeral stream. As used in this provision, the term 'ephemeral stream' means a stream: that under normal circumstances has water flowing only during and for a short duration after precipitation events; that has the channel located above the ground-water table year round; for which ground water is not a source of water; and for which runoff from precipitation is the primary source of water flow. Unless exempted as along an ephemeral stream, the buffers of at least 25 feet established pursuant to part 6 of Article 5, Chapter 5 of Title 12, the "Georgia Water Quality Control Act", shall remain in force unless a variance is granted by the Director as provided in this paragraph. The following requirements shall apply to any such buffer:
a.No land-disturbing activities shall be conducted within a buffer and a buffer shall remain in its natural, undisturbed state of vegetation until all land-disturbing activities on the construction site are completed. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; provided, however, that any person constructing a single-family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; and
b.The buffer shall not apply to the following land-disturbing activities, provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented: (i) Stream crossings for water lines; or (ii) Stream crossings for sewer lines; and
16.There is established a 50 foot buffer as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, along the banks of any state waters classified as "trout streams" pursuant to Article 2 of Chapter 5 of Title 12, the “Georgia Water Quality Control Act", except where a roadway drainage structure must be constructed ; provided, however, that small springs and streams classified as trout streams which discharge an average annual flow of 25 gallons per minute or less shall have a 25 foot buffer or they may be piped , at the discretion of the landowner, pursuant to the terms of a rule providing for a general variance promulgated by the Board, so long as any such pipe stops short of the downstream landowner’s property and the land-owner complies with the buffer requirement for any adjacent trout streams. The Director may grant a variance from such buffer to allow land-disturbing activity, provided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented. The following requirements shall apply to such buffer:
a.No land-disturbing activities shall be conducted within a buffer and a buffer shall remain in its natural, undisturbed, state of vegetation until all land-disturbing activities on the construction site are completed. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; provided, however, that any person constructing a single–family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; and
b.The buffer shall not apply to the following land-disturbing activities, provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented: (i) Stream crossings for water lines; or (ii) Stream crossings for sewer lines.
17.Nothing contained in O.C.G.A. 12-7-1 et. set. shall prevent any Local Issuing Authority from adopting rules and regulations, ordinances, or resolutions which contain stream buffer requirements that exceed the minimum requirements in Section 1004.02 and Section 1004.03 of this Article.
18.The fact that land-disturbing activity for which a permit has been issued results in injury to the property of another shall neither constitute proof of nor create a presumption of a violation of the standards provided for in Division 1 of this Article or the terms of the permit.
§ 1005
Application/Permit Process
1005.01. General
The property owner, developer and designated planners and engineers shall design and review before submittal the general development plans. The Local Issuing Authority shall review the tract to be developed and the area surrounding it. They shall consult this Development Code, and any other ordinances, rules, regulations or permits, which regulate the development of land within the jurisdictional boundaries of the Local Issuing Authority.
However, the owner and/or operator are the only parties who may obtain a permit.
1005.02. Application Requirements
1.No person shall conduct any land-disturbing activity within the jurisdictional boundaries of Duluth without first obtaining a permit from the City of Duluth to perform such activity and providing a copy of Notice of Intent submitted to EPD if applicable.
2.The application for a permit shall be submitted to the City of Duluth and must include the applicant’s erosion, sedimentation, and pollution control plan with supporting data, as necessary. Said plans shall include, as a minimum, the data specified in Section 1005.03 of this Article. Erosion, sedimentation and pollution control plans, together with supporting data, must demonstrate affirmatively that the land disturbing activity proposed will be carried out in such a manner that the provisions of Section 1004.02 and Section 1004.03 of this Article will be met. All applications shall contain a certification stating that the plan preparer or the designee thereof visited the site prior to creation of the plan in accordance with EPD Rule 391-3-7-10.
3.In addition to the local permitting fees, fees will also be assessed pursuant to paragraph (5) subsection (a)
of O.C.G.A. 12-5-23, provided that such fees shall not exceed $80.00 per acre of land-disturbing activity, and these fees shall be calculated and paid by the primary permittee as defined in the state general permit for each acre of land-disturbing activity included in the planned development or each phase of development. All applicable fees shall be paid prior to issuance of the land disturbance permit. In a jurisdiction that is certified pursuant to subsection (a) of O.C.G.A. 12-7-8 half of such fees levied shall be submitted to the Division; except that any and all fees due from an entity which is required to give notice pursuant to paragraph (9) or (10) of O.C.G.A. 12-7-17 shall be submitted in full to the Environmental Protection Division, regardless of the existence of a Local Issuing Authority in the jurisdiction.
4.If a permit applicant has had two or more violations of previous permits, Division I of this Article, or the Erosion and Sedimentation Act, as amended, within three years prior to the date of filing the application under consideration, the Local Issuing Authority may deny the permit application.
5.The Local Issuing Authority may require the permit applicant to post a bond in the form of government security, cash, irrevocable letter of credit, or any combination thereof up to, but not exceeding, $3,000.00 per acre or fraction thereof of the proposed land-disturbing activity, prior to issuing the permit. If the applicant does not comply with Division I of this Article or with the conditions of the permit after issuance, the Local Issuing Authority may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance. These provisions shall not apply unless there is in effect an ordinance or statute specifically providing for hearing and judicial review of any determination or order of the Local Issuing Authority with respect to alleged permit violations.
a.The City of Duluth shall require the posting of a bond before any permits are granted pursuant to Division I of this Article.
i.The required bond may be posted in any of the following methods or in a combination of methods: cash, irrevocable letter of credit, or government security.
ii.The required bond shall be in the amount of $3,000.00 per acre or portion of an acre disturbed.
b.The procedure for the forfeiture of the required bond for failure to comply with this Division I of this Article is set forth in Section 1007.03.
1005.03. Plan Requirements
1.Plans must be prepared to meet the minimum requirements as contained in Section 1004.02 and Section 1004.03 of this Article, or through the use of more stringent, alternate design criteria which conform to sound conservation and engineering practices. The Manual for Erosion and Sediment Control in Georgia is hereby incorporated by reference into Division 1 of this Article. The plan for the land-disturbing activity shall consider the interrelationship of the soil types, geological and hydrological characteristics, topography, watershed, vegetation, proposed permanent structures including roadways, constructed waterways, sediment control and stormwater management facilities, local ordinances and State laws.
Maps, drawings and supportive computations shall bear the signature and seal of the certified design professional. Persons involved in land development design, review, permitting, construction, monitoring, or inspections or any land disturbing activity shall meet the education and training certification requirements, dependent on his or her level of involvement with the process, as developed by the Commission and in consultation with the Division and the Stakeholder Advisory Board created pursuant to O.C.G.A. 12-7-20.
2.Data required for site plan shall include all the information required from the appropriate Erosion, Sedimentation and Pollution Control Plan Review Checklist established by the Commission as of January 1 of the year in which the land-disturbing activity was permitted.
1005.04. Permits
1.Permits shall be issued or denied as soon as practicable providing a completed application is received, variances and bonding are obtained, where necessary and all applicable fees have been paid prior to permit issuance. The permit shall include conditions under which the activity may be undertaken.
2.No permit shall be issued by the Local Issuing Authority unless the erosion, sedimentation and pollution control plan has been approved by the District and the Local Issuing Authority has affirmatively determined that the plan is in compliance with Division I of this Article, any variances required by Section 1004.03(15), Section 1004.03(16) and Section 1004.03(17) are obtained, bonding requirements, if necessary, as per Section 1004.03(6) are met and all ordinances and rules and regulations in effect within the jurisdictional boundaries of the Local Issuing Authority are met. If the permit is denied, the reason for denial shall be furnished to the applicant.
3.Any land-disturbing activities by a local issuing authority shall be subject to the same requirements of Division I of this Article, and any other ordinances relating to land development, as are applied to private persons and the Division shall enforce such requirements upon the Local Issuing Authority.
4.If the tract is to be developed in phases, then a separate permit shall be required for each phase.
5.The permit may be suspended, revoked, or modified by the Local Issuing Authority, as to all or any portion of the land affected by the plan, upon finding that the holder or his successor in the title is not in compliance with the approved erosion and sedimentation control plan or that the holder or his successor in title is in violation of Division I of this Article. A holder of a permit shall notify any successor in title to him/her as to all or any portion of the land affected by the approved plan of the conditions contained in the permit.
6.The LIA may reject a permit application if the applicant has had two or more violations of previous permits or the Erosion and Sedimentation Act permit requirements within three years prior to the date of the application, in light of O.C.G.A. 12-7-7 (f) (1).
§ 1006
Inspection and Enforcement
1.The City of Duluth will periodically inspect the sites of land-disturbing activities for which permits have been issued to determine if the activities are being conducted in accordance with the plan and if the measures required in the plan are effective in controlling erosion and sedimentation. Also, the Local Issuing Authority shall regulate primary, secondary and tertiary permittees as such terms are defined in the state general permit. Primary permittees shall be responsible for installation and maintenance of best management practices where the primary permittee is conducting land-disturbing activities. Secondary permittees shall be responsible for installation and maintenance of best management practices where the secondary permittee is conducting land-disturbing activities. Tertiary permittees shall be responsible for installation and maintenance where the tertiary permittee is conducting land-disturbing activities. If, through inspection, it is deemed that a person engaged in land-disturbing activities as defined herein has failed to comply with the approved plan, with permit conditions, or with the provisions of Division I of this Article, a written notice to comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance and shall state the time within which such measures must be completed. If the person engaged in the land-disturbing activity fails to comply within the time specified, he shall be deemed in violation of Division I of this Article.
2.The Local Issuing Authority must amend its ordinances to the extent appropriate within twelve (12)
months of any amendments to the Erosion and Sedimentation Act of 1975.
3.The City of Duluth shall have the power to conduct such investigations as it may reasonably deem necessary to carry out duties as prescribed in Division I of this Article, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigation and inspecting the sites of land-disturbing activities.
4.No person shall refuse entry or access to any authorized representative or agent of the Local Issuing Authority, the Commission, the District, or Division who requests entry for the purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out his official duties.
§ 1007
Penalties and Incentives
1007.01. Failure to Obtain a Permit for Land-Disturbing Activity
If any person commences any land-disturbing activity requiring a land-disturbing permit as prescribed in Division I of this Article without first obtaining said permit, the person shall be subject to revocation of his business license, work permit or other authorization for the conduct of a business and associated work activities within the jurisdictional boundaries of the Local Issuing Authority.
1007.02. Stop-Work Orders
1.For the first and second violations of the provisions of Division I of this Article, the Director or the Local Issuing Authority shall issue a written warning to the violator. The violator shall have five days to correct the violation. If the violation is not corrected within five days, the Director or the Local Issuing Authority shall issue a stop-work order requiring that land-disturbing activities be stopped until necessary corrective action or mitigation has occurred; provided, however, that, if the violation presents an imminent threat to public health or waters of the state or if the land-disturbing activities are conducted without obtaining the necessary permit, the Director or the Local Issuing Authority shall issue an immediate stop-work order in lieu of a warning;
2.For a third and each subsequent violation, the Director or the Local Issuing Authority shall issue an immediate stop-work order; and;
3.All stop-work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred.
4.When a violation in the form of taking action without a permit, failure to maintain a stream buffer, or significant amounts of sediment, as determined by the Local Issuing Authority or by the Director or his or her Designee, have been or are being discharged into state waters and where best management practices have not been properly designed, installed, and maintained, a stop work order shall be issued by the Local Issuing Authority or by the Director or his or her Designee. All such stop work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred. Such stop work orders shall apply to all land-disturbing activity on the site with the exception of the installation and maintenance of temporary or permanent erosion and sediment controls.
1007.03. Bond Forfeiture
If, through inspection, it is determined that a person engaged in land-disturbing activities has failed to comply with the approved plan, a written notice to comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance with the plan and shall state the time within which such measures must be completed. If the person engaged in the land-disturbing activity fails to comply within the time specified, he shall be deemed in violation of Division I of this Article and, in addition to other penalties, shall be deemed to have forfeited his performance bond, if required to post one under the provisions of Section 1005.02(5). The Local Issuing Authority may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance.
1.A written notice stating that there has been a failure to comply with the approved plan or Division I of this Article shall be served on that person. The written notice shall contain the following:
a.a description of the problem that constitutes a failure to comply,
b.the measures necessary to achieve compliance and
c.a specific date and time by which compliance must be obtained.
2.If compliance has not occurred before the date and time specified in the written notice, the person shall be deemed in violation of Division I of this Article and all remedies under Division I shall be available to the City. The bond required under Section 1005.02(5) shall be deemed forfeited upon failure to comply within the time frame allowed by the written notice.
3.In order to use the forfeited bond, the City must send written notice to the person stating that the bond has been forfeited by the failure to obtain compliance within the specified time. The notice of bond forfeiture shall include information concerning the appeal of the automatic forfeiture. The notice shall state that an appeal must be filed with the City Manager within ten days of the date of the notice of bond forfeiture. The notice shall state that if an appeal is not filed within ten days of the date of the notice of bond forfeiture, the City will use the bond to obtain compliance with the City’s ordinance.
4.Any appeal shall be heard in accordance with the procedures of the Appeals Article.
1007.04. Monetary Penalties
1.Any person who violates any provisions of Division I of this Article, or any permit condition or limitation established pursuant to Division I of this Article, or who negligently or intentionally fails or refuses to comply with any final or emergency order of the Director issued as provided in Division I of this Article shall be liable for a civil penalty not to exceed $2,500.00 per day.
2.For the purpose of enforcing the provisions of Division I of this Article, notwithstanding any provisions in any City charter to the contrary, municipal courts shall be authorized to impose penalty not to exceed $2,500.00 for each violation.
3.Notwithstanding any limitation of law as to penalties which can be assessed for violations of city ordinances, any magistrate court or any other court of competent jurisdiction trying cases brought as violations of this ordinance under county ordinances approved under this ordinance shall be authorized to impose penalties for such violations not to exceed $2,500.00 for each violation. Each day during which violation or failure or refusal to comply continues shall be a separate violation.
§ 1008
Education and Certification
1.Persons involved in land development design, review, permitting, construction, monitoring, or inspection or any land-disturbing activity shall meet the education and training certification requirements, dependent on their level of involvement with the process, as developed by the commission in consultation with the Division and the stakeholder advisory board created pursuant to O.C.G.A. 12-7-20.
2.For each site on which land-disturbing activity occurs, each entity or person acting as either a primary, secondary, or tertiary permittee, as defined in the state general permit, shall have as a minimum one person who is in responsible charge of erosion and sedimentation control activities on behalf of said entity or person and meets the applicable education or training certification requirements developed by the Commission present on site whenever land-disturbing activities are conducted on that site. A project site shall herein be defined as any land-disturbance site or multiple sites within a larger common plan of development or sale permitted by an owner or operator for compliance with the state general permit.
3.Persons or entities involved in projects not requiring a state general permit but otherwise requiring certified personnel on site may contract with certified persons to meet the requirements of Division I of this Article.
4.If a state general permittee who has operational control of land-disturbing activities for a site has met the certification requirements of paragraph (1) of subsection (b) of O.C.G.A. 12-7-19, then any person or entity involved in land-disturbing activity at that site and operating in a subcontractor capacity for such permittee shall meet those educational requirements specified in paragraph (4) of subsection (b) of O.C.G.A 12-7-19 and shall not be required to meet any educational requirements that exceed those specified in said paragraph.
§ 1009
Administrative Appeal and Judicial Review
1009.01. Administrative Remedies
The suspension, revocation, modification or grant with condition of a permit by the Local Issuing Authority upon finding that the holder is not in compliance with the approved erosion, sediment and pollution control plan; or that the holder is in violation of permit conditions; or that the holder is in violation of any ordinance; shall entitle the person submitting the plan or holding the permit to a hearing before the Zoning Board of Appeals within ten days after receipt by the Local Issuing Authority of written notice of appeal.
1009.02. Judicial Review
Any person, aggrieved by a decision or order of the Local Issuing Authority, after exhausting his administrative remedies, shall have the right to appeal de novo to the Superior Court of Gwinnett County.
§ 1010
Liability
1.Neither the approval of a plan under the provisions of Division I of this Article, nor the compliance with provisions of Division I of this Article shall relieve any person from the responsibility for damage to any person or property otherwise imposed by law nor impose any liability upon the Local Issuing Authority or District for damage to any person or property.
2.The fact that a land-disturbing activity for which a permit has been issued results in injury to the property of another shall neither constitute proof of nor create a presumption of a violation of the standards provided for in Division I of this Article or the terms of the permit.
3.No provision of Division I of this Article shall permit any persons to violate the Georgia Erosion and Sedimentation Act of 1975, the Georgia Water Quality Control Act or the rules and regulations promulgated and approved thereunder or pollute any Waters of the State as defined thereby.
Division II. Site Grading
§ 1011
Requirements
1011.01. Grading Plan
1.Grading shall be done in accordance with the lines and grades shown on the approved Grading Plan.
2.Grading plans shall show existing and proposed contour lines at an interval of no more than 2 feet.
Grading plans shall outline the areas which are required to remain undisturbed (i.e., Tree Protection Areas, buffers, etc.) and shall indicate protective fencing or staking to be placed surrounding such areas.
3.Grading for roads and improved ditches shall be shown.
4.A grading plan showing building pad locations shall be done for residential subdivisions, unless a modification application is approved, having a zoning that requires a lot size of 12,000 square feet or less or a density of 4 units per acre or more. The intent of this regulation is to ensure adequate lot to lot drainage. Granting a modification will not nullify the intent of these regulations when the layout has a minimum lot area of 14,520 square feet and a minimum lot width of 90 feet.
1011.02. Metropolitan River Act
If the property is within the jurisdiction of the Metropolitan River Protection Act, the grading shall be consistent with the River Corridor Certificate approved for the project.
1011.03. Embankments
Embankments shall be placed in uniform layers not to exceed a compacted thickness of 6 inches per layer and shall be compacted to a density of 95% of the maximum laboratory dry weight per cubic foot as determined by AASHTO Method T-99 in all areas where structure, parking lots and drives, streets, and utilities are to be placed. All other embankments are to be compacted to at least 85%.
1011.04. Slopes
1.The maximum slopes for cut and/or fill shall be 2:1 (2 feet of horizontal run for each foot of rise or fall), except for the following: earthen dam embankments, rock cuts, where certified by a professional geotechnical engineer, or as discussed in Section 1011.05.
2.Earthen dam embankments shall be 3:1 maximum unless a modification application is approved. The intent of the earthen dam embankment slope regulation is to provide for public safety, soil stability, and dam maintenance considerations. The depth of cut referred to herein shall be the maximum cut or fill that shall be allowed to occur in any one section of cut or fill. The slope of cut or fill shall be uniform throughout for each section of cut or fill unless benching is approved by the Planning and Development Department. When a cut is made in rock that requires blasting, the slope may be steeper if presplitting is employed and upon submission of a geotechnical report which substantiates the integrity of the rock in the steeper condition, subject to the review and approval of the Director. (Note: No blasting shall occur unless a permit has been obtained from the Fire Marshal’s Office.)
1011.05. Soil Stabilization
While most soils in the area can be safely stabilized at a 2:1 slope, some soils exhibit a low shearing resistance and a low cohesiveness. These soils typically are micaceous silts and sandy soils with little or no clay. If the 2:1 slope shows evidence of shearing, non-cohesiveness, sliding, or inability to maintain compaction, the slope shall be stabilized at 3:1 or by using such mechanical methods as needed (such as retaining walls or "grow mats" stapled in place) to maintain slope, height, and integrity.
Division III. Stormwater Culvert and Pipe Drainage System
§ 1012
Purpose
The purpose of Division III of this Article to establish the standards for stormwater conveyance facilities for the protection of public rights-of-way and adjoining private properties. Stormwater conveyance facilities will be designed to carry runoff from more than one parcel, existing or proposed, in a manner that maintains the public health, safety, and environment. In order to reduce flooding, promote adequate drainage, and reduce maintenance certain pipe materials are required depending upon usage and location of pipes. Stormwater conveyance systems may include but are not limited to culverts, storm drainage pipes, catch basins, drop inlets, junction boxes, headwalls, gutter, swales, channels, and ditches.
§ 1013
Standards Incorporated by Reference
The latest edition of the Georgia Stormwater Management Manual, including any relevant local addenda to these manuals, will be utilized as policy, criteria, and information for the proper implementation of the requirements of this code, including technical specifications and standards. The manual may be updated and expanded periodically, based on improvements in science, engineering, monitoring and local maintenance experience.”
The latest edition of the Standard Specifications Construction of Transportation Systems by the Georgia Department of Transportation, including any relevant local addenda to these standards, is hereby incorporated by reference into Division III of this Article.
§ 1014
Standard Specifications
1014.01. Allowable Pipe Materials
1.Reinforced concrete pipe (RCP) is required to be used for stormwater conveyance within the right-of-way or in systems that are intended for dedication to the City of Duluth.
2.RCP is required when pipe slopes are less than 1%.
3.RCP is required when conveying waters of the state.
4.RCP is required for detention ponds/ vault outlet control structures and outlet pipes.
5.Other pipe materials may be used to convey onsite stormwater runoff on private development projects in accordance with the manufacturer’s specifications and Professional Engineer’s design.
6.RCP shall be a minimum of Class III, and shall be provided in joint lengths not more than 8 feet each. All joints shall be bell and spigot or tongue and groove type, with a rubber gasket conforming to ASTM C-443.
Pipe shall be manufactured in accordance with AASHTO M-170 and/or ASTM C-76. Class of pipe and wall thickness shall be in accordance with 1030-D, Georgia DOT specification, Table No.1.
7.All stormwater management pipe systems must use watertight joints.
8.The City may approve an alternative pipe material.
1014.02. Pipes in Dams
1.Only Reinforced Concrete Pipe (RCP) shall be used for all dams 9 feet or more in height with an im-pounding capacity of 20 acre-feet or more unless the Georgia Safe Dams Program requires another material.
§ 1015
Pipe Installation
1015.01. General Installation Requirements
1.All stormwater pipes must be installed correctly with adequate pipe bedding, backfill and storm-water joint techniques. Proper installation practices may be found for the following or through information provided by the manufacturer or certifying engineer:
a.Reinforced Concrete Pipe (RCP) – ASTM C 1479-01
b.Double Walled High-Density Polyethylene (HDPE) – ASTM D 2321
c.Corrugated Double Walled Polyvinyl Chloride (PVC) – ASTM D 2321
d.Corrugated Metal Pipe (CMP) – ASTM A 798
e.Non-Reinforced Concrete Pipe (NRCP) – ASTM C-14
2.Prior to approval of a Final Plat or issuance of a Certificate of Occupancy, the City may require the submittal of a certification from a mandrel testing agency (or similar) indicating that all installed pipe does not exceed 5% deflection. Video condition assessment shall be required by the City on storm drain installations before approval of the Final Plat or issuance of the Certificate of Occupancy. If required, video condition assessment should be done after completion of all activities that may damage the pipe but prior to placement of base, paving or landscaping over or near the pipe. If video condition assessment indicates problems such as pipe deformation, cracking or joint separation, or any structural pipe score higher than a “0” on NASSCO’s PACP (Pipeline assessment and Certification Program) inspection scale, the pipe shall be removed and replaced before approval is granted.
3.The Applicant for a Development Permit shall sign an affidavit at the time of Development Application acknowledging that compaction testing, pipe inspection, and bedding and backfill material analysis (for materials other than Graded Aggregate Base (GAB) or Crusher Run will be completed by the Applicant prior to approval of the Final Plat or issuance of a Certificate of Occupancy. The applicant will certify that they will correct any identified issues prior to approval of the Final Plat or issuance of a Certificate of Occupancy.
4.Applicant will provide an 18-month warranty on the pipe installation from the date of project close-out.
1015.02. Bedding, Structural Backfill and Final Backfill
1.At the time of Development Application the Applicant for a Development Permit shall specify which pipe materials will be used and will identify the bedding and backfill detail that will be used for each pipe.
2.Construction Loads and Minimum Covers. When drainage pipe is installed prior to the completion of grading, a minimum of 4 feet of fill shall be provided where needed to adequately protect the drainage structure during the land development phase, unless the structure itself is designed to withstand the anticipated live load during construction.
3.Junction Boxes and Catch Basins.
a.Catch basins and drop inlets shall be constructed in accordance with GDOT Standards. Junction boxes shall be in accordance with GDOT Standards 1011a or 1011ap. All catch basins and junction boxes in non-traffic areas shall have metal manhole frames and lids. In roadways or areas subject to vehicles, manhole castings shall be in accordance with GDOT Standard 1011a.
b.All junction boxes shall extend to the ground surface. Buried or blind junction boxes are prohibited.
4.Other Structures. Natural bottom arches and box culverts may be used in accordance with the latest Standard Specifications of the Georgia Department of Transportation.
5.Storm Sewer As-Builts. Prior to Final Plat approval or issuance of a Certificate of Occupancy, the Applicant for a Development Permit shall submit a “Storm Sewer As-Built”. The as-built shall show details of compliance with this specification.
§ 1016
Stormwater System Design Criteria
1016.01. General Design Criteria
1.Stormwater conveyance facilities, which may include but are not limited to culverts, storm drainage pipes, catch basins, drop inlets, junction boxes, headwalls, gutters, swales, channels, and ditches, shall be provided for the protection of public rights-of-way and private properties adjoining projects’ sites and/or public rights-of-way. Stormwater conveyance facilities which are designed to carry run-off from more than one parcel, existing or proposed, shall meet the requirements of these regulations.
2.All stormwater conveyance facility design calculations shall be certified by a registered professional engineer and submitted to the City as part of the Stormwater Management Report outlined in Section 1021 of this Code Division.
3.Methods to calculate stormwater flows shall be in accordance with the Georgia Stormwater Management Manual.
4.Runoff curve numbers used for the SCS Method shall be consistent with those shown in the Georgia Stormwater Management Manual.
1016.02. Piped Collection System Design Criteria
1.The preliminary design (initial pipe sizing and profile design) of piped collection systems required under Section 1016.01(1) herein shall be based upon conveyance of the peak flows associated with a fully developed 25-year storm with the hydraulic grade line (HGL) being one foot or more below the top of each structure, gutter line or proposed final ground surface elevation, whichever is lowest.
2.Once the preliminary design of a piped collection system has been prepared, it shall be analyzed for its behavior during conditions of 100-year flow, with the objective of this analysis being to ascertain the quantities of flow and flow paths followed by flows exceeding the capacity of the system, whether these pond at inlets or flow along the ground's surface.
3.Based on the analysis of 100-year conditions, the preliminary design shall be revised where necessary to produce a final design for which the likelihood of dwelling flooding, major property damage, or substantial public access and/or utility interruption shall be less than one chance in 100 years.
4.The minimum allowable pipe diameter shall be 15 inches.
5.Catch basins shall be spaced so that the spread in the street for a 10-year design flow shall not exceed half the outside travel lane, as measured from the face of the curb. Gutter spread calculations shall be submitted to the City for review and approval prior to issuance of a Development Permit.
6.Complete flow, velocity, and hydraulic grade line computations shall be provided for all portions of a piped collection system. Hydraulic grade lines shall be shown on the storm drainage profiles and associated calculations shall be submitted for the 25-year storm with the Development Plans.
1016.03. Culvert Design Criteria
1.Culverts or pipe systems designed to convey water from one side of a public right-of-way to the other shall be designed to pass the fully developed peak flow associated with a 100-year storm with at least 1.5 feet of freeboard between the 100-year ponding elevation and the centerline of the road, without raising the 100-year flood elevation on upstream properties, and in accordance with Flood-plain Management Ordinance. Fully developed flows shall be based on the Land Use Plan adopted by the City Council.
2.The 100-year ponding limits at and upstream of the culvert shall be shown on the Development Plans and on the Final Plat (if applicable).
3.The minimum allowable culvert diameter under a road shall be 18 inches.
4.Single barrel or single cell culvert structures should be used whenever feasible, as they are less prone to clogging and require less maintenance than multi-barrel or multi-cell structures.
5.The maximum velocity in a corrugated metal culvert for the 100-year flow shall be 15 fps (feet per second). Velocities over 10 fps in a pipe of any material shall be considered a special design, with particular attention required to pipe or structure invert protection and to fill slope, stream bed, and stream bank stability being required.
6.Culvert design is to be in accordance with the methods contained in the Georgia Stormwater Management Manual and shall include a thorough analysis of both inlet and outlet control conditions.
1016.04. Energy Dissipation Design for Piped Systems and Culverts
1.The maximum developed condition flow velocity at the project site's downstream property line adjoining another property shall not exceed the maximum pre-developed condition’s velocity. Calculations may be required to support this velocity standard on a case-by-case basis.
2.Energy dissipation devices, such as splash pads, rip-rap, stilling basins, etc., shall be provided at the outlet of every culvert and piped collection system. Velocity protection shall be in accordance with the Georgia Stormwater Management Manual. Velocities for the fully developed 25-year flow shall not exceed the non-erosive velocity as shown in the Georgia Stormwater Management Manual for the receiving conveyance. Details and all calculations must be submitted with the Development Plans.
3.Energy dissipation devices shall be located entirely within the project site and shall not encroach upon any required buffer.
4.When uniform, graded stone rip-rap is used for energy dissipation, ultraviolet resistant filter fabric (200-pound test) shall be used between the stone layers.
1016.05. Discharge of Concentrated Flows
1.The discharge of concentrated flows of stormwater into public roadways shall be avoided. In no case shall such concentrated flows, including flows from swales, ditches, draws, driveways, or piped systems, exceed the allowable peak flow rates.
2.In residential subdivisions, the drainage area contributing to the peak flow rate along any property line between lots within 50 feet of the building setback line for either lot shall not exceed two acres, unless contained within a piped drainage system or maintained in a natural watercourse. The stormwater conveyance shall be in a drainage easement.
1016.06. Surface Drainage Design Standards
1.All new proposed channels shall be designed to carry at least the fully developed 25-year storm with freeboard equal to 20% of the design flow depth.
2.Transition channels shall be provided at the inlet and outlet ends of all culverts and pipe systems, unless otherwise provided herein.
3.The maximum flow velocity at the project site's downstream property line shall not exceed the predeveloped velocity.
4.In cases of potential erosion due to irregular channel alignment, extreme velocities, or excessive slopes, a paved ditch may be required. However, if, in the opinion of the City, the expected long-term maintenance of a surface drainage system could prove impractical, a pipe design may be required.
5.The cross-sectional shape of channels shall be as found in the Gwinnett County Standard Drawings. "V"
shaped cross-sections are not permitted in grassed channels.
6.If the channel will be affected by backwater from culverts, bridges, other structures or floodplains, backwater curves shall be shown in profiles of the channel.
7.All channels, must be capable of conveying sufficient flows to ensure that overflow of the channel would not result in a likelihood of dwelling flooding, property damage or public access and/or utility interruption being greater than one chance in 100 years.
8.Channels shall be designed to carry the fully developed 25-year flow in accordance with the Georgia Stormwater Management Manual.
1016.07. Surface Drainage Construction Standards
1.The channel shall be shaped to the dimensions specified on the approved plans and shall be free of overfalls, gullies, or other irregularities.
2.Channels in fills shall be lined.
3.Protective cover in grassed channels shall be installed immediately after the earthwork is completed.
Division IV. Post-Development Stormwater Management
§ 1017
Purpose and Intent
The purpose of this article is to protect, maintain and enhance the public health, safety, environment and general welfare by establishing minimum requirements and procedures to control the adverse effects of increased post-construction stormwater runoff and nonpoint source pollution associated with new development and redevelopment. Proper management of post-construction stormwater runoff will minimize damage to public and private property and infrastructure, safeguard the public health, safety, environment and general welfare of the public, and protect water and aquatic resources. Additionally, the City of Duluth is required to comply with several State and Federal laws, regulations and permits and the requirements of the Metropolitan North Georgia Water Planning District’s regional water plan related to managing the water quantity, velocity, and quality of post-construction stormwater runoff.
§ 1018
Standards Incorporated by Reference and Adoption and
Implementation of the GSMM; Conflicts and Inconsistencies
1018.01. Standards Incorporated by Reference
The latest edition of the Georgia Stormwater Management Manual, including any relevant local addenda to the manual, will be utilized as policy, criteria, and information for the proper implementation of the requirements of this code, including technical specifications and standards. These manuals may be updated and expanded periodically, based on improvements in science, engineering, monitoring and local maintenance experience.
The latest edition of the Standard Specifications Construction of Transportation Systems by the Georgia Department of Transportation, including any relevant local addenda to these standards, is hereby incorporated by reference into Division V of this Development Code.
1018.02. Adoption and Implementation of the GSMM; Conflicts and Inconsistencies
1.In implementing this Article, the City of Duluth shall use and require compliance with all relevant design standards, calculations, formulas, methods, and other guidance from the GSMM as well as all related appendices.
2.This Article is not intended to modify or repeal any other Article, ordinance, rule, regulation or other provision of law, including but not limited to any applicable stream buffers under state and local laws, and the Georgia Safe Dams Act and Rules for Dam Safety. In the event of any conflict or inconsistency between any provision in the City of Duluth’s MS4 permit and this Article, the provision from the MS4 permit shall control. In the event of any conflict or inconsistency between any provision of this Article and the GSMM, the most stringent of the two shall control. In the event of any other conflict or inconsistency between any provision of this Article and any other ordinance, rule, regulation or other provision of law, the provision that is more restrictive or imposes higher protective standards for human health or the environment shall control.
3.If any provision of this Article is invalidated by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of this Article.
§ 1019
Definitions
See Article 14 Interpretation and Definitions for definitions that relate to this section.
§ 1020
Designation of Administrator, Applicability Criteria for Stormwater
Management Standards, and Exemptions from Stormwater Management Standards
1020.01. Designation of Administrator
The City Manager may from time to time appoint someone to administer and implement this Article.
1020.02. Applicability Criteria for Stormwater Management Standards
This Article applies to the following activities:
1.New development that creates or adds 5,000 square feet or greater of new impervious surface area or that involves land disturbing activity of 1 acre of land or greater;
2.Redevelopment (excluding routine maintenance and exterior remodeling) that creates, adds, or replaces 5,000 square feet or greater of new impervious surface area or that involves land disturbing activity of 1 acre or more;
3.New development and redevelopment if such new development or redevelopment is part of a subdivision or other common plan of development, and the sum of all associated impervious surface area or land disturbing activities that are being developed as part of such subdivision or other common plan of development meets or exceeds the threshold in (1) and (2) above;
4.Any commercial or industrial new development or redevelopment, regardless of size, that is a hotspot land use as defined in this Article; and
5.Linear transportation projects that exceed the threshold in (1) or (2) above.
1020.03. Exemptions from Stormwater Management Standards
This Article does not apply to the following activities:
1.Land disturbing activity conducted by local, state, authority, or federal agencies, solely to respond to an emergency need to protect life, limb, or property or conduct emergency repairs;
2.Land disturbing activity that consists solely of cutting a trench for utility work and related pavement replacement;
3.Land disturbing activity conducted by local, state, authority, or federal agencies, whose sole purpose is to implement stormwater management or environmental restoration;
4.Repairs to any stormwater management system deemed necessary by the administrator;
5.Agricultural practices as described O.C.G.A. 12-7-17(5) within areas zoned for these activities with the exception of buildings or permanent structures that exceed the threshold in [Y]-5 (1) or (2);
6.Silvicultural land management activities as described O.C.G.A. 12-7-17(6) within areas zoned for these activities with the exception of buildings or permanent structures that exceed the threshold in [Y]-5 (1) or (2);
7.Installations or modifications to existing structures solely to implement Americans with Disabilities Act
(ADA)requirements, including but not limited to elevator shafts, handicapped access ramps and parking, and enlarged entrances or exits; and
8.Linear transportation projects being constructed by the City of Duluth to the extent the administrator determines that the stormwater management standards may be infeasible to apply, all or in part, for any portion of the linear transportation project. For this exemption to apply, an infeasibility report that is compliant with the City of Duluth’s linear feasibility program shall first be submitted to the administrator that contains adequate documentation to support the evaluation for the applicable portion(s) and any resulting infeasibility determination, if any, by the administrator.
§ 1021
Stormwater Management Standards
Subject to the applicability criteria in Section 1020.02 and exemptions in Section 1020.03, the following stormwater management standards apply. Additional details for each standard can be found in the GSMM Section 2.2.2.2:
1.Design of Stormwater Management System: The design of the stormwater management system shall be in accordance with the applicable sections of the GSMM as directed by the Administrator. Any design which proposes a dam shall comply with the Georgia Safe Dams Act and Rules for Dam Safety as applicable.
2.Natural Resources Inventory: Site reconnaissance and surveying techniques shall be used to complete a thorough assessment of existing natural resources, both terrestrial and aquatic, found on the site.
Resources to be identified, mapped, and shown on the Stormwater Management Plan, shall include, at a minimum (as applicable):
a.Topography (minimum of 2-foot contours) and Steep Slopes (i.e., Areas with Slopes Greater Than 15%),
b.Natural Drainage Divides and Patterns,
c.Natural Drainage Features (e.g., swales, basins, depressional areas),
d.Natural feature protection and conservation areas such as wetlands, lakes, ponds, floodplains, stream buffers, drinking water wellhead protection areas and river corridors,
e.Predominant soils (including erodible soils and karst areas), and
f.Existing predominant vegetation including trees, high quality habitat and other existing vegetation.
3.Better Site Design Practices for Stormwater Management: Stormwater management plans shall preserve the natural drainage and natural treatment systems and reduce the generation of additional stormwater runoff and pollutants to the maximum extent practicable. Additional details can be found in the GSMM Section 2.3.
4.Stormwater Runoff Quality/Reduction: Stormwater Runoff Quality/Reduction shall be provided by using the following:
a.For development with a stormwater management plan, the applicant shall choose (A) Runoff Reduction and additional water quality shall not be required. To the extent (iA) Runoff Reduction has been determined to be infeasible for all or a portion of the site using the Practicability Policy, then (iiB) Water Quality shall apply for the remaining runoff from a 1.2 inch rainfall event and must be treated to remove at least 80% of the calculated average annual post-development total suspended solids (TSS) load or equivalent as defined in the GSMM.
i.Runoff Reduction - The stormwater management system shall be designed to retain the first 1.0 inch of rainfall on the site using runoff reduction methods, to the maximum extent practicable.
ii.Water Quality – The stormwater management system shall be designed to remove at least 80% of the calculated average annual post-development total suspended solids
(TSS)load or equivalent as defined in the GSMM for runoff from a 1.2 inch rainfall event.
b.If a site is determined to be a hotspot as detailed in Section 1020.02, the City of Duluth may require the use of specific or additional components for the stormwater management system to address pollutants of concern generated by that site.
5.Stream Channel Protection: Stream channel protection shall be provided by using all of the following three approaches:
a.24-hour extended detention storage of the 1-year, 24-hour return frequency storm event;
b.Erosion prevention measures, such as energy dissipation and velocity control; and
c.Preservation of any applicable stream buffer.
6.Overbank Flood Protection: Downstream overbank flood protection shall be provided by controlling the post-development peak discharge rate to the pre-development rate for the 25-year, 24-hour storm event.
7.Extreme Flood Protection: Extreme flood protection shall be provided by controlling the 100-year, 24-hour storm event such that flooding is not exacerbated.
8.Downstream Analysis: Due to peak flow timing and runoff volume effects, some structural components of the stormwater management system fail to reduce discharge peaks to pre-development levels downstream from the site. A downstream peak flow analysis shall be provided to the point in the watershed downstream of the site or the stormwater management system where the area of the site comprises 10% of the total drainage area in accordance with Section 3.1.9 of the GSMM. This is to help ensure that there are minimal downstream impacts from development on the site. The downstream analysis may result in the need to resize structural components of the stormwater management system.
9.Stormwater Management System Inspection and Maintenance: The components of the stormwater management system that will not be dedicated to and accepted by the City of Duluth, including all drainage facilities, best management practices, credited conservation spaces, and conveyance systems, shall have an inspection and maintenance agreement to ensure that they continue to function as designed. All new development and redevelopment sites are to prepare a comprehensive inspection and maintenance agreement for the on-site stormwater management system. This plan shall be written in accordance with the requirements in Section 1024.02.
§ 1022
Pre-Submittal Meeting, Stormwater Concept Plan, and Stormwater
Management Plan Requirements
1.Before a land development permit application is submitted, an applicant may request a pre-submittal meeting with the City of Duluth. The pre-submittal meeting should take place based on an early step in the development process such as before site analysis and inventory (GSMM Section 2.4.2.4) or the stormwater concept plan (GSMM Section 2.4.2.5). The purpose of the pre-submittal meeting is to discuss opportunities, constraints, and ideas for the stormwater management system before formal site design engineering. To the extent applicable, local and regional watershed plans, greenspace plans, trails and greenway plans, and other resource protection plans should be consulted in the pre-submittal meeting.
Applicants must request a pre-submittal meeting with the City of Duluth when applying for a Determination of Infeasibility through the Practicability Policy.
2.The stormwater concept plan shall be prepared using the minimum following steps:
a.Develop the site layout using better site design techniques, as applicable (GSMM Section 2.3).
b.Calculate preliminary estimates of the unified stormwater sizing criteria requirements for stormwater runoff quality/reduction, channel protection, overbank flooding protection and extreme flood protection (GSMM Section 2.2).
c.Perform screening and preliminary selection of appropriate best management practices and identification of potential siting locations (GSMM Section 4.1).
3.The stormwater concept plan shall contain:
a.Common address and legal description of the site,
b.Vicinity map, and
c.Existing conditions and proposed site layout mapping and plans (recommended scale of 1” = 50’), which illustrate at a minimum:
i.Existing and proposed topography (minimum of 2-foot contours),
ii.Perennial and intermittent streams,
iii.Mapping of predominant soils from USDA soil surveys,
iv.Boundaries of existing predominant vegetation and proposed limits of clearing and grading,
v.Location and boundaries of other natural feature protection and conservation areas such as wetlands, lakes, ponds, floodplains, stream buffers and other setbacks (e.g., drinking water well setbacks, septic setbacks, etc.),
vi.Location of existing and proposed roads, buildings, parking areas and other impervious surfaces,
vii.Existing and proposed utilities (e.g., water, sewer, gas, electric) and easements,
viii.Preliminary estimates of unified stormwater sizing criteria requirements,
ix.Preliminary selection and location, size, and limits of disturbance of proposed BMPs,
x.Location of existing and proposed conveyance systems such as grass channels, swales, and storm drains,
xi.Flow paths,
xii.Location of the boundaries of the base flood floodplain, future-conditions floodplain, and the floodway (as applicable) and relationship of site to upstream and downstream properties and drainage, and
xiii.Preliminary location and dimensions of proposed channel modifications, such as bridge or culvert crossings.
4.The stormwater management plan shall contain the items listed in this part and be prepared under the direct supervisory control of either a registered Professional Engineer or a registered Landscape Architect licensed in the state of Georgia. Items (iii), (iv), (v), and (vi) shall be sealed and signed by a registered Professional Engineer licensed in the state of Georgia. The overall site plan must be stamped by a design professional licensed in the State of Georgia for such purpose. (GSMM Section 2.4.2.7)
a.Natural Resources Inventory
b.Stormwater Concept Plan
c.Existing Conditions Hydrologic Analysis
d.Post-Development Hydrologic Analysis
e.Stormwater Management System
f.Downstream Analysis
g.Erosion and Sedimentation Control Plan
h.BMP Landscaping Plan
i.Inspection and Maintenance Agreement
j.Evidence of Acquisition of Applicable Local and Non-Local Permits
k.Determination of Infeasibility (if applicable)
l.Construction Sequencing Plan
5.For redevelopment and to the extent existing stormwater management structures are being used to meet stormwater management standards, the following must also be included in the stormwater management plan for existing stormwater management structures
a.As-built Drawings
b.Hydrology Reports
c.Current inspection of existing stormwater management structures with deficiencies noted
d.BMP Landscaping Plans
§ 1023
Application Fee, Application Procedures, and Compliance with the
Approved Stormwater Management Plan
1023.01. Application Fee
The fee for reviewing any land development application shall be based on the fee structure established by the City of Duluth, and payment shall be made before the issuance of any land disturbance permit or building permit for the development.
1023.02. Application Procedures
Land development applications are handled as part of the process to obtain the land disturbance permit pursuant to the Duluth Unified Development Code or building permit pursuant the Duluth Building Code, as applicable.
Before any person begins development on a site, the owner of the site shall first obtain approval in accordance with the following procedure:
1.File a land development application with the City of Duluth on the City of Duluth’s form of application with the following supporting materials:
a.The stormwater management plan prepared in accordance with Section 1022(4),
i.A certification that the development will be performed in accordance with the stormwater management plan once approved,
ii.A Preliminary Determination of Infeasibility, as applicable, prepared in accordance with the practicality policy, and
iii.An acknowledgment that the applicant has reviewed the City of Duluth’s form of inspection and maintenance agreement and that applicant agrees to sign and record such inspection and maintenance agreement before the final inspection.
2.The administrator shall inform the applicant whether the application and supporting materials are approved or disapproved.
3.If the application or supporting materials are disapproved, the administrator shall notify the applicant of such fact in writing. The applicant may then revise any item not meeting the requirements hereof and resubmit the same for the administrator to again consider and either approve or disapprove.
4.If the application and supporting materials are approved, the City of Duluth may issue the associated land disturbance permit or building permit, provided all other legal requirements for the issuance of such permits have been met. The stormwater management plan included in such applications becomes the approved stormwater management plan.
1023.03. Compliance with the Approved Stormwater Management Plan
All development shall be:
1.consistent with the approved stormwater management plan and all applicable land disturbance and building permits, and
2.conducted only within the area specified in the approved stormwater management plan.
a.No changes may be made to an approved stormwater management plan without review and advanced written approval by the administrator.
1023.04. Inspections to Ensure Plan Compliance During Construction
Periodic inspections of the stormwater management system during construction shall be conducted by the staff of the City of Duluth or conducted and certified by a professional engineer who has been approved by the City of Duluth. Inspections shall use the approved stormwater management plan and the construction sequencing plan for establishing compliance. All inspections shall be documented with written reports that contain the following information:
1.The date and location of the inspection;
a.Whether the stormwater management system is in compliance with the approved stormwater management plan;
b.Variations from the approved stormwater management plan; and
c.Any other variations or violations of the conditions of the approved stormwater management plan.
1023.05. Final Inspection; As-Built Drawings; Delivery of Inspection and Maintenance Agreement
Upon completion of the development, the applicant is responsible for:
1.Certifying that the stormwater management system is functioning properly and was constructed in conformance with the approved stormwater management plan and associated hydrologic analysis,
a.Submitting as-built drawings showing the final design specifications for all components of the stormwater management system as certified by a professional engineer,
b.Certifying that the landscaping is established and installed in conformance with the BMP landscaping plan, and
c.Delivering to the City of Duluth a signed inspection and maintenance agreement that has been recorded by the owner in the property record for all parcel(s) that make up the site.
The required certification under part (a) shall include a certification of volume, or other performance test applicable to the type of stormwater management system component, to ensure each component is functioning as designed and built according to the design specifications in the approved stormwater management plan. This certification and the required performance tests shall be performed by a qualified person and submitted to the City of Duluth with the request for a final inspection. The City of Duluth shall perform a final inspection with applicant to confirm applicant has fulfilled these responsibilities.
1023.06. Violations and Enforcement
Any violation of the approved stormwater management plan during construction, failure to submit as-built drawings, failure to submit a final BMP landscaping plan, or failure of the final inspection shall constitute and be addressed as violations of, or failures to comply with, the underlying land disturbance permit pursuant to the Duluth Unified Development Code or the underlying building permit pursuant to the Duluth Building Code. To address a violation of this Article, the City of Duluth shall have all the powers and remedies that are available to it for other violations of building and land disturbance permits, including without limitation the right to issue notices and orders to ensure compliance, stop work orders, and penalties as set forth in the applicable ordinances for such permits.
§ 1024
Ongoing Inspection and Maintenance of Stormwater Facilities and
Practices
1024.01. Maintenance by Owner of Stormwater Management Systems Predating Current GSMM
For any stormwater management systems approved and built based on requirements predating the current GSMM and that is not otherwise subject to an inspection and maintenance agreement, such stormwater management systems shall be maintained by the owner so that the stormwater management systems perform as they were originally designed.
1024.02. Inspection and Maintenance Agreements
1.The owner shall execute an inspection and maintenance agreement with the City of Duluth obligating the owner to inspect, clean, maintain, and repair the stormwater management system; including vegetation in the final BMP landscaping plan. The form of the inspection and maintenance agreement shall be the form provided by the City of Duluth. After the inspection and maintenance agreement has been signed by the owner and the City of Duluth, the owner shall promptly record such agreement at the owner’s cost in the property record for all parcel(s) that make up the site.
2.The inspection and maintenance agreement shall identify by name or official title the person(s) serving as the point of contact for carrying out the owner’s obligations under the inspection and maintenance agreement. The owner shall update the point of contact from time to time as needed and upon request by the City of Duluth. Upon any sale or transfer of the site, the new owner shall notify the City of Duluth in writing within 30 days of the name or official title of new person(s) serving as the point of contact for the new owner. Any failure of an owner to keep the point of contact up to date shall, following 30 days’
notice, constitute a failure to maintain the stormwater management system.
3.The inspection and maintenance agreement shall run with the land and bind all future successors-in-title of the site. If there is a future sale or transfer of only a portion of the site, then:
a.The parties to such sale or transfer may enter into and record an assignment agreement designating the owner responsible for each portion of the site and associated obligations under the inspection and maintenance agreement. The parties shall record and provide written notice and a copy of such assignment agreement to the City of Duluth.
b.In the absence of a recorded assignment agreement, all owners of the site shall be jointly and severally liable for all obligations under the inspection and maintenance agreement regardless of what portion of the site they own.
1024.03. Right of Entry for Maintenance Inspections
The terms of the inspection and maintenance agreement shall provide for the City of Duluth’s right of entry for maintenance inspections and other specified purposes. If a site was developed before the requirement to have an inspection and maintenance agreement or an inspection and maintenance agreement was for any reason not entered into, recorded, or has otherwise been invalidated or deemed insufficient, then the City of Duluth shall have the right to enter and make inspections pursuant to the City of Duluth’s general provisions for property maintenance inspections pursuant to the City of Duluth Municipal Code.
1024.04. Owner’s Failure to Maintain the Stormwater Management System
The terms of the inspection and maintenance agreement shall provide for what constitutes a failure to maintain a stormwater management system and the enforcement options available to the City of Duluth. If a site was developed before the requirement to have an inspection and maintenance agreement or an inspection and maintenance agreement was for any reason not entered into, recorded, or has otherwise been invalidated or deemed insufficient, then:
1.An owner’s failure to maintain the stormwater management system so that it performs as it was originally designed shall constitute and be addressed as a violation of, or failure to comply with, owner’s property maintenance obligations pursuant to the Duluth Municipal Code and
a.To address such a failure to maintain the stormwater management system, the City of Duluth shall have all the powers and remedies that are available to it for other violations of an owner’s property maintenance obligations, including without limitation prosecution, penalties, abatement, and emergency measures.
Division V. Illicit Discharge and Illegal Connection
§ 1025
Purpose and Intent
1.The purpose of this Division V of this Article is to protect the public health, safety, environment and general welfare through: the regulation of non-stormwater discharges to the city separate storm sewer system to the maximum extent practicable as required by federal and state law; establishing minimum requirements and procedures to control the adverse effects of increased post-development stormwater runoff and nonpoint source pollution associated with new development and redevelopment; and establishing methods for controlling the introduction of non-stormwater discharges into the city separate storm sewer system in order to comply with requirements of the national pollutant discharge elimination system (NPDES) permit process. It has been determined that proper management of post-development stormwater runoff will minimize damage to public and private property and infrastructure, safeguard the public health, safety, environment and general welfare of the public, and protect water and aquatic resources.
2.The objectives of Division V of this Article are to:
a.Comply with all state department of natural resources (DNR) and federal Environmental Protection Agency (EPA) stormwater regulations developed pursuant to the Clean Water Act;
b.Prohibit illicit discharges and illegal connections to the city separate storm sewer system;
c.Prevent non-stormwater discharges, generated as a result of spills, inappropriate dumping or disposal, to the city separate storm sewer system;
d.Establish decision-making processes surrounding land development activities that protect the integrity of the watershed and preserve the health of water resources;
e.Require that new development and redevelopment maintain the pre-development hydrologic response in their post-development state as nearly as practicable in order to reduce flooding, streambank erosion, nonpoint source pollution and increases in stream temperature, and maintain the integrity of stream channels and aquatic habitats;
f.Establish design and application criteria for the construction and use of structural stormwater control facilities that can be used to meet the minimum post-development stormwater management standards;
g.Encourage the use of nonstructural stormwater management and stormwater better site design practices, such as the preservation of greenspace and other conservation areas, to the maximum extent practicable; and
h.To establish legal authority to carry out all inspection, surveillance, monitoring and enforcement procedures necessary to ensure compliance with this Code Division.
§ 1026
Definitions Related to Illicit Discharge and Illegal Connection
See Article 14 Interpretation and Definitions for definitions that relate to Illicit Discharge and Illegal Connection.
§ 1027
Applicability
Division V of this Article shall apply throughout the incorporated area of the City of Duluth. The City may enter into agreements with other municipalities to carry out the purpose of this Code Division. These agreements may include, but are not limited to, enforcement of provisions, resolution of disputes, and cooperative monitoring and management of the separate storm sewer system and management programs.
§ 1028
Illicit Non-Stormwater Discharge and Illicit Connection
1028.01. Prohibitions
1.Prohibition of Illicit Discharges.
a.It shall be a violation of this Code Division for any person to throw, drain, or otherwise discharge, cause, or allow others under its control to throw, drain, or otherwise discharge into the city separate storm sewer system anything other than stormwater.
b.Discharges from the following sources are exempt from the prohibition provision in subsection
(1)above:
i.Water line flushing performed by a government agency, other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, natural riparian habitat or wetland flows, and any other water source not containing pollutants.
ii.Discharges or flows from firefighting and other discharges specified in writing by the City as being necessary to protect public health and safety.
2.Prohibition of Illegal Connections.
a.It shall be a violation of this Code Division for any person to construct, connect, use, maintain, or suffer or allow the continued existence of any illegal connection to the city separate storm sewer system.
b.Illegal connections must be disconnected. The department may require that illegal connections be disconnected and redirected, if necessary, to an approved on-site sewage management system or the sanitary sewer system. Such redirected connections must be approved by the agency responsible for administering and operating those systems.
c.The department may require any underground or above ground pipe, drain or other conduit, that has not been documented in plans, maps or equivalent, and which may be connected to the city's separate storm sewer system, to be located by the owner or occupant of that property upon receipt of written notice from the department. Such notice will specify a reasonable time period within which the location of the drain or conveyance is to be completed, that the drain or conveyance be identified as storm sewer, sanitary sewer or other, and that the outfall location or point of connection to the storm sewer system, sanitary sewer system or other discharge point be identified. Results of these investigations are to be documented and provided to the department. Failure to comply with the terms of the written notice mentioned within this sub-section shall constitute a violation of this Code Division.
1028.02. Industrial or Construction Activity Discharges
1.Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit.
2.Proof of compliance with said permit may be required in a form acceptable to the City prior to allowing discharges to the city separate storm sewer system.
1028.03. Access and Inspection of Properties and Facilities
1.Access and Inspection.
a.If a property or facility has security measures in force, which require proper identification and clearance before entry into its premises, the owner or operator shall make the necessary arrangements to allow access to the Director or his/her designee.
b.The owner or operator shall allow the Director or his/her designee ready access to all parts of the premises for the purposes of inspection, investigation, observation, monitoring, measurement, recording, enforcement, sampling and testing, photography and videotaping for the purpose of ensuring compliance with the provisions of this article. The owner or operator shall allow the Director or his/her designee to examine and copy any records that are required under the conditions of an NPDES permit. The Director or his/her designee shall duly notify the owner of said property or the representative on site, except in the case of an emergency.
c.The Director or his/her designee shall have the right to set up on any premises, property or facility such devices as are necessary in the opinion of the department to conduct monitoring and/or sampling of discharges.
d.The Director or his/her designee may require the owner or operator to install monitoring equipment and perform monitoring as necessary and make the monitoring data available to the department. This sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the owner or operator at his/her own expense. All devices used to measure flow and quality shall be calibrated to ensure their accuracy. Measurements, tests and analyses performed shall be completed in accordance with 40 CFR Part 136, unless the Director approves another method.
e.Any temporary or permanent obstruction to safe and easy access to the premises, property or facility to be inspected and/or sampled shall be promptly removed by the owner or operator at the written or oral request of the Director or his/her designee and shall not be replaced. The costs of clearing such access shall be borne by the owner or operator.
f.Unreasonable delays in allowing the Director or his/her designee access to a facility, property or premises shall constitute a violation of this Code Division.
g.If the Director or his/her designee has been refused access to any part of a premises, property or facility from which stormwater is or would likely be discharged, and the Director or his/her designee is able to demonstrate probable cause to believe that there may be a violation of this Code Division, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this Code Division or any order issued hereunder, or to protect the overall public health, safety, environment and welfare of the community, then the department may seek issuance of a search warrant from any court of competent jurisdiction.
2.Schedule. The Director or his/her designee may determine inspection schedules necessary to enforce the provisions of this Code Division.
1028.04. Notification of Accidental Discharges and Spills
1.Notwithstanding other requirements of law, as soon as any person responsible for a facility, activity or operation, or responsible for emergency response for a facility, activity or operation has information of any known or suspected release of non-stormwater from that facility or operation which is resulting or may result in a discharge of that non-stormwater into the city separate storm sewer system, state waters, or waters of the United States, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release so as to minimize the effects of the discharge.
2.Said person shall notify the department by phone, facsimile or in person within 24 hours of discovering the discharge. Such notification shall detail the nature, quantity and time of occurrence of the discharge.
Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the department within three business days of the phone or in person notice. If the discharge emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. Said person shall also take immediate steps to ensure no recurrence of the discharge or spill.
3.In the event of such a release of hazardous materials, emergency response agencies and/or other appropriate agencies shall be immediately notified.
4.Failure to provide notification of a release or discharge as provided above is a violation of this Code Division.
1028.05. Violations, Enforcement and Penalties
1.Violations.
a.It shall be a violation of this Code Division for any person to violate any provision or fail to comply with any of the requirements of this Code Division. Any person who has violated or continues to violate the provisions of this Code Division may be subject to the enforcement actions outlined in this Section 1028.05. Each day of noncompliance is considered a separate offense. The department may institute appropriate action or proceedings at law or equity for the enforcement of this Code Division. Any court of competent jurisdiction may have the right to issue restraining orders, temporary or permanent injunctions, and other appropriate forms of remedy or relief. Nothing herein contained shall prevent the department from taking such other lawful action as is necessary to prevent or remedy any violation, including application for injunctive relief.
b.In the event the violation constitutes an immediate danger to public health or public safety, the department has the right but not the duty, to enter upon the subject private property or premises, without giving prior notice, and take any and all measures necessary to abate the violation and/or restore the property. The department is authorized to seek costs of the abatement as outlined in Section 1028.07.
2.Notice of Violation. Whenever the department finds that a violation of this Code Division has occurred, the department may order compliance by written notice of violation.
a.The notice of violation shall contain:
i.The name and address of the alleged violator;
ii.The address when available or a description of the building, structure, premises or land upon which the violation is occurring, or has occurred;
iii.A statement specifying the nature of the violation;
iv.A description of the remedial measures necessary to restore compliance with this article and a time schedule for the completion of such remedial action;
v.A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed; and
vi.A statement that the determination of violation may be appealed to the department by filing a written notice of appeal within 30 days of service of notice of violation.
b.Such notice of violation may require without limitation:
i.The performance of monitoring, analysis, and reporting;
ii.The elimination of illicit discharges and illegal connections;
iii.That violations of this article shall cease and desist;
iv.The abatement of non-stormwater discharges, the remediation of land or the effects of pollution, and the restoration of any affected property to its unaffected condition;
v.Payment of costs to cover administrative and abatement costs; and,
vi.The implementation of pollution prevention practices; and
vii.The development and provision to the department of written remediation or action plans; and
viii.The development and provision to the department of documents showing the location and discharge points of conveyances, pipes, channels, or drains; and
ix.Any other actions that will lead to the remedy of a condition of violation of this Code Division.
3.Appeal of Notice of Violation. Any person receiving a notice of violation may appeal the determination of the Director or his/her designee. The notice of appeal must be received by the department within 30 days from the date of the notice of violation. Hearing on the appeal before the Director shall take place within 15 days from the date of receipt of the notice of appeal. The decision of the Director shall be final.
1028.06. Enforcement Measures
1.If the violation has not been corrected pursuant to the requirements set forth in the notice of violation or, in the event of an appeal, within three days of the decision of the Director upholding the decision of the Director or his/her designee, then, in addition to any other remedies that may be available, representatives of the department or its contractors may enter upon the subject private premises, property or facility, where they are then authorized to take any and all actions or measures necessary to abate the violation and/or restore the property. Such measures or actions shall include but not be limited to repairs, maintenance, containment, cleanup and remediation.
2.It shall be a violation of this Code Division for any person, owner, agent or person in possession of any premises, property or facility to refuse to allow the department or designated contractor to enter upon the premises for the purposes set forth in Section 1028.06(1).
1028.07. Costs of Abatement of the Violation
Within ten working days after abatement of the violation by the department or its contractors, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the assessment or to the amount of the assessment within ten working days of such notice. If the amount due is not paid within 30 days after receipt of the notice, or if an appeal is taken, within 30 days after a decision on said appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. Any person violating any of the provisions of this Code Division shall become liable to the City by reason of such violation.
1028.08. Criminal Penalties
For violations of this Code Division, the department may issue a citation to the alleged violator requiring such person to appear in a court of competent jurisdiction to answer charges for such violation. Upon conviction, such person shall be punished by a fine not to exceed $2,500.00 or imprisonment for 60 days or both. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.
1028.09. Violations Deemed a Public Nuisance
In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this Code Division is a threat to public health, safety, welfare, and environment and is declared and deemed a nuisance, and may be abated by injunctive or other equitable relief as provided by law.
1028.10. Remedies Not Exclusive
1.The remedies listed in this Code Division are not exclusive of any other remedies available under any applicable federal, state or local law and the department may seek cumulative remedies.
2.The department may recover attorney's fees, court costs, and other expenses associated with enforcement of this Code Division, including sampling and monitoring expenses. If the amount due is not paid within 30 days after receipt of a notice requiring payment of such costs, or if an appeal is taken, within 30 days after a decision on said appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment.
1028.11. Waiver Circumstances
1.Standards for Approval. The Director or his/her designee may grant a waiver from the requirements of this Code Division if exceptional circumstances applicable to a site or premises exist such that strict adherence to the provisions of this Code Division will result in unnecessary hardship and will not fulfill the intent of the Code Division. Specifically, such waivers may be granted in such individual cases of unnecessary hardship upon a finding by the Director or his/her designee that:
a.There are extraordinary and exceptional conditions pertaining to the particular site in question;
and
b.The waiver is the minimum necessary, considering the impact on upstream and downstream properties; and
c.The application of the Code Division to this particular site would create an unnecessary hardship;
and
d.Such conditions are peculiar to the particular site involved; and
e.Such conditions are not the result of any actions of the site owner; and
f.Relief, if granted, would not cause substantial detriment to the public good nor impair the purposes or intent of this Code Division; and
g.No variance may be granted for a site for any discharge that is prohibited by this Code Division or which would result in a deterioration of quality of stormwater from a site greater than would otherwise be allowed if no variance were involved.
2.Waiver Procedures.
a.A written request for a waiver shall be required and shall state the specific waiver sought and the reasons, with supporting data, that a waiver should be granted. The request shall include all information necessary to evaluate the proposed wavier.
b.The Director or his/her designee will conduct a review of the request for a waiver within 30 working days of receiving the request.