§ 4.6.17. Erosion, soil, dust, and sediment control pollution prevention plan.

[Amd. Ord. 2-01 1/16/01]

(A)

Purpose. The purpose of this Section is to provide standards and procedures, and to prescribe techniques and methods for the control of site erosion resulting from land-disturbing activities. [Amd. Ord. 2-01 1/16/01]

(B)

Applicability. These regulations apply to any project which involves the disturbance of land in connection with land development, such land-disturbing activities shall include, but not be limited to land clearing, grading, filling, and excavation, construction of buildings, utilities, paving and drainage facilities, demolition, and any other land-disturbing process other than for agricultural purposes. [Amd. Ord. 2-01 1/16/01]

(C)

Erosion control standards. The following site erosion control standards and procedures shall apply to all land-disturbing activities: [Amd. Ord. 2-01 1/16/01]

(1)

All site erosion and sediment control methods to be employed during construction shall be noted on the plans and included in a Pollution Prevention Plan submitted to the City for a building permit, right-of-way work permit, subdivision improvement, project involving clearing of property of shrub vegetation, and any other land-disturbing activity which requires a permit or approval by the city. A separate permit shall not be required for site erosion and sediment control, but it shall be a condition of approval of any permit received for building and construction. [Amd. Ord. 2-01 1/16/01]

(a)

Activities approved by the building permit shall be conducted in a manner which does not cause violations of state and federal water quality standards. The permittee shall implement Best Management Practices for erosion and pollution control to prevent violation of state water quality standards. Temporary erosion control shall be implemented prior to and during construction, and permanent control measures shall be completed within seven days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due to the permitted work. Turbidity barriers shall remain in place at all locations until construction is completed and soils are stabilized and vegetation has been established. Silt screens, hay bales, or other such sediment control measures shall be utilized during construction. The selected sediment control measures shall be installed landward of the upland buffer zones around all protected wetlands. All areas shall be stabilized and vegetated immediately after construction to prevent erosion into the wetlands and upper buffer zones. All practices shall be in accordance with the guidelines and specifications in the Florida Stormwater, Erosion and Sedimentation Control Inspectors Manual, or latest edition, on file with the City of Delray Beach's Chief Building Official. [Amd. Ord. 2-01 1/16/01]

(2)

The developer/owner shall be required to comply with the State Ambient Air Quality Standards, in accordance with Florida Administrative Code Chapter 17-2, Unconfined Emissions, which specifies standards for air quality.

(D)

Erosion and sediment control methods. [Amd. Ord. 2-01 1/16/01]

(1)

In connection with any land-disturbing activity, provision shall be made to control site erosion. Site erosion is considered to occur when material is carried beyond the site on which such land-disturbing activity is taking place, and is thus deemed to be a public nuisance with respect to the surrounding private properties and public areas. [Amd. Ord. 2-01 1/16/01]

(2)

During such land-disturbing activity, the developer/owner shall be required to control the site erosion by any means necessary to contain the soil, dust, and sediments within the project site. These methods may include, but are not limited to, the following: leaving a buffer strip of land around the perimeter of the site if the existing vegetation is sufficient to stop the site erosion, the construction of a silt fence around the entire site, covering loose fill material with fabric or other covering, and wetting down the loose material with moisture emulsions specific for that purpose. [Amd. Ord. 2-01 1/16/01]

(3)

Prior to and during construction of all sites, the permittee and/or responsible party shall implement and maintain all erosion and sediment control measures (Best Management Practices) included in the Pollution Prevention Plan, required to retain sediment on-site and to prevent violations of state and federal water quality standards. All practices shall be in accordance with the guidelines and specifications in the Florida Stormwater, Erosion and Sedimentation Control Inspectors manual, or latest edition, on file with the City of Delray Beach's Chief Building Official. [Amd. Ord. 2-01 1/16/01]

(4)

After the conclusion of the land-disturbing activity, no disturbed area may be left denuded, and every disturbed area must be covered by mulches such as straw, hay, filter fabric, seed and mulch, sod, or other approved material to the extent necessary to cover otherwise denuded areas, unless the City Engineer determines that the circumstances do not require such covering. Within 60 days after final grade is established on any portion of a project site, that portion of the site shall be provided with established permanent soil stabilization measures according to the original construction plan, whether by impervious surface or landscaping. [Amd. Ord. 2-01 1/16/01]

(5)

The permittee and/or responsible party shall correct any erosion that causes adverse impacts to water resources. Sediment accumulation in the stormwater system from construction activities must be removed at the cost of the permittee to prevent a loss of storage volume. [Amd. Ord. 2-01 1/16/01]

(6)

Construction sites that discharge directly or indirectly to a Municipal Separate Storm Sewer System (MS4) must have a Pollution Prevention Plan on-site at all times. [Amd. Ord. 2-01 1/16/01]