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MCM4 Regulation Summary
Minimum Control Measure 4 regulates the Construction General Permit (CGP) UTR00000 programs but it also includes non-CGP regulated construction and maintenance projects that impact water quality. See Table A for joining MCM4 sections to SWMP Programs
MCM4 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.
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.
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:
2022-2023
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 non NOI regulated 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.
Implement programs requiring compliance with CGP, CPP regulation and non NOI regulated 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.
LDP Purpose Summary:
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.
LDP Purpose Summary:
- Contractual terms and conditions governed by City ordinance and CGP, CPP and MS4 permit regulation.
- LDP enforcement terms and conditions.
- A SWPPP review process.
- A SWPPP managed via an internet-based system for Operators, Operator staff, subcontractors, suppliers, utility companies, and inspection by MS4, DEQ, EPA, City & general public.
- 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 throughout construction projects.
- Mechanism to open and close projects for managing compliance with UPDES.
There are four SWPPP templates offered for various anticipated types of construction projects:
1. CGP Projects
2. CPP Projects
3. NOI Exempt Projects
4. Short Term Projects
Note: Most City projects need some water quality controls but not all City projects need a Land Disturbance Permit. The construction controls that are not CGP & CPP regulated can be supervised by City project managers, including but not limited to, Right of Way, Streets, Water and Parks Divisions. 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.
1. CGP Projects
2. CPP Projects
3. NOI Exempt Projects
4. Short Term Projects
Note: Most City projects need some water quality controls but not all City projects need a Land Disturbance Permit. The construction controls that are not CGP & CPP regulated can be supervised by City project managers, including but not limited to, Right of Way, Streets, Water and Parks Divisions. 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. The Riverton Program's are 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.
City construction related projects SOP compliance are measured by those specific programs.
The overall program measure of success is described by the conclusion herein and the Annual Land Disturbance Permit Program Summary Report.
City construction related projects SOP compliance are measured by those specific programs.
The overall program measure of success is described by the conclusion herein and 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:
2022-2023
Operators are not self-regulated which the program implies is not working as well as it could however program training, SWPPP implementation and enforcement of the LDP program procedures are functioning resulting in site containment. City staff's hope is to reach CGP&CPP compliance with a reduced number of deficient SWPPP inspection reports. Currently SWPPP conpliance and containment is directly the result of regular City Inspector SWPPP correction notices and enforcement. It is staff's opinion there are still industry wide UPDES perceptions that are driving Operator self-regulation deficiencies. Although this is getting better the respect for the CGP and CPP is still low.
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 projects conform to Land Disturbance Permit requirements.
Land Disturbance Permit Program enforcement is adequate however, the City Land Disturbance Program reported 7 NOV's but the prosecutor does not have a record. 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, are more-less ingenuine, and sometimes lack adequate understanding, however the SWPPPs have been improving each year with realistic BMPs prior to issuing the permit. Still, most of the time Operators are 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 the non-compliant Operators. Thorough SWPPP inspections and sufficient follow-up 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 sites for Long-Term Stormwater Management.
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 projects conform to Land Disturbance Permit requirements.
Land Disturbance Permit Program enforcement is adequate however, the City Land Disturbance Program reported 7 NOV's but the prosecutor does not have a record. 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, are more-less ingenuine, and sometimes lack adequate understanding, however the SWPPPs have been improving each year with realistic BMPs prior to issuing the permit. Still, most of the time Operators are 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 the non-compliant Operators. Thorough SWPPP inspections and sufficient follow-up 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 sites for Long-Term Stormwater Management.