2011-47

ORDINANCE MAKING NECESSARY MODIFICTIONS TO THE MARION CITY CODE IN ORDER TO COMPLY WITH E.P.A. UPDATED REGULATIONS RELATED TO STORM WATER MANAGEMENT, REQUIRED BY THE PERMITING PROCESSES RELATED THERETO AS TO EROSION CONTROLS BY CREATING MARION CITY CODE SECTION 915.75 ET. SEQ.

WHEREAS, the Federal Environmental Protection Agency, Ohio Environmental Protection Agency and local leadership all recognizing that he reality that the soil is most vulnerable to erosion by wind and water during soil disturbing activities and this eroded soil necessitates repair of sewers and ditches and dredging of rivers, harbors, and lakes; accelerates downstream bank erosion and damage to public and private property; damages water resources and wetlands by reducing water quality’ and causes the siltation of aquatic habitat; and
WHEREAS, communities throughout the watershed(s) in which the City of Marion is located have experienced and continue to experience costs associated with inadequate erosion and sediment control and increased State and Federal regulation; and
WHEREAS, there are watershed-wide efforts to reduce sedimentation in the Qu Qua Ditch, Columbia Street Ditch, Grave Creek, Blum Ditch, and Goose Creek, along with the Little Scioto River and the Olentangy River Basin and to protect and enhance the unique water resources and wetlands of the Little Scioto River and Olentangy River Basin watershed(s);
WHEREAS, 40 C. F. R. Parts 9, 122, 123 and 124, referred to as NPDES Storm Water Phase II, require designated communities, including the City of Marion to develop and implement a Storm Water Management Program to address, among other components, erosion and sediment control during soil disturbing activities; and
WHEREAS, Article XVIII, Section 3 of the Ohio Constitution grants municipalities the legal authority to adopt rules to abate soil erosion and water pollution by soil sediments; and
NOW, THEREFORE BE IT ORDAINED by the Council of the City of Marion, county of Marion, State of Ohio, that:
Section 1. The Council for the City of Marion, in order to comply with Federal and State Environmental Protection Agency standards, regulations and associated rules required by their permitting processes, does hereby find it necessary to create, establish and incorporate into the existing Marion City Code Chapter Nine – Streets & Public Service Code, Title Three – Public Utilities, Chapter 915.75 Storm Water Erosion and Sediment Controls and Regulations
915.75.01 PURPOSE AND SCOPE
(a) The purpose of this regulation is to establish technically feasible and economically reasonable standards to achieve a level of erosion and sediment control that will minimize damage to property and degradation of water resources and wetlands, and will promote and maintain the health and safety of the citizens of the City of Marion;
(b) This regulation applies to all parcels used or being developed, either wholly or partially for new or relocated projects involving, underground cables, or pipelines; subdivisions or larger common plans of development; industrial, commercial, institutional, or residential projects; building activities on farms; redevelopment activities; general clearing; earth-disturbing activities; and all other uses that are not specifically exempted in Section 915.75.01 (d)
(c) This regulation does not apply to activities regulated by, and in compliance with, the Ohio Agricultural Sediment Pollution Abatement Rules.

915.75.02 DEFINITIONS

For the purpose of this regulation, the following terms shall have the meaning herein indicated:

(a) BEST MANAGEMENT PRACTICES (BMPs): Schedule of activities, prohibitions of practices, maintenance procedures, and other management practices (both structural and non-structural) to prevent or reduce the pollution of water resources and wetlands. BMPs also include treatment requirements, operating procedures, and practices to control facility and/or construction site runoff, spillage, or leaks; sludge or waste disposal; or drainage from raw material storage.

(b) COMMUNITY: Throughout this regulation, this shall refer to the City of Marion, its designated representatives, boards, or commissions.

(c) CONSTRUCTION ENTRANCE: The permitted points of ingress and egress to development areas regulated under this regulation.

(d) DEVELOPMENT AREA: A parcel or contiguous parcels owned by one person or persons, or operated as one development unit, and used or being developed for commercial, industrial, residential, institutional, or other construction or alteration that changes runoff characteristics.

(e) DISTURBED AREA: An area of land subject to erosion due to the removal of vegetative cover and/or soil disturbing activities.

(f) DRAINAGE: (1) The area of land contributing surface water to a specific point. (2) The removal of excess surface water or ground water from land by surface or subsurface drains.

(g) EROSION AND SEDIMENT CONTROL: The control of soil, both mineral and organic, to minimize the removal of soil from the land surface and to prevent its transport from a disturbed area by means of wind, water, ice, gravity, or any combination of those forces.

(h) FINAL STABILIZATION: All soil disturbing activities at the site have been completed and a uniform perennial vegetative cover with a density of at least 80% coverage for the area has been established or equivalent stabilization measures, such as the use of mulches or geotextiles, have been employed.

(i) LANDSCAPE ARCHITECT: A Professional Landscape Architect registered in the State of Ohio.

(j) LARGER COMMON PLAN OF DEVELOPMENT OR SALE: A contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan.

(k) MAXIMUM EXTENT PRACTICABLE: The level of pollutant reduction that site owners of small municipal separate storm sewer systems regulated under 40 C. F. R. Parts 9, 122, 123, and 124, referred to as NPDES Storm Water Phase II, must meet.

(l) PARCEL: Means a tract of land occupied or intended to be occupied by a use, building or group of buildings and their accessory uses and buildings as a unit, together with such open spaces and driveways as are provided and required. A parcel may contain more than one contiguous lot individually identified by a “Permanent Parcel Number” assigned by the Marion County Auditor’s Office.

(m) PERSON: An individual, corporation, firm, trust, commission, board, public or private partnership, joint venture, agency, unincorporated association, municipal corporation, county or state agency, the federal government, other legal entity, or an agent thereof.

(n) PROFESSIONAL ENGINEER: A Professional Engineer registered in the State of Ohio.

(o) RAINWATER AND LAND DEVELOPMENT: Ohio’s standards for storm water management, land development, and urban stream protection. The most current edition of these standards shall be used with this regulation.

(p) SETBACK: A designated transition area around water resources or wetlands that is left in a natural, usually vegetated, state so as to protect the water resources or wetlands from runoff pollution.

(q) SOIL DISTURBING ACTIVITY: Clearing, grading, excavating, filling, or other alteration of the earth’s surface where natural or human made ground cover is destroyed and that may result in, or contribute to, erosion and sediment pollution.

(r) SOIL & WATER CONSERVATION DISTRICT: An entity organized under Chapter 1515 of the Ohio Revised Code referring to either the Soil and Water Conservation District Board or its designated employee(s). Hereafter referred to as Marion County SWCD.

(s) STABILIZATION: The use of BMPs, such as seeding and mulching, that reduce or prevent soil erosion by water, wind, ice, gravity, or a combination of those forces.

(t) STORM WATER POLLUTION PREVENTION PLAN (SWP3): The written document that sets forth the plans and practices to be used to meet the requirements of this regulation.

(u) SURFACE WATERS OF THE STATE: All streams, lakes, reservoirs, marshes, wetlands, or other waterways situated wholly or partly within the boundaries of the state, except those private waters which do not combine or affect a junction with surface water. Waters defined as sewerage systems, treatment works or disposal systems in Section 6111.01 of the Ohio Revised Code are not included.

(v) UNSTABLE SOILS: A portion of land that is identified by the City of Marion Engineer as prone to slipping, sloughing, or landslides, or is identified by the U. S. Department of Agriculture Natural Resource Conservation methodology as having low soil strength.

(w) WATER RESOURCE: Any public or private body of water including lakes and ponds, as well as any brook, creek, river, or stream having banks, a defined bed, and a definite direction of flow, either continuously or intermittently flowing.

(x) WETLAND: Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas (40 CFR 232, as amended).

915.75.03 DISCLAIMER OF LIABILITY

Compliance with the provisions of this regulation shall not relieve any person from the responsibility for damage to any person otherwise imposed by law. The provisions of this regulation are promulgated to promote the health, safety, and welfare of the public and are not designed for the benefit of any individual or for the benefit of any particular parcel of property.

915.75.04 CONFLICTS, SEVERABILITY, NUISANCES AND RESPONSIBILITY

(a) Where this regulation is in conflict with other provisions of law or ordinance, the most restrictive provisions shall prevail.

(b) If any clause, section, or provision of this regulation is declared invalid or unconstitutional by a court of competent jurisdiction, the validity of the remainder shall not be affected thereby.

(c) This regulation shall not be construed as authorizing any person to maintain a private or public nuisance on their property, and compliance with the provisions of this regulation shall not be a defense in any action to abate such a nuisance.

(d) Failure of the City of Marion to observe or recognize hazardous or unsightly conditions or to recommend corrective measures shall not relieve the site owner from the responsibility for the condition or damage resulting therefrom, and shall not result in the City of Marion its officers, employees, or agents being responsible for any condition or damage resulting therefrom.

915.75.05 DEVELOPMENT OF STORM WATER POLLUTION PREVENTION PLANS

(a) This regulation requires that a Storm Water Pollution Prevention Plan be developed and implemented for all parcels disturbing one (1) acre or more and on which any regulated activity of Section 915.75.01 (c) is proposed.

(b) Activities disturbing less of an acre are not required to submit a
Storm Water Pollution Prevention Plan unless required by the City of Marion Engineer. These activities must comply with all other provisions of this regulation.

915.75.06 APPLICATION PROCEDURES
(a) SOIL DISTURBING ACTIVITIES SUBMITTING A STORM WATER POLLUTION PREVENTION PLAN: The applicant shall submit two (2) sets of the SWP3 and the applicable fees to the City of Marion Engineer as follows:

(1) For subdivisions: After the approval of the preliminary plans and with submittal of the improvement plans

(2) For other construction projects: Before issuance of a zoning permit by the Zoning Inspector and/or right of way permits by the City Engineer.

(3) For general clearing projects: Prior to issuance of a zoning permit by the Zoning Inspector and/or right of way permits by the City Engineer.

(b) The City of Marion shall review the plans submitted under 915.75.06 (a) or (b) for conformance with this regulation and approve, or return for revisions with comments and recommendations for revisions

(c) Soil disturbing activities shall not begin and zoning permits shall not be issued without an approved SWP3.

(d) SWP3 for individual sub lots in a subdivision will not be approved unless the larger common plan of development or sale containing the sub lot is in compliance with this regulation.

(e) Approvals issued in accordance with this regulation shall remain valid for one (1) year from the date of approval.

915.75.07 COMPLIANCE WITH STATE AND FEDERAL REGULATIONS

Approvals issued in accordance with this regulation do not relieve the applicant of responsibility for obtaining all other necessary permits and/or approvals from the Ohio EPA, the US Army Corps of Engineers, and other federal, state, and/or county agencies. If requirements vary, the most restrictive requirement shall prevail.

915.75.08 STORM WATER POLLUTION PREVENTION PLAN

(a) In order to control sediment pollution of water resources and wetlands, the applicant shall submit a SWP3 in accordance with the requirements of this regulation.

(b) The SWP3 shall be certified by a professional engineer, a registered surveyor, certified professional erosion and sediment control specialist, or a registered landscape architect.

(c) The SWP3 shall incorporate measures as recommended by the most current edition of Rainwater and Land Development as published by the Ohio Department of Natural Resources and shall include the following information:

(1) Site description: The SWP3 shall provide:

A. A description of the nature and type of the construction activity (e.g. residential, shopping mall, highway, etc.).
B. Total area of the site and the area of the site that is expected to be disturbed (i. e., grubbing, clearing, excavation, filling or grading, including off-site borrow areas).
C. An estimate of the impervious area and percent of imperviousness created by the soil-disturbing activity.

D. Existing data describing the soil, and if available, the quality of any known pollutant discharge from the site such as that which may result from previous contamination caused by prior land uses.

E. A description of prior land uses at the site.

F. An implementation schedule which describes the sequence of major soil-disturbing operations (i. e., grubbing, excavating, grading, utilities and infrastructure installation) and the implementation of erosion and sediment controls to be employed during each operation of the sequence.

G. The location and name of the immediate receiving stream or surface water(s) and the first subsequent receiving water(s).

H. The aerial (plan view) extent and description of wetlands or other special aquatic sites at or near the site which will be disturbed or which will receive discharges from disturbed areas of the project.

I. For subdivided developments where the SWP3 does not call for a centralized sediment control capable of controlling multiple individual lots, a detail drawing of a typical individual lot showing standard individual lot erosion and sediment control practices.

J. Location and description of any storm water discharges associated with dedicated asphalt and dedicated concrete plants associated with the development area and the best management practices to address pollutants in these storm water discharges.

K. Site map showing:

(i) Limits of soil-disturbing activity of the site, including off site spoil and borrow areas.

(ii) Soil types should be depicted for all areas of the site, including locations of unstable or highly erodible soils.

(iii) Existing and proposed one-foot (1’) contours. This must include a delineation of drainage watersheds expected during and after major grading activities as well as the size of each drainage watershed in acres.

(iv) Surface water locations including springs, wetlands, streams, lakes, water wells, etc., on or within 200 feet of the site, including the boundaries of wetlands or stream channels and first subsequent named receiving water(s) the applicant intends to fill or relocate for which the applicant is seeking approval from the Army Corps of Engineers and/or Ohio EPA.

(v) Existing and planned locations of buildings, roads, parking facilities, and utilities.

(vi) The location of all erosion and sediment control practices, including the location of areas likely to require temporary
stabilization during the course of site development.

(vii) Sediment ponds, including their sediment settling volume and contributing drainage area.

(viii) Areas designated for the storage or disposal of solid, sanitary and toxic wastes, including Dumpster areas, areas designated for cement truck washout, and vehicle fueling.

(ix) The location of designated stoned construction entrances where the vehicles will ingress and egress the construction site.

(x) The location of any in-stream activities including stream crossings.

(2) A soils engineering report. The City of Marion Engineer may require the SWP3 to include a Soils Engineering Report based upon his/her determination that the conditions of the soils are unknown or unclear to the extent that additional information is required to protect against erosion or other hazards.

915.75.09 PERFORMANCE STANDARDS

The SWP3 must contain a description of the controls appropriate for each construction operation and the Applicant must implement such controls. The SWP3 must clearly describe for each major construction activity the appropriate control measures; the general sequence during the construction process under which the measures will be implemented; and the contractor responsible for implementation (e. g., contractor A will clear land and install perimeter controls and contractor B will maintain perimeter controls until final stabilization). The SWP3 shall identify all subcontractors engaged in activities that could impact storm water runoff. The SWP3 shall contain signatures from all of the identified subcontractors indicating that they have been informed and understand their roles and responsibilities in complying with the SWP3.

The controls shall include the following minimum components:

(a) NON-STRUCTURAL PRESERVATION MEASURES: The SWP3 must make use of practices that preserve the existing natural condition to the maximum extent practicable. Such practices may include preserving riparian areas, preserving existing vegetation and vegetative buffer strips, phasing of construction operations in order to minimize the amount of disturbed land at any one time, and designation of tree preservation areas or other protective clearing or grubbing practices.

(b) EROSION CONTROL PRACTICES: The SWP3 must make use of erosion controls that capable of providing cover over disturbed soils. A description of control practices designed to re-stabilize disturbed areas after grading or construction shall be included in the SWP3. The SWP3 must provide specifications for stabilization of all disturbed areas of the site and provide guidance as to which method of stabilization will be employed for any time of the year. Such practices may include: temporary seeding, permanent seeding, mulching, matting, sod stabilization, vegetative buffer strips, phasing of construction operations, the use of construction entrances, and the use of alternative ground cover.

Erosion control practices must meet the following requirements:

(1) Stabilization. Disturbed areas must be stabilized as specified in The Ohio Department of Transportation Handbook for Sediment and Erosion Control.

(2) Permanent stabilization of conveyance channels. Applicants shall undertake special measures to stabilize channels and outfalls and prevent erosive flows, as defined in the most recent edition of Rainwater and Land Development.

(c) RUNOFF CONTROL PRACTICES. The SWP3 shall incorporate measures that control the flow of runoff from disturbed areas so as to prevent erosion. These practices shall divert runoff away from disturbed areas and steep slopes where practicable.

(d) SEDIMENT CONTROL PRACTICES. The SWP3 shall include a description of, and detailed drawings for, all structural practices that shall store runoff, allowing sediments to settle and/or divert flows away from exposed soils or otherwise limit runoff from exposed areas. Structural practices shall be used to control erosion and trap sediment from a site remaining disturbed for more than 14 days. All sediment control practices must be capable of ponding runoff in order to be considered functional. Earth diversion dikes or channels alone are not considered a sediment control practice unless used in conjunction with a sediment settling pond.

Sediment control practices must meet the following requirements:

(1) Timing. Sediment control structures shall be functional throughout the course of earth disturbing activity. Sediment basins and perimeter sediment barriers shall be implemented prior to grading and within seven (7) days from the start of grubbing. They shall continue to function until the up slope development area is re-stabilized. As construction progresses and the topography is altered, appropriate controls must be constructed or existing controls altered to address the changing drainage patterns.

(2) Sediment settling ponds. A sediment settling pond, or equivalent best management practice upon approval from the City of Marion Engineer is required through the guidance of The Ohio Department of Transportation Handbook for Sediment and Erosion Control.

(3) Silt fence and diversions. Sheet flow runoff from denuded areas shall be intercepted by silt fence or diversions to protect adjacent properties, water resources, and wetlands from sediment transported via sheet flow. Placement and use shall be in accordance with The Ohio Department of Transportation Handbook of Sediment and Erosion Control. Placing silt
fence in parallel does not extend the permissible drainage area to the silt fence.

(4) Inlet protection. Erosion and sediment control practices, such as boxed inlet protection, shall be installed to minimize sediment-laden water entering active storm drain systems. All inlets receiving runoff from drainage areas of one or more acres will require a sediment settling pond. Straw or hay bales are not acceptable forms of inlet protection.

(5) Off-site tracking of sediment and dust control. Best management practices must be implemented to ensure sediment is not tracked off-site and that dust is controlled. These best management practices must include, but are not limited to, the following:

A. Construction entrances shall be built and shall serve as the only permitted points of ingress and egress to the development area. These entrances shall be built of a stabilized pad of aggregate stone or recycled concrete or cement sized greater than 2” in diameter, placed over a geotextile fabric, and constructed in conformance with specifications in the most recent edition of the Rainwater and Land Development Manual.

B. Streets directly adjacent to construction entrances and receiving traffic from the development area, shall be cleaned daily to remove sediment traced off-site. If applicable, the catch basins on these streets nearest to the construction entrances shall also be cleaned weekly.

Based on site conditions the City of Marion Engineer may
require additional best management practices to control off site tracking and dust.

(6) Surface Waters of the State protection. Construction vehicles shall avoid water resources and wetlands. If the applicant is permitted to disturb areas within 50 feet of a water resource or wetland, the following conditions shall be addressed in the SWP3:

A. All BMPs and stream crossings shall be designed as specified in the most recent edition of the Rainwater and Land Development Manual.

B. Structural practices shall be designated and implemented on site to protect water resources or wetlands from the impacts of sediment runoff.

C. No structural sediment controls (e. g., the installation of silt fence or sediment settling pond in-stream) shall be used in a water resource or wetland.

D. Where stream crossings for roads or utilities are necessary and permitted, the project shall be designed such that the number of stream crossings and the width of the disturbance are minimized.

E. Temporary stream crossings shall be constructed if water resources or wetlands will be crossed by construction vehicles during construction.

F. Construction of bridges, culverts, or sediment control structures shall not place soil, debris, or other particulate material into or close to the water resources or wetlands in such a manner that it may slough, slip, or erode.

(7) Modifying controls. If periodic inspections or other information indicates a control has been used inappropriately or incorrectly, the applicant shall replace or modify the control for site conditions.

(e) NON-SEDIMENT POLLUTANT CONTROLS: No solid or liquid waste, including building materials, shall be discharged in storm water runoff. The applicant must implement site best management practices to prevent toxic materials, hazardous materials, or other debris from entering water resources or wetlands. These practices shall include but are not limited to the following:

(1) Waste Materials: A covered Dumpster shall be made available for the proper disposal of garbage, plaster, drywall, grout, gypsum, and other waste materials.

(2) Concrete Truck Wash Out: The washing of concrete material into a street, catch basin, or other public facility or natural resource is prohibited. A designated area for concrete washout shall be made available.

(3) Fuel/Liquid Tank Storage: All fuel/liquid tanks and drums shall be stored in a marked storage area. A dike shall be constructed around this storage area with a minimum capacity equal to 110% of the volume of all containers in the storage area.

(4) Toxic or Hazardous Waste Disposal: Any toxic or hazardous waste shall be disposed of properly.

(5) Contaminated Soils Disposal and Runoff: Contaminated soils from redevelopment sites shall be disposed of properly. Runoff from contaminated soils shall not be discharged from the site. Proper permits shall be obtained for development projects on solid waste landfill sites or redevelopment sites.

(f) COMPLIANCE WITH OTHER REQUIREMENTS. The SWP3 shall be consistent with applicable State and/or local waste disposal, sanitary sewer, or septic system regulations, including provisions prohibiting waste disposal by open burning, and shall provide for the proper disposal of contaminated soils located within the development area.

(g) TRENCH AND GROUND WATER CONTROL. There shall be no sediment-laden or turbid discharges to water resources or wetlands resulting from dewatering activities. If trench or ground water contains sediment, it must pass through a sediment-settling pond or other equally effective sediment control device, prior to being discharged from the construction site. Alternatively, sediment may be removed by settling in place or by
dewatering into a sump pit, filter bag or comparable practice. Ground water dewatering which does not contain sediment or other pollutants is not required to be treated prior to discharge. However, care must be taken when discharging ground water to ensure that it does not become pollutant-laden by traversing over disturbed soils or other pollutant sources.

(h) INTERNAL INSPECTIONS. All controls on the site shall be inspected at least once every seven (7) calendar days and within 24 hours after any storm event greater than one-half inch of rain per 24 hour period.

The applicant shall assign qualified inspection personnel to conduct these inspections to ensure that the control practices are functional and to evaluate whether the SWP3 is adequate, or whether additional control measures are required. Qualified inspection personnel are individuals with knowledge and experience in the installation and maintenance of sediment and erosion controls.

These inspections shall meet the following requirements:

(1) Disturbed areas and areas used for storage of materials that are exposed to precipitation shall be inspected for evidence of or the potential or, pollutants entering the drainage system.

(2) Erosion and sediment control measures identified in the SWP3 shall be observed to ensure that they are operating correctly. The applicant shall utilize an inspection form provided by the City of Marion or an alternate form acceptable to the City of Marion Engineer. The inspection form shall include:

A. The inspection date.

B. Names, titles and qualifications of personnel making the inspection.

C. Weather information for the period since the last inspection, including a best estimate of the beginning of each storm event, duration of each storm event and approximate amount of rainfall for each storm event in inches, and whether any discharges occurred.

D. Weather information and a description of any discharges occurring at the time of inspection.

E. Locations of:

1. Discharges of sediment or other pollutants from site.

2. BMPs that need to be maintained.

3. BMPs that failed to operate as designed or proved inadequate for a particular location

4. Where additional BMPs are needed that did not exist at the time of the inspection.

F. Corrective action required including any necessary changes to the SWP3 and implementation dates.

(3) Discharge locations shall be inspected to determine whether erosion and sediment control measures are effective in preventing significant impacts to the receiving water resource or wetlands.

(4) Locations where vehicles enter or exit the site shall be inspected for evidence of off-site vehicle tracking.

(5) The applicant shall maintain for three (3) years following final stabilization the results of these inspections, the names and qualifications of personnel making the inspections, the dates of inspections, major observations relating to the implementation of the SWP3, a certification as to whether the facility is in compliance with the SWP3, and information on any incidents of non-compliance
determined by these inspections.

(i) MAINTENANCE. The SWP3 shall be designed to minimize maintenance requirements. All control practices shall be maintained and repaired as needed to ensure continued performance of their intended function until final stabilization. All sediment control practices must be maintained in a functional condition until all up slope areas they control reach final stabilization. The applicant shall provide a description of maintenance
procedures needed to ensure the continued performance of control practices and shall ensure a responsible party and adequate funding to conduct this maintenance, all as determined by the City of Marion Engineer.
When inspections reveal the need for repair, replacement, or installation of erosion and sediment control BMPs, the following procedures shall be followed:

(1) When practices require repair or maintenance. If an internal inspection reveals that a control practice is in need of repair or maintenance, with the exception of a sediment-settling pond, it must be repaired or maintained within three (3) days of the inspection. Sediment settling ponds must be repaired or maintained within
ten (10) days.

(2) When practices fail to provide their intended function. If an internal inspection reveals that a control practice fails to perform its intended function as detailed in the SWP3 and that another, more appropriate control practice is required, the SWP3 must be amended and the new control practice must be installed within ten (10) days of the inspection.

(3) When practices depicted on the SWP3 are not installed. If an internal inspection reveals that a control practice has not been implemented in accordance with the schedule, the control practice must be implemented within ten (10) days from the date of the inspection. If the internal inspection reveals that the planned control practice is not needed, the record must contain a statement of explanation as to why the control practice is not needed.

(j) FINAL STABILIZATION. Final stabilization shall be determined by the City of Marion Engineer. Once a definable area has achieved final stabilization, the applicant may note this on the SWP3 and no further inspection requirement applies to that portion of the site.

915.75.10 FEES

The Storm Water Pollution Prevention Plan review, filing, and inspection fee is part of a complete submittal and is required to be submitted to the City of Marion the review process begins. Please consult with the City of Marion Engineer for current fee schedule.

915.75.11 BOND

(a) If a Storm Water Pollution Prevention Plan is required by this regulation, soil disturbing activities shall not be permitted until a cash bond has been deposited with the City of Marion. The bond amount shall be set by the City Engineer after the review and approval of the SWP3 based on area disturbed, cost of construction, and/or complexity of the project. The bond will be used for the City of Marion to perform the obligations otherwise to be performed by the owner of the development area as stated in this regulation and to allow all work to be performed as needed in the event that the applicant fails to comply with the provisions of this regulation. The cash bond shall be returned, less City of Marion administrative fees as detailed in the City of Marion Codified Ordinances, after all work required by this regulation has been completed and final stabilization has been reached, all as determined by the City of Marion Engineer.

(b) No project subject to this regulation shall commence without a SWP3 or Abbreviated SWP3 approved by the City of Marion Engineer.

915.75.12 ENFORCEMENT

(a) All development areas may be subject to external inspections by the City of Marion to ensure compliance with the approved SWP3 or Abbreviated SWP3.

(b) After each external inspection, the City of Marion shall prepare and
distribute a status report to the applicant.

(c) If an external inspection determines that operations are being conducted in violation of the approved SWP3 or Abbreviated SWP3, the City of Marion may take action as detailed in Section 915.75.14 of this regulation.

915.75.13 VIOLATIONS

(a) No person shall violate, or cause, or knowingly permit to be violated, any of the provisions of this regulation, or fail to comply with any of such provisions or with any lawful requirements of any public authority made pursuant to this regulation, or knowingly use or cause or permit the use of any lands in violation of this regulation or in violation of any permit granted under this regulation.

(b) Upon notice, the City Engineer and/or designee (assign authority as consistent with City Chapter) may suspend any active soil disturbing activity for a period not to exceed ninety (90) days, and may require immediate erosion and sediment control measures whenever he or she determines that such activity is not meeting the intent of this regulation. Such notice shall be in writing, shall be given to the applicant, and shall state the conditions under which work may be resumed. In instances, however, where the City Engineer and/or designee finds that immediate action is necessary for public safety or the public interest, he or she may require that work be stopped upon verbal order pending issuance of the written notice.

915.75.14 APPEALS

Any person aggrieved by any order, requirement, determination, or any other action or inaction by the City of Marion in relation to this regulation may appeal to the court of common pleas. Such an appeal shall be made in conformity with (insert appropriate Ohio Revised Code sections). Written notice of appeal shall be served on the City of Marion.

915.75.99 PENALTY

(a) Any person, firm, entity or corporation; including but not limited to, the owner of the property, his agents and assigns, occupant, property manager, and any contractor or subcontractor who violates or fails to comply with any provision of this regulation is guilty of a misdemeanor of the third degree and shall be fined no more than five hundred dollars ($500.00) or imprisoned for no more than sixty (60) days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.

(b) The imposition of any other penalties provided herein shall not preclude the City of Marion instituting an appropriate action or proceeding in a Court of proper jurisdiction to prevent an unlawful development, or to restrain, correct, or abate a violation, or to require compliance with the provisions of this regulation or other applicable laws, ordinances, rules, or regulations, or the orders of the City of Marion.

Section 2. This Ordinance shall take effect and be in force from and after the earliest period allowed by law.
________________________
Approved: Dave Edwards
President of Council


___________________________
Mayor Scott Schertzer

ATTEST;

___________________________
Clerk of Council