The permit requirements for Construction Site Storm Water Runoff for Storm Water Minimum Control Measure 4 (MCM 4) are defined in Section 4.2.4-4.2.4.6 of the Jordan Valley Municipalities (MS4) Permit; No. UTS000001

The following is a summary of the requirements for MCM 4.
  1. Through an ordinance, or other regulatory mechanism, require compliance with UPDES Storm Water Construction regulation. 4.2.4.1, 4.2.4.1.1, 4.2.4.1.2, 4.2.4.1.3
  2. Develop and implement development standards that require SWPPP. 4.2.4.3.3
  3. Develop and implement standard operating procedures (SOPs) for:
  • Reviewing SWPPP’4.2.4.3, 4.2.4.3.1, 4.2.4.3.2, 4.2.4.5, 
  • Inspecting Construction Sites. 4.2.4.3.4, 4.2.4.4, 4.2.4.4.1, 4.2.4.4.2, 4.2.4.4.3, 4.2.4.4.4, 4.2.4.5, 4.2.4.6  
  • Enforcement of MCM4 requirements; 4.2.4.2, 4.2.4.2.1, 4.2.4.2.2, 4.2.4.5,

Programs
4.1 Stormwater Ordinances(Construction)
4.2 Stormwater Enforcement
4.3 Land Disturbance Permit
4.4 Right of Way Encroachment Permit
 

4.1: Stormwater Ordinances(Construction)
Year Executed: 2011
Reference Regulation:
4.2.4.1, 4.2.4.1.1, 4.2.4.1.2
Target Pollutants:
Sediment, fugitive dust, cementitious material, trash, non-stormwater liquids, and nutrients
Audiences:
Developers, Engineers, Architects, Planners, Contractors and MS4 Staff
Description:
City stormwater ordinance is written to support key, Development, Construction and Long-Term Stormwater Management Programs required by MS4 regulations, including but not limited to:  Flood Control, LID Design Standards, Land Disturbance Permits, and Long-Term Stormwater Management and Agreement.  These ordinances are; 13.20 and 13.25, Stormwater Development and Stormwater Utility Ordinance respectively.
Measure of Success:
Identify project issues, and deficiencies that occurred as a direct result of weak or absent ordinance .  Make annual conclusions and recommendations to City.
Responsible Staff:  
Stormwater Manager
Funding:  
Stormwater Utility
Documentation:
Ordinance:
Conclusion:
2019-2020
Reference to ordinance is already mentioned in MCM3.  Ordinance should only reported in one MCM and it make more sense to measure and report it with MCM3 or MCM5.  Staff will eliminate this reference and cover it in MCM3 or 5 next report period.
 



4.2: Stormwater Enforcement
Year Executed: 2011
Reference Regulation:
4.2.4.2, 4.2.4.2.1, 4.2.4.2.2
Target Pollutants:
Sediment, fugitive dust, cementitious material, trash, non-stormwater liquids, and nutrients.
Audiences:
Developers, Engineers, Architects, Contractors and MS4 Staff
Description:
Land Disturbance and Long-Term Stormwater Management activity is regulated by Riverton City Code Title 13.  The LDP Penalty and Fine Schedule below only applies to Land disturbance permit regulated activity.  Stormwater are also regulated by Titles; 8, 12, 15, 17 and 18 but to a lesser degree.  Generally, enforcement regulated by these Titles are managed by the Ordinance Enforcement Division.
Measure of Success:
Annually evaluate the issues related to program enforcement.  Make conclusions and recommendations to City.
Responsible Staff:
Public Works Director, City Engineer, Stormwater Manager, Stormwater Inspector, Ordinance Enforcement
Funding:  
Stormwater Utility, General Fund
Program Documents: 
Documentation:
Land Disturbance Permit Summary Report
Individual Land Disturbance Permit files also contain pertinent enforcement documentation.  These can be requested.
Conclusion:
2019-2020
(12) NOV's were issued but only 5 were prosecuted by the attorney's office. There is a working solution and it is expected the difference will be smaller next year.   However, overall the enforcement program has worked better this year than all previous years.  The enforcement program does improve compliance but the greatest influence for improvement is a result of the Riverton Land Disturbance Permit Program.  See report below.
 

4.3: Land Disturbance Permit
Year Executed: 2011
Amended: 2015-09-29
Reference Regulation:
4.2.1.4, 4.2.1.5, 4.2.4.3, 4.2.4.3.1, 4.2.4.3.2, 4.2.4.3.3, 4.2.4.3.4, 4.2.4.4, 4.2.4.4.1, 4.2.4.4.2, 4.2.4.4.3, 4.2.4.4.4, 4.2.4.5, 4.2.4.6, 4.2.6.8
Target Pollutants:
Sediment, fugitive dust, cementitious material, trash, non-stormwater liquids, and nutrients.
Audiences:
Developers, Engineers, Architects, Planners, Contractors and MS4 Staff
Description:
The Land Disturbance Permit (LDP) program involves a traditional permitting process using a permit application form as its vehicle for creating a contractual relationship and establishing terms and conditions.  A issued LDP is required prior to any regulated land disturbance.  The primary LDP application submittal is the SWPPP.  The LDP facilitates:
    1. A SWPPP review process necessary to obtain a complete and coherent SWPPP.  
    2. A SWPPP managed via an internet based system. 
    3. A SWPPP that is always available to all involved in the project, including Operators, their staff, subcontractors, suppliers, utility companies, MS4, EPA and the general public upon request.
    4. Contractual terms and conditions supporting City ordinance and GCP, CPoD and MS4 regulation.
There are four SWPPP templates offered for various anticipated sizes of construction projects. 1. (1)Acre and larger, 2. residential Common Plans of Development, 3. NOI Exempt Projects and 4. Short Term Projects.
In addition, this program provides built-in with templates and appurtenant documents, training, education instruction, examples, checklist, explanation, rational and all necessary information for MS4 staff and permit applicants necessary to facilitate obtaining adequate SWPPPs for construction sites. 
Measure of Success:
Success can be measured by the volume enforcement actions and public complaints pertaining to Land Disturbance Projects relative to the number of active Land Disturbance Permits.  When LDP enforcement actions and public complaints are low, the LDP program can be viewed as successful.  However, when enforcement actions and public complaints are high then permit holders are not understanding or following the permit requirements.  However, interpretation could be necessary as a good LDP program can be affected by the success or failure of the enforcement program. 
Record the number of permits issued for the report period.
Record the number of enforcement actions for the report period.
Record the number of public complaints relating to Land Disturbance Permit projects.
Evaluate permit holder understanding of permit requirements.  See annual Land Disturbance Permit Summary Report
Performance Documentation:
Responsible Staff:
Stormwater Manager
Funding:
Stormwater Utility
Program Documents:
 
Conclusion:
2019-2020
The program overall is functioning successfully.   On average this year the City SWPPP inspector spent approximately 1-2 hours with each permit applicant answering questions, helping them write effective BMP instruction to the workforce and organize their SWPPP.  The 1-2 hours is slightly down from last year and we found spending this time with the applicants, helping them understand their construction impacts and BMPs that will work best, resulted in significant improvement with site compliance.  On average SWPPP reviews took 2 iterations.

There were 6 CGP and 7CPP permit holders who where mostly self sufficient.  Not only did they make a genuine effort contain site exposures and control operations but their inspections included legitimate corrections.  In other words they independently recognized site problems and showed how the problem was corrected with little direction from the City.     

We attribute this success to the aforementioned help we provided at the application stage.  Most SWPPPs are still initially submitted incomplete, disorganized and not completely genuine but after our review process SWPPPs are corrected and realistic.  We are confident the person writing the SWPPP understands effective BMPs and adequate SWPPP organization.   We also are confident our electronic SWPPP management structure contributes to the success by organizing, simplifying and facilitating a sustainable documentation structure that is easy to follow . The City uses the State Template less the duplications, and the checkbox approach and we expect the Appendix folders to be used per the table of contents.  All this results in a simple, coherent and genuine SWPPP that pays dividends with respect to compliance and reducing the need for City oversight.  Multiple times Operators and SWPPP writers have expressed preference for the City's program but the real proof are the number of Operators who are more self sufficient than we have ever seen with very little City oversight.  

Most of the other permit applicants were mostly just apathetic and it does not appear they think reporting genuine inspections and corrections is important.  However, even these permit applicants still usually became compliant but only after continuous reminders from City Staff. 
 
In the past SWPPP vendors and consultants were reluctant to follow Riverton City's local program and projects sites suffered.  Many times the paper trail from inspections to legitimate corrections were usually non-existent or so vague and confusing that the inspection report was not resulting in containment of site exposures and construction operations.  Inspections were usually completed but most of the time the problems were not being communicated to the workforce so the problems continued essentially uncorrected.  In the middle of the year the City required the use of the City's local SWPPP template for all projects and this has not only resulted a better managed site and SWPPP but also happier permit applicants. 
   




4.4 Right of Way Encroachment Permit
Year Executed: 2010
Reference Regulation:
4.2.4.3, 4.2.4.3.1, 4.2.4.4, 4.2.4.4.4, 4.2.4.5, 4.2.4.6, 4.2.6.4.5, 4.2.6.8
Target Pollutants:
Sediment, fugitive dust, cementitious material, trash, non-stormwater liquids, and nutrients.
Audiences:
Contractors, Utility Companies, City Staff
Description:
The Right of Way Encroachment Permit program involves a traditional permitting process using a permit application form as a vehicle for creating a contractual relationship and establishing terms and conditions that are supported by ordinance.  The Right-of-Way Encroachment Program has been practiced well before UPDES requirements to facilitate a safe project environment and infrastructure restoration satisfying Riverton Standards and other needs. The Right of Way Encroachment Program has been expanded to include requirements that will facilitate containment pollutants.  The program requires a pre-con where operational and structural BMPs relative to the unique construction project are determined and verbal instructions for BMP implementation are explained.  The program facilitates awareness and implementation of operational BMPs or installation of structural BMPs prior to disturbance of right of way for typical short term right of way encroachment projects.   The permitting process also facilitates obtaining a Land Disturbance Permit for longer term projects warranting Land Disturbance Permits.  The criteria for Land Disturbance permits are defined by the Right of Way Encroachment Permit SOP.
Measure of Success:
Success can be measured by comparing the number of clean vs unacceptable sites and the number of enforcement actions relative to the total number of permits issued.    
Record the number of permits issued for the report period.
Record the number of unacceptable site conditions for the report period.
Record the number of enforcement actions for the report period.
Performance Documentation:
x
Responsible Staff:
Right-of-Way Encroachment Officer
Funding:
Stormwater Utility
Program Documents:
Conclusion:
2019-2020
The Right of Way Encroachment Officer regularly informs permit holders to prior to and during work to practice best management practices.  Field observation is consistent.    

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