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2. Progress Report on MS4 Storm Water Permit and ImplementationCity of Kalispell Public Works Department Post Office Box 1997, Kalispell, Montana 59903-1997 -Telephone (406)758-7720, Fax. (406)758-7831 REPORT To: Mayor and City Council FROM: James C. Hansz, P.E., Director of Public,.. Works {' :. SUBJECT: Progress Report on MS4 Storm Wter PLer t d Implement n MEETING DATE: work Session December 11, 2006) The City is now operating under an MS4 Storm Water permit issued by MDEQ. Many tasks related to the issuance of this permit have been done and many others remain to be done over the next year in order for the City to be fully compliant with the terms of its permit. The City's Storm water Engineer, Susie Turner, will give an oral report to City Council on the status of work to date and a preview of future work, including actions required by City Council, necessary to ensure full compliance with all the terms of the City's MS4 Storm water permit. December 11., 2006 MS4 Storm Water Permit Update. doc ORDINANCE NO. f eroded soil also nece-- -f WHEREAS depositiono e od .. dredging of lakes and,%..'A' g g WHEREAS I� 0 w of sewers and ditches and the e loss of native vegetation *6vides a healthy living is also important in preventing ORDAINED BY THE CITY COUNCIL OF THE CITY OF 6 FOLLOWS: SECTION 1 The City of Kalispell hereby adopts the following ordinance which shall be entitled "Stormwater Discharges Resulting From Construction And Land Disturbance Activities." SECTION 2 Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: "Belowground installations." Activity that causes sediment laden water, concrete sawing wash water, wash water or drilling mud pumped from an excavation or structure and shall be treated as sediment laden runoff for erosion control purposes. "BMPs." Best Management Practices. _.. EPA.�� Env�ronme �t tw W.... genCY4 c . . ... "E S C ." Erosion and ent` 1 i;pvh 4 ..................................................................... .................................... .................................................................. .......... _.... .............................. ..................................................... ........................... . .._....... �rnpeo� of a prod ect, site or building in accordance In the case of a building, a n `' d�nallces. e is � _ _ g, �� Y c is issued. In case of a subdivision when the 2- ................................................................................ en submitted and the appointed anted Public Works rks_ ...................... ifi all . work is complete. "MS4." Municipal separate storm sewer system. "MPDES." The Montana Pollutant Discharge Elimination System as administered by the state department of environmental quality. "NPDES." The National Pollutant Discharge Elimination System as administered by the Environmental Protection Agency. are ro � p oth er . ma- 1 devices. _ or practices installed prior v prevent or after al to e d ft n p p .uch devices maytt��,of nia_ - .aeueedy sod storm drai n t d outl velocity contra p y ver. t cover v ve etative co er nll bare soli ao i6�nt g ............. - - - 3 rmanent structure or landscaping . .. ..... ..... . 'v er nrual asses o ted to live sod, e p grasses f and soil erosion on the property. Inclus the property where the principal land p p Y p p ....................ingplace all adjacent property, off -site borrow .. .............ofsteproperties neces s ar for required ut ilit utility of: -sue areas for required street improvements. arty." A business entity, franchised utility company, ierty owner, contractor or holder of a building permit who )mply with the terms of this article. "Staging area." An on -site or off -site location used by a contractor to store materials for a project, to assemble portions of equipment or structures, to store equipment or machinery, to park vehicles, or for other construction -related uses. "Stop work order." The suspension of all city permits with no approvals or inspections of work for the site or project being performed. Apart from stabilizing ES C B MPs, no work shall be done on the site. "Temporary erosion control devices." Devices installed or practices implemented and maintained during land disturbing activities to prevent, minimize or control the erosion and deposit of soil materials. SECTION 3 Erosion Control Required. receiving waters of the f he notice of intent (NOI).) the Stormwater revention Plan (SVV`PPP), and the Notice of in accordance with the Montana Pollutant Discharge i System general permit for stormwater discharges vith construction activity, permit number 10. (b) A complete Stormwater Management Permit application form (c) A complete Stormwater Management Checklist (2) Less Than One Acre. Land disturbing activity of less than one acre is not required to comply with MPDES general permit number MTR100000, but shall prepare and submit a Stormwater Management Plan, for review and approval by the City of Kalispell Public Works Department, containing the following: (a) A complete Stormwater Management Permit application form. F. Below- ground installations. All discharges resulting from below - ground installations shall be passed through city -approved erosion control device(s) or removed from the site and properly disposed. G. Exclusions. No site development permit is required for the following activities: (1) Any emergency activity that is immediately necessary for the protection of life, property or natural resources. SECTION 4 Stonnwater Management Plan Requirements Generally. SECTION 5 Design Requirements. B . Clearin 1 Clearing and 4-1 of:n. bode a ...... ... . . ... fan . . .... ... coke _ with all other ren learil w r .rsuc......... ...... . ........... . ....... . . ......h as ate ....... ........ .. .. .. .. .. ... .`........ . .. .. ........... C except when in iques r -tam natura l vegetation retain and ' B MP a.. . . ... .. .. . . ...... . . ... .... ........ ... ..... . . .. . . . ............... bed i n the Construction Site n f the city. s tsfacto o e 1 be required on all sites disturbing equal to or ores, with the size of each phase to be review and as approved by the City. rmg, except that necessary to establish sediment Control :ffiall not begin until all sediment Control devices have been and have been stabilized. c i (1) Soil must be stabilized within five days of clearing or inactivity in construction, using recommended methods described in the Construction Site BMP Manual. (2) Soil stockpiles must be stabilized or covered at the end of each workday. (2) Other measures may be required at the discretion of the city in order to ensure that sediment is not tracked onto public streets by construction vehicles, or washed into storm drains. H. Removal of temporary,erosion control devices. Upon establishing 70% or greater permanent ground cover on a lot, all temporary erosion control devices shall be removed. om are i es. - Utilities C r ntrsed U �Fa� SECTION . . . ......... SECTION 7 Cons .......... . h . ....... . .. . . erata must, at a minimum, coat such as .............. .... . ..... .. ..... . .. control waste materials concrete truck washout water, chemicals, = verse construction site that m cause ad :....................... t� at the constr��t O ....................... .................. qua .r lity. This includes: B . Chemicals, paint, petroleum, fertilizer, and pesticides must be stored in a covered enclosure C. Above ground petroleum storage tanks must be placed in a bermed enclosure. D. Empty/unused chemical containers must be disposed of in accordance with label instructions. E. Potentially hazardous waste must be segregated from nonhazardous waste. H. Rec clln of waste m.aterlal .encra ed where fe y g g w co on site s h l n a I. concrete truck washout s :. :. i and cone moved at conclusion designated washout pit, C.Fesiid'u ..re co nstruction. J. Sanitary was storm drain inlets contained. SECTION 8 Inspecti . ............... . ............. ... ... ... . A an nt, (I E v w for consideration of site tan ree o P p w r im f film the Storm ate ua� � acts at the t e o it ................ it h -establish appropriate frequencies for ins ection 4 ion46rmwater pollution prevention measures at. all ruction sites. ity shall require notification from a construction site or to start or upon completion of various stages of i on a schedule approved by the city. B. The permittee or his/her agent will be required to perform regularly scheduled site inspections (at least every 14 days) and after major storm events to ensure all accepted BMPs have been constructed and are functioning properly. The purpose of such inspections will be to determine the overall effectiveness of the control plan and the need for additional control measures. All inspections shall be documented in written form and made available for review by the city. SECTION 9 Enforcement. (2) Failing to install erosion:co.fi� control devices throughout thl, .......... ......... .. . (3) Failing to remove off -sits of land disturbing activities where results from the implem( devices specifW# ciin le. vices or to n im...�F� osion ........... . . ... ..... of foal disturbing Is =ghat is a direct `result to sedimentation Ltain erosion control (2) clean the public way and bill the owner directly for the actual cost of such cleanup and $2W administrative fee. SECTION 10 Exemptions. ................................. P ED...... ..... .......... .... ........... P. .... BY TIME CITY COUNCIL AND SIGNED BY THE MAYOR ASS I DA- 12007. Pamela B . Kennedy Mayor Attest: Theresa White City Clerk