§ 6-121. Minimum requirements for erosion, sedimentation and pollution control using best management practices.

(a)

General provisions. Excessive soil erosion and resulting sedimentation can take place during land disturbing activities if requirements of the ordinance and the NPDES General Permit are not met. Therefore, plans for those land disturbing activities which are not exempted by this article shall contain provisions for application of soil erosion, sedimentation and pollution control measures and practices. The provisions shall be incorporated into the erosion, sedimentation and pollution control plans. Soil erosion, sedimentation and pollution measures and practices shall conform to the minimum requirements of subsections 6-121(b) and (c). The application of measures and practices shall apply to all features of the site, including street and utility installations, drainage facilities and other temporary and permanent improvements. Measures shall be installed to prevent or control erosion, sedimentation and pollution during all stages of any land disturbing activity in accordance with requirements of this article and the NPDES General Permit.

(b)

Minimum requirements of best management practices.

(1)

Best management practices as set forth in subsections 6-121(b) and (c) shall be required for all land-disturbing activities. Proper design, installation, and maintenance of best management practices shall constitute a complete defense to any action by the Director or to any other allegation of noncompliance with subsection (2) or any substantially similar terms contained in a permit for the discharge of storm water issued pursuant to O.C.G.A. § 12-5-30(f), the "Georgia Water Quality Control Act." As used in this subsection the terms "proper design" and "properly designed" mean designed in accordance with the hydraulic design specifications contained in the "Manual for Erosion and Sediment Control in Georgia" specified in O.C.G.A. § 12-7-6(b).

(2)

A discharge of storm water runoff from disturbed areas where best management practices have not been properly designed, installed, and maintained shall constitute a separate violation of any land-disturbing permit issued by a Local Issuing Authority or of any state general permit issued by the Division pursuant to O.C.G.A. § 12-5-30(f), the "Georgia Water Quality Control Act," for each day on which such discharge results in the turbidity of receiving waters being increased by more than 25 nephelometric turbidity units for waters supporting warm water fisheries or by more than ten nephelometric turbidity units for waters classified as trout waters. The turbidity of the receiving waters shall be measured in accordance with guidelines to be issued by the Director. This paragraph shall not apply to any land disturbance associated with the construction of single family homes which are not part of a larger common plan of development or sale unless the planned disturbance for such construction is equal to or greater than five acres.

(3)

Failure to properly design, install, or maintain best management practices shall constitute a violation of any land-disturbing permit issued by a Local Issuing Authority or issued by the Division pursuant to O.C.G.A. § 12-5-30(f), the "Georgia Water Quality Control Act," for each day on which such failure occurs.

(4)

The Director may require, in accordance with regulations adopted by the Board, reasonable and prudent monitoring of the turbidity level of receiving waters into which discharges from land-disturbing activities occur.

(5)

The LIA may set more stringent buffer requirements than stated in subsections 6-121 (b) and (c), in light of O.C.G.A. § 12-7-6(c).

(c)

The rules and regulations, ordinances, or resolutions adopted pursuant O.C.G.A. §§ 12-7-1 et seq. for the purpose of governing land-disturbing activities shall require, as a minimum, protections at least as stringent as the state general permit; and best management practices, including sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent with, and no less stringent than, those practices contained in the Manual for Erosion and Sediment Control in Georgia published by the Georgia Soil and Water Conservation Commission as of January 1 of the year in which the land disturbing activity was permitted, as well as the following:

(1)

Stripping of vegetation, regrading and other development activities shall be conducted in a manner so as to minimize erosion.

(2)

Cut-fill operations must be kept to a minimum.

(3)

Development plans must conform to topography and soil type so as to create the lowest practicable erosion potential.

(4)

Whenever feasible, natural vegetation shall be retained, protected and supplemented.

(5)

The disturbed area and the duration of exposure to erosive elements shall be kept to a practicable minimum.

(6)

Disturbed soil shall be stabilized as quickly as practicable.

(7)

Temporary vegetation or mulching shall be employed to protect exposed critical areas during development.

(8)

Permanent vegetation and structural erosion control practices shall be installed as soon as practicable.

(9)

To the extent necessary, sediment in run-off water must be trapped by the use of debris basins, sediment basins, silt traps or similar measures until the disturbed area is stabilized. As used in this paragraph, a disturbed area is stabilized when it is brought to a condition of continuous compliance with the requirements of O.C.G.A. §§ 12-7-1 et seq.

(10)

Adequate provisions must be provided to minimize damage from surface water to the cut face of excavations or the surface of fills.

(11)

Cuts and fills may not endanger adjoining property.

(12)

Fills may not encroach upon natural watercourses or constructed channels in a manner so as to adversely affect other property owners.

(13)

Grading equipment must cross flowing streams by means of bridges or culverts except when such methods are not feasible, provided, in any case, are kept to a minimum.

(14)

Land disturbing activity plans for erosion, sedimentation and pollution control shall include provisions for treatment or control or of any source of sediments and adequate sedimentation control facilities to retain sediments on site or preclude sedimentation of adjacent waters beyond the levels specified in subsection (b)(2).

(15)

Except as provided in subsection (16), there is established a 25-foot buffer along the banks of all State waters, as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, except where the Director determines to allow a variance that is at least as protective of natural resources and the environment, where otherwise allowed by the Director pursuant to O.C.G.A. § 12-2-8, where a drainage structure or a roadway drainage structure must be constructed, provided that adequate erosion control measures are incorporated in the project plans and specifications, and are implemented; or along any ephemeral stream. As used in this provision, the term "ephemeral stream" means a stream: that under normal circumstances has water flowing only during and for a short duration after precipitation events; that has the channel located above the ground-water table year round; for which ground water is not a source of water; and for which runoff from precipitation is the primary source of water flow. Unless exempted as along an ephemeral stream, the buffers of at least 25 feet established pursuant to Part 6 of Article 5, Chapter 5 of Title 12, the "Georgia Water Quality Control Act," shall remain in force unless a variance is granted by the Director as provided in this paragraph. The following requirements shall apply to any such buffer:

a.

No land-disturbing activities shall be conducted within a buffer and a buffer shall remain in its natural, undisturbed state of vegetation until all land disturbing activities on the construction site are completed. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; provided, however, that any person constructing a single family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat and natural canopy is left in sufficient quantity, to keep shade on the stream bed; and

b.

The buffer shall not apply to the following land-disturbing activities, provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented:

1.

Stream crossings for water lines, or

2.

Stream crossings for sewer lines.

(16)

There is established a 50-foot buffer as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, along the banks of any State waters classified as "trout streams" pursuant to Article 2 of Chapter 5 of Title 12, the "Georgia Water Quality Control Act," except where a roadway drainage structure must be constructed; provided, however, that small springs and streams classified as trout streams which discharge an average annual flow of 25 gallons per minute or less shall have a 25-foot buffer or they may be piped, at the discretion of the landowner, pursuant to the terms of a rule providing for a general variance promulgated by the Board, so long as any such pipe stops short of the downstream landowner's property and the landowner complies with the buffer requirement for any adjacent trout streams. The Director may grant a variance from such buffer to allow land-disturbing activity, provided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented. The following requirements shall apply to such buffer: No land disturbing activities shall be conducted within a buffer and a buffer shall remain in its natural, undisturbed, state of vegetation until all land-disturbing activities on the construction site are completed. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed: provided, however, that any person constructing a single-family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed.

(17)

Land disturbing activities shall not be conducted within the 100-year floodplain unless compliance with any applicable local floodplain management ordinance is demonstrated or such construction is in compliance with the Federal Emergency Management Agency regulations or flood storage compensation for floodwaters is provided.

(18)

Comprehensive construction sequencing plan. A comprehensive construction sequencing plan is created during the preconstruction stage. This plan describes the sequence of each construction activity and phase. It allows for the coordination of simultaneous operations and planning of the activity sequence while taking the opportunity to consider different equipment and strategies. A comprehensive construction sequencing plan should address items such as the timing of the installation of sediment basins and installation of erosion control structures and devices. This plan must be submitted prior to the issuance of a land disturbing activity permit as part of the construction site plan or as a separate document as needed.

(19)

On-site construction site waste management plan. Prior to obtaining a land disturbing activity permit, a plan to prevent pollution and manage construction site waste must be prepared and approved by the governing authority. Construction site operators will control waste at the construction site, such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste. The plan must include the following items:

a.

Waste receptacle locations (construction and permanent).

1.

Used to store unwanted litter, and discarded building materials.

2.

Dumpster containers for putrescible or leachable waste shall have lids or covers that can be placed over the container prior to rainfall.

3.

All trash and construction debris from the site will be deposited in the waste receptacle. Waste collection shall occur before the containers overflow.

4.

The waste disposal company will be a licensed solid waste management company and shall meet all local and any State solid waste management regulations.

b.

Hazardous waste receptacles. If a land disturbing activity identifies, contains, proposes or otherwise includes any hazardous waste, the manufacturer's guidance will be followed for the containment of these materials. This hazardous waste must be disposed of on a regular basis and in the appropriate manner according to the guidelines of the manufacturer. Hazardous waste is defined as any solid, liquid, or contained gaseous materials which are no longer used and, if not handled or disposed of properly, could damage or pollute the land, air, or water. They can also cause injury or death to exposed individuals. A waste is hazardous if it exhibits one or more, but not limited to, the following characteristics:

1.

Ignitability. Ignitable vapors can create fires under certain conditions. Examples include liquids, such as solvents that readily catch fire, and friction sensitive substances.

2.

Corrosivity. Corrosive wastes include those that are acidic and those that are capable of corroding metal, such as tanks, containers, drums, and barrels.

3.

Reactivity. Reactive wastes are unstable under normal conditions. They can create explosions and/or toxic fumes, gases, and vapors when mixed with water.

4.

Toxicity. Toxic wastes are harmful or fatal when ingested or absorbed. When toxic wastes are disposed of on land, contaminated liquid may drain from the waste and pollute ground water.

c.

On-site construction refueling stations or refueling areas.

1.

All refueling stations or refueling areas shall comply with Rules of Safety Fire Commissioner, Chapter 120-3-11, Rules and Regulations for Flammable and Combustible Liquids and other applicable codes and regulations.

2.

A refueling area shall be designated on the plans for refueling any construction equipment. The plan must include precautions and actions that must be implemented to prevent the release of hazardous pollutants into the environment.

3.

Construction sites will have equipment on-site or on-board maintenance fueling vehicles to contain and clean up petroleum spills.

4.

If petroleum products are stored on-site, a fuel storage facility must be provided and approved. All on-site fuel storage facilities will be monitored for leaks and receive regular preventative maintenance to reduce the chance of leakage. The plan should identify petroleum storage facilities and address inspections and maintenance.

5.

All fuel products shall be stored in tightly sealed containers that are clearly labeled.

6.

Petroleum products will be stored in covered areas, where possible.

7.

If the on-site refueling station is to be used for a period greater than two years, it will be considered as a permanent fueling station subject to site plan review and approval.

d.

On-site construction chemical storage.

1.

Chemicals will be stored in a dry covered area. Chemical storage containers should be located in a retaining (diked) area, not exposed to precipitation or stormwater.

2.

Each site that has a chemical storage facility where flammable and combustible chemicals are stored must ensure that storage tanks and venting systems are equipped with all necessary safeguards to prevent chemical leaks into the atmosphere or explosion.

e.

Concrete washout location. Excess residue and contaminants from washing down equipment such as, but not limited to, concrete trucks, pumps, mixers, chutes, hand tools, and wheelbarrows containing or having contained concrete should be contained in an area that prevents contact between these residues and contaminants, and stormwater that will be discharged from the site. After excess concrete and wash water has hardened, they should be disposed of properly.

f.

On-site construction sanitary waste disposal units.

1.

All construction sites are required to have on-site sanitary waste disposal units.

2.

The developer/contractor should ensure servicing of sanitary waste disposal units on a regular basis.

g.

All on site waste disposal systems, storage facilities, washout locations, and refueling stations shall be in proper working condition as soon as practicable. On site waste disposal systems, storage facilities, washout locations, and refueling stations shall be located to avoid impairments to them or contamination from them during the land disturbing activity.

(d)

Nothing contained in O.C.G.A. § 12-7-1 et seq. shall prevent any Local Issuing Authority from adopting rules and regulations, ordinances, or resolutions which contain stream buffer requirements that exceed the minimum requirements in subsection (b)(2).

(e)

The fact that land-disturbing activity for which a permit has been issued results in injury to the property of another shall neither constitute proof of nor create a presumption of a violation of the standards provided for in this article or the terms of the permit.

(Ord. No. 2010-07, § I, 6-17-2010; Ord. No. 2015-03, § 1, 8-6-2015)