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2022 19 ORDINANCE
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2022 19 ORDINANCE
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Last modified
3/7/2023 8:23:27 AM
Creation date
3/6/2023 5:57:44 PM
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Template:
Legislation-Meeting Minutes
Document Type
Ordinance
Number
2022 19
Date
10/17/2022
Year
2022
Title
CHAPTER 1129 EROSION AND SEDIMENT CONTROL
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ORDINANCE NO. 2022-19 <br />Page 9 <br />D. Section 404 of the Clean Water Act: Proof of compliance shall be a copy of the <br />U.S. Army Corps of Engineers Individual Permit application, public notice, or project <br />approval, if an Individual Permit is required for the development project. If an <br />Individual Permit is not required, the site owner shall submit proof of compliance with <br />the U.S. Army Corps of Engineer's Nationwide Permit Program. This shall include <br />one of the following: <br />(1) A letter from the site owner certifying that a qualified professional has <br />evaluated the site and determined that Section 404 of the Clean Water Act is <br />not applicable because there are no wetlands on site. <br />(2) A site plan showing that any proposed fill of waters of the United States <br />conforms to the general and special conditions specified in the applicable <br />Nationwide Permit. Wetlands, and other waters of the United States, shall be <br />delineated by protocols accepted by the U.S. Army Corps of Engineers at the <br />time an application is made under this regulation. <br />E. Ohio Dam Safety Law: Proof of compliance shall be a copy of the ODNR Division of <br />Water permit application tracking number, a copy of the project approval letter from <br />the ODNR Division of Water, or a letter from the site owner certifying and explaining <br />why the Ohio Dam Safety Law is not applicable. <br />1129.08 STORMWATER POLLUTION PREVENTION PLAN (SWP3) <br />The applicant shall submit a SWP3 that meets the requirements of the Construction General Permit <br />and the following additional requirements. The SWP3 shall be certified by a professional engineer, a <br />registered surveyor, certified professional erosion and sediment control specialist, or a registered <br />landscape architect. The SWP3 shall include control measures to ensure that discharges from the <br />construction site and construction support activities comply with the non- numeric effluent limitations <br />contained in the Construction General Permit. <br />In addition to all information required by the Construction General Permit, the SWP3 shall also <br />include completed design tools found on Ohio EPA's website such as the Sediment Basin <br />Compliance Spreadsheet. <br />Before any off-site support areas such as borrow or spoil areas, concrete or asphalt batch plants, <br />equipment staging yards or material storage areas are created and utilized for a specified project, a <br />SWP3 for the off-site support area must be submitted and approved by the Village Engineer. The <br />applicant shall ensure appropriate permits have been obtained to operate the off-site support area. <br />Failure to do so can lead to enforcement action under Sections 1129.13 and 1129.14 of this code. <br />The Village Engineer may require the SWP3 to include a Soils Engineering Report based upon <br />his/her determination that the conditions of the soils are unknown or unclear to the extent that <br />additional information is required to protect against erosion or other hazards. This report shall be <br />based on adequate and necessary test borings and shall contain all the information listed below. <br />Recommendations included in the report and approved by the Village Engineer shall be incorporated <br />in the grading plans and/or other specifications for site development. <br />
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