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CITY OF NORTH OLMSTED <br />ORDINANCE NO. 2016 — 96 <br />BY: Mayor Kennedy <br />AN ORDINANCE REPLACING EXISTING CHAPTER 927 (STORM <br />WATER MANAGEMENT AND URBAN SEDIMENT POLLUTION <br />ABATEMENT SYSTEMS) OF THE STREETS, UTILITIES AND PUBLIC <br />SERVICES CODE WITH NEW CHAPTER 927 (EROSION AND <br />SEDIMENT CONTROL) TO MEET NEW AND UPDATED <br />REQUIREMENTS OF THE OHIO EPA ASSOCIATED WITH NATIONAL <br />POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT <br />PROGRAM REQUIREMENTS. <br />WHEREAS, soil is most vulnerable to erosion by wind and water during soil disturbing <br />activities and this eroded soil necessitates repair of sewers and ditches and dredging of rivers, <br />harbors, and lakes; accelerates downstream bank erosion and damage to public and private <br />property; damages water resources by reducing water quality; and causes the siltation of aquatic <br />habitat; and <br />WHEREAS, communities throughout the watershed(s) in which the City of North <br />Olmsted is located have experienced and continue to experience costs associated with <br />inadequate erosion and sediment control and increased State and Federal regulation; and <br />WHEREAS, there are watershed -wide efforts to reduce sedimentation in the Rocky <br />River, Black River, and Lake Erie Tributaries and to protect and enhance the unique water <br />resources or wetlands of the Rocky River, Black River, and Lake Erie Tributaries / watersheds; <br />and <br />WHEREAS, the United States Environmental Protection Agency has approved a Total <br />Maximum Daily Load (TMDL) for bacteria and dissolved oxygen in the Black River (main <br />stem) watersheds; and <br />WHEREAS, the City of North Olmsted is a member of the Rocky River Watershed <br />Council, and recognizes its obligation as a part of the Rocky River Watershed Council to reduce <br />sedimentation and to protect water quality by controlling soil disturbing activities within its <br />borders; and <br />WHEREAS, 40 C.F.R. Parts 9, 122, 123 and 124, referred to as NPDES Stormwater <br />Phase II, require designated communities, including the City of North Olmsted to develop and <br />implement a Stormwater Management Program to address, among other components, erosion <br />and sediment control during soil disturbing activities; and <br />WHEREAS, Article XVIII, Section 3 of the Ohio Constitution grants municipalities the <br />legal authority to adopt rules to abate soil erosion and water pollution by soil sediments; and <br />