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:
2017-2018
No development cases have been filed in opposition to pertinent construction ordinances, and ordinance has supported all upheld enforcement cases.  No reasons exist to update ordinance.
4.1 Program History:
2014-2015
Ordinance does not specifically mention the use of City SWPPP template for CGP projects.  The result is some inequality between CGP operator’s and increased staff work load.  The City SWPPP template is a revised native State SWPPP Template that answers many of the questions by Operators.  Recommendation: Ordinance should require that CGP operator’s use the City SWPPP template to improve the quality of SWPPPs and create equality between CGP operators.  See 4.3 Land Disturbance Permit program for support documentation.

2015-2016
Last year it was noted that the Ordinance did not specifically mention the use of City SWPPP template for CGP projects.  This inefficiency was solved by reverting back to the State CGP SWPPP template making it unnecessary to amend the ordinance.  The City still uses its own SWPPP template but the differences are mainly instruction text making it less of a problem when applicants use the native State SWPPP CGP and CPoD residential templates.



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 pertinate enforcement documentation.  These can be requested.
Conclusion:
2017-2018
Previous years including half of this report period stormwater enforcement primarily invoved Building Department holds and NOV's received less support.  This method had moderate success however, response to compliance was often inadequate.  NOV's use has received more support the later half of this period and the Stormwater Division personnel feels NOV application will improve compliance but it is still a little to soon to show a measure of program improvement.    
The Land Disturbance permit Summary Report contains the support data.
4.2 Program History
2014-2015
One notice of violation was filed for intentional dumping.  The rest of the cases were private residential dirt and firework debris violations.  Currently, the City is handling these level of issues with warnings.  This has worked for some but not the majority of offenders.  Improvement is necessary.
See program 4.3 Land Disturbance Program for permit work enforcement conclusions.

2015-2016
(2) Notice of Violations, (1) Stop Work Order were issued and (26) Building Inspections Holds were placed on permit work this report period.   Riverton has found that a genuinely prepared SWPPP and the use of Building Permit Holds reduces the need to write citations and is usually sufficient to manage most permit related cases. 
 

4.3: Land Disturbance Permit
Year Executed: 2011
Amended: 2015-09-29
Reference Regulation:
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. Contractural terms and conditions supporting City ordinance and GCP, CPoD and MS4 regulation.
There are four SWPPP templates written for the 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.
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:
2018-2019
The program overall is functioning successfully.  Riverton staff focuses on education and the most effective education was accomplished at the SWPPP review process.  On average this year City SWPPP inspector spent approximately (1) hour and more with each permit applicant explaining how to prepare SWPPPs and answering questions.  SWPPP writers whe were also the site superintendant or very involved site operations it was clear their was a greater understanding of BMPs and site conformance.  On average SWPPP reviews took 2 iterations before a LDP is issued a slight decrease over last year and in past it took 4-5 iterations. This ensures the operator or at least the SWPPP preparer understands the SWPPP requirements.  Staff has found complete and coherent SWPPPs results in better compliance in addition to more meaningful documentation, however overall SWPPP implementation is still poor.  
Only 4 LDP holders stood out as making a genuine effort to maintain the SWPPP records, their sites were also well kept and City inspector oversight was minimal.  Three were small residential builders building a hand full of homes in developed subdivisions and one commercial builder.

However, most other residential home and commercial builders did not genuinely implement their SWPPPs and this was reflected by their site conditions and they received many warranted public complaints.  The City inspector reported non-compliance for more-less the same issues each month.  Many times the small residential and commercial builder Operator/SWPPP Manager was not on site and it appeared there was very little operator supervision of tradesmen and suppliers and the training records for tradesmen and suppliers were absent.  The big residential and commercial builders with full time inspectors were a step better, there was an increase in inspections and maintenance records which should be expected by companies with full time inspectors but far too often maintenance was inadequate and little effort if any was made to prevent the problems from reoccurring without City inspection and enforcement influence.  Even though an increase of issues and complaints is expected for large projects there were too many warranted public complaints and reoccurring non-compliance.  As with the small builder it appeared the tradesmen and suppliers of big builders were also not aware of the SWPPP requirements and training records were absent.




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:

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