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

Programs
4.1 Stormwater Ordinance (Construction)
4.2 Land Disturbance Permit
 
 
4.1: Stormwater Ordinance (Construction)
Year Executed: 2011
Reference Regulation and Summary:
4.2.4.1, 4.2.4.1.1, 4.2.4.1.2
Through an ordinance, or other regulatory mechanism, require compliance with UPDES Storm Water Construction regulation.
Target Pollutants:
Sediment, fugitive dust, cementitious material, trash, non-stormwater liquids, and nutrients
Audiences:
Developers, Engineers, Architects, Contractors and City staff involved with development processes that affect UPDES programs and regulation
Description:
City stormwater ordinance is written to support key, development, construction and long-term stormwater management programs required by MS4 permit regulations, including but not limited to:  Flood Control, Low Impact Development Design Standards, Land Disturbance Permits, and Long-Term Stormwater Management and Agreement.  
Reference Ordinance: 13.20 and 13.25, Stormwater Development and Stormwater Utility Ordinance respectively.
Measure of Success:
Identify project failures and deficiencies that occurred as a direct result of weak or absent ordinance.  Make annual conclusions and recommendations to City, see Program 4.1 Conclusion.
Responsible Staff:  
City Engineer, Public Works Director, Public Work Flood Control Engineer
Funding:  
Storm Drain Fee, General Fund
Ordinance:
Conclusion:
2021-2022
Ordinance was not changed and is currently sufficient for supporting the City SWMP programs.    
 
 
4.2: Land Disturbance Permit
Year Executed: 2011
Amended: 2022-10-05
Reference Regulation and Summary:
4.2.1.5, 4.2.4, 4.2.4.1.3, 4.2.1.4, 4.2.4.2, 4.2.4.2.1, 4.2.4.2.2, 4.2.4.3, 4.2.4.3.1, 4.2.4.3.2, 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, 4.2.4.5, 4.2.4.6, 4.2.6.10 
Implement programs requiring compliance with CGP, CPP regulation and disturbance activities regulated by UTS00001; including but not limited to; Developoment review standards, CGP&CPP SWPPP review, templates, checklist, inspection processes, municipal operations, non CGP&CPP regulated projects a risk to water quality and enforcement.              
Target Pollutants:
Sediment, fugitive dust, cementitious material, trash, non-stormwater liquids, and nutrients
Audiences:
Developers, Engineers, Architects, Contractors and City Staff
Description:
The Land Disturbance Permit (LDP) program involves a traditional permitting process using a permit application form as a vehicle for creating a contractual relationship and establishing terms and conditions for obtaining UPDES required construction containment controls.  
An issued LDP is required prior to all CGP and CPP regulated land disturbance and other larger scale non CGP and CPP regulated disturbances warranting UPDES construction containment controls. 
The LDP facilitates summary:
    1. Contractual terms and conditions governed by City ordinance and CGP, CPP and MS4 permit regulation.
    2. LDP enforcement terms and conditions.
    3. A SWPPP review process.  
    4. A SWPPP managed via an internet-based system for Operators, Operator staff, subcontractors, suppliers, utility companies, and inspection by MS4, EPA, City.  Also the general public.
    5. Mechanism for communication with the Public Works, Planning and Economic Development, Engineering, Building, Parks, Departments and Divisions in order to facilitate adequate City oversight inspections for compliance though out construction projects. 
    6. Mechanism to open and close projects to manage compliance with UPDES.
There are four SWPPP templates offered for various anticipated classes of construction projects that are a risk to water quality:
1. CGP Projects
2.  CPP Projects
3. NOI Exempt Projects
4. Short Term Projects
Note: Most City projects either performed by City staff or hired agents need some water quality controls but not all City projects need a Land Disturbance Permit.  The Land Disturbance permit is intended for CGP, CPP and longer term MS4 Permit regulated projects.   Water quality controls for smaller projects need to be managed by the City project manager with the project oversight.   When construction impacts are not contained those materials will pollute regulated water bodies and fill our drainage system increasing City maintenance.  See SOPs, Public Contruction Contracts, Service Contract and Maintenance Plan and Right of Way Encroachment permit Programs for governing non-Land Disturbance Permit regulated Projects.
Measure of Success:
A successful program results in self-regulated Operators.   City oversight inspection reports identify overall operator regulation compliance and Riverton's program is geared to determine if Operators are identifying containment problems and rectifying the problems on their own.   As a result, construction sites with less legitimate public complaints, less City oversight correction notices and less enforcement actions are a measurement of a successful program.   The City inspector gives each project a score from 1-10, 1 = poorly managed and, 10 = Operator is self-regulated. 
The overall program measure of success is described by the conclusion herein.  Also see the Annual Land Disturbance Permit Program Summary Report.
Performance Documentation:
Responsible Staff:
Public Works Director, City Engineer, Flood Control Engineer, Stormwater Inspector
Funding:
Storm Drain Fee, General Fund
Program Documents:
Conclusion:
2021-2022
Operators are not self-regulated which the program implies is not working however program training, SWPPP implementation and enforcement of the LDP program procedures are functioning resulting in site containment.  Currently SWPPP containment is directly the result of regular City Inspector SWPPP correction notices and enforcement.  It is staff's opinion there are industry wide UPDES perceptions that are driving Operator self-regulation deficiencies. 
 
On average this year the City SWPPP inspector spent approximately 1-2 hours with each permit holder answering questions, helping them design BMPs, write effective BMP instruction to the workforce and organizing their SWPPPs.  We found spending this time with the applicants, helping them understand their construction impacts results in worthwhile improvement in site compliance.

Most of the time city development and building permit processes conformed to the Land Disturbance Permit Program.  For continued compliance and success, it is important all staff incorporate the Land Disturbance Permit requirements with their development, building, and construction involved tasks and responsibilities.

Land Disturbance Permit Program enforcement is adequate but the City dismissed 5 of the 10 NOV's.  The program methods are adequate but communication with the prosecution office and equal understanding of UPDES regulation is an ongoing work in progress.

Initially, most SWPPPs are still submitted incomplete, disorganized and are more-less ingenuine, however the SWPPPs are regularly improved with realistic BMPs prior to issuing the permit.  Most of the time Operators are still not fully self-regulated and require continual reminders by City SWPPP inspectors.  Generally, Operators are still apathetic, regarding genuine inspections and especially corrections.  However, most Operators usually become compliant but only after continuous reminders from City Stormwater Inspectors.
 
The City cannot inspect all sites monthly however this is not always necessary for adequate construction pollution containment.  Some sites do not have direct connection to piped and gutter drainage systems significantly reducing the runoff risk and some Operators are better at SWPPP self-regulation enabling the stormwater inspector to focus on sites with significant exposures and more non-compliant Operators.  Thorough SWPPP inspections and sufficient follow is very time intensive therefore the inspector must carefully select the sites needing the most attention.  In order for the City, to fully satisfy the MS4 Permit inspection and inspection follow-up requirements the program needs 2 full time inspectors.  It is estimated, an additional inspector could inspect construction sites and permanent sites for Long-Term Stormwater Management.  

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