HomeMy WebLinkAbout2006-OR-21 City of Jeffersonville, Indiana
Qualified Professional Certification Ordinance
2006-0R-21
Introduction:
The construction site inspection and enforcement program is designed to meet the
USEPA Rules and Regulations promulgated in the Federal Register on December
8, 1999 (64 FR 68722), regarding the National Pollutant Discharge Elimination
System (NPDES) Municipal Separate Storm Sewer System (MS4) Phase II permit
program. The NPDES MS4 Phase II program addresses construction runoff
control and requires inspection of these controls by a trained individual as laid out
in 327 IAC 15-5-7(18). This ordinance provides construction site inspection and
enforcement and outlines a program consistent with the Construction Site Runoff
Control Ordinance (2004-0R-56).
[HND1]
A. Consistency with Construction Site Runoff Control Ordinance (2004-0R-
56)
This Qualified Professional Certification Ordinance codifies the
requirements for trained individuals and Qualified Professionals contained in
2004-OR-56. Changes to either document should be reflected in the other to
avoid conflicts that may limit the effectiveness of the ordinance or the
enforcement program.
The Construction Site Runoff Control Ordinance requires the following
inspections.
1. Self-inspections by a Qualified Professional.
2. Oversight inspections performed by City of Jeffersonville or its
representative. The oversight inspections include:
a. Approval of sediment controls implemented in accordance with a
Perimeter/OutfalI Protection Permit.
b. Periodic unscheduled inspections to verify compliance with a Storm
Water Quality Management Permit.
c. Final inspection closing out permit holder responsibilities Storm
kVater Quality Management Permit.
City of Jeffersonville, Indiana
Qualified Professional Certification Ordinance
Under the Construction Site Runoff Control Ordinance, the Storm Water
Quality Management Permit holder is required to have frequent inspections
performed by a Qualified Professional and to perform maintenance
accordingly, as required by 327 IAC 15-5. However, qualification and
training of the Qualified Professional is not specified. This ordinance
specifies the Qualified Professional definition that City of Jeffersonville can
use to verify the inspections and resulting maintenance are being performed
adequately.
This ordinance includes the following issues:
Section 1 - Title, Purpose and General Provisions
This section provides the background and basis for the requirements.
Section 2 - Qualified Professionals for Construction Site Inspections
This section provides details about the registration and certification of
Qualified Professionals. This section requires training and the completion
of a written exam for certification unless the applicant can demonstrate
specialized knowledge of erosion control measures as approved by the
City. For example, an individual who is recognized as a Certified
Professional by the International Erosion Control Association, a more
stringent certification program than that required by the City, would
potentially be exempt from additional training.
Additionally this section delineates the responsibilities of the Qualified
Professional to inspect permitted sites and work with City of
Jeffersonville or its designated inspection agent to ensure proper
maintenance of perimeter controls and other BMPs on the site.
Section 3 - Enforcement
This section provides the authority and mechanism to enforce the
provisions of this ordinance. It is important that the City have a means to
enforce the ordinance to provide stability and incentive for compliance.
· Section 4 - Severability
This section states that if one section is determined to be invalid then the
remainder is still valid. Furthermore, if there is another regulatory
mechanism addressing the same issue then the more restrictive shall
apply.
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City of Jeffersonville, Indiana
Qualified Professional Certification Ordinance
Section I Title, Purpose and General Provisions
Section 1.1 - Title
This article shall be known as the "Qualified Professional Certification
Ordinance" of City of Jeffersonville, Indiana and may be so cited.
Section 1.2 - Jurisdiction
1.2.1 The Qualified Professional Certification Ordinance shall provide
certification requirements for site inspectors for all properties within
the jurisdictional boundaries of City of Jeffersonville, Indiana.
1.2.2
There are two scenarios that require construction site inspection
within City of Jeffersonville's municipal separate storm sewer (MS4)
area:
1.2.2.1 For projects located exclusively within City of
Jeffersonville's MS4 area (jurisdictional boundaries), all project
site owners shall retain the services of a Qualified Professional for
site inspections as presented in this ordinance.
1.2.2.2 For projects located only .partially inside City of
Jeffersonviile's MS4 area, the project site owner must comply
with the requirements of this ordinance and may also be required
to comply with 327 IAC 15-5 (Rule 5) or another MS4
community's construction site runoff control and/or qualified
professional inspection ordinance. The portions of such projects
located within City of Jeffersonville must meet the requirements of
this ordinance, at a minimum.
Section 1.3 - Demonstration of Need
1.3.1 Whereas, a self-monitoring program for erosion and sedimentatiOn
control is required by state regulation (327 IAC 15-5-7(18)) for
construction disturbing greater than one (1) acre of land.
1.3.2 Whereas, a trained individual is required to perform written
evaluations of the construction site.
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City of Jeffersonville, Indiana
Qualified Professional Certification Ordinance
1.3.3 Whereas, requirements for training should be codified in order to
make other laws concerning construction (2004-OR-56) enforceable.
Section 1.4 - Objectives
1.4.1 To clarify the requirements for a trained individual as described in
327 IAC 15-5 (Rule 5), and the Construction Site Runoff Control
Ordinance (2004-0R-56).
1.4.2
To comply with state and federal stormwater regulations developed
pursuant to the Clean Water Act Amendments of 1987 and subsequent
amendments. The objectives of these regulations include:
1.4.2.1 Managing the quality of water discharged to the municipal
separate storm sewer system by controlling the contribution of
pollutants associated with residential, commercial and
industrial activity.
1.4.2.2 Controlling stormwater pollution caused by the suspension
and transport of soils and other sediments.
1.4.2.3 Minimizing the impacts of new development and/or areas of
significant redevelopment on water quality.
1.4.3 To minimize damage to public facilities and utilities, such as water
and gas mains, telephone and sewer lines, streets, bridges and
culverts.
1.4.4 To control the discharge of sediment and construction site materials
into the stormwater system.
Section 1.5 - Definitions
Municipal Separate Storm Sewer System (MS4) means a conveyance or
system of conveyances, including roads with drainage systems, municipal
streets, catch basins, curbs, gutters, ditches, manmade channels, or storm
drains, that is:
(A) owned or operated by a:
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City of Jeffersonville, Indiana
Qualified Professional Certification Ordinance
(i) federal, state, city, town, City, district, association, or other
public body (created by or pursuant to state law) having
jurisdiction over storm water, including special districts under
state law such as a sewer district, flood control district, or
drainage district, or similar entity, or a designated and approved
management agency under Section 208 of the Clean Water Act
(33 U.S.C. 1288) that discharges into waters of the state; or
(ii) privately owned storm water utility, hospital, university, or
college having jurisdiction over storm water that discharges
into waters of the state;
(B) designed or used for collecting or conveying storm water;
(C) not a combined sewer; and
(D) not part of a publicly owned treatment works (POTW) as defined
at 40 CFR 122.2.
Perimeter/Outfall Protection Permit is a legal document that allows the
permit holder to break ground or disturb soil in order to install sediment
control practices at the hydrologic perimeter / outfall(s) of a construction
site. This document does not give permission to the permit holder to break
ground or disturb soil on an entire construction site, as is granted through the
issuance of a Stormwater Quality Management Permit.
Person means, except to the extent exempted from this ordinance, any
individual, partnership, firm, association, joint venture, public or private
corporation, trust, estate, commission, board, public or private institution,
utility, cooperative, city, town, County or other political subdivision of the
State, any interstate body or any other legal entity.
Qualified Professional means an individual who is trained and experienced
in storm water treatment techniques and related fields as may be
demonstrated by professional certification or completion of coursework that
enable the individual to make sound, professional judgments regm'ding
storm water control, treatment and monitoring, pollutant fate and transport,
and drainage planning.
Stormwater Quality Management Permit: is a legal document that allows the
permit holder to break ground or disturb soil on an entire construction site
within the provisions of a Grading Plan and a Stormwater Pollution
Prevention Plan. The permit addresses erosion prevention, sediment control
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City of Jeffersonville, Indiana
Qualified Professional Certification Ordinance
and non-sediment pollution prevention activities. The plans for this permit
and the Perimeter/Outfall Protection Permit are approved simultaneously.
However, the Stormwater Quality Management Permit is only issued after
the provisions of the Perimeter/Outfall Protection Permit have been
implemented, inspected and accepted. Approval of plans for a Stormwater
Quality Management Permit does not constitute issuance of the permit.
Section 2 - Qualified Professionals for Construction Site Inspections
2.1
Qualified Professional Inspections
2.1.1 A Stormwater Quality Management Permit holder is required to
utilize a Qualified Professional to perform inspections and
direct and/or supervise maintenance activities to ensure that the
provisions of the Perimeter/Outfall Protection Permit and the
Stormwater Quality Management Permit are being
implemented properly.
2.2 Qualified Professional Registration
2.2.1
All Qualified Professionals performing inspections or
overseeing maintenance activities under the Construction Site
Runoff Control Ordinance must be registered with City of
Jeffersonville and certified prior to execution of those actions.
All applicants must file an application with City of
Jeffersonville. Applicants must demonstrate knowledge of 1.)
construction practices, 2.) operational standards, 3.) cause and
failure indicators and 4.) maintenance measures used to prevent
and correct failures.
2.2.2 Qualified Professional applicants may be required to pay a
registration fee.
2.3
Qualified Professional Certification
2.3.1 All Qualified Professional applicants are required to
satisfactorily .complete a training course approved by City of
Jeffersonville unless exempted by the City.
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City of Jeffersonville, Indiana
Qualified Professional Certification Ordinance
2.3.1.1 Exemption may be provided to those individuals
that can demonstrate other specialized certifications or
registration that focuses on erosion prevention, sediment
control and other pollution prevention practices.
Exempted certifications include:
2.3.1.1.1
Certified Professional in Erosion and Sediment
Control (CPESC) by the International Erosion
Control Association (IECA).
2.3.1.1.2
Certified Professional in Stormwater Quality
(CPSWQ) by the International Erosion Control
Association (IECA).
2.3.1.1.3
Any other specialized certification or
registration deemed acceptable by City of
Jeffersonville.
2.3.1.2 ExemPtion shall not be applied to individuals
solely on the basis of Professional Engineer or Surveyor
licensure/registration.
2.3.2 All Qualified Professional applicants are required to
successfully pass a written exam unless exempted by the City.
2.3.2.1 The exam will cover construction practices,
operational standards, and causes and indicators of
stormwater quality management system failures and
corrective actions as approved by City of Jeffersonville.
2.3.2.2 Exemption may be provided to those individuals
that can demonstrate other specialized certifications or
registration that focuses on erosion prevention, sediment
control and other pollution prevention practices as stated
above.
2.3.2.3 Exemption shall not be applied to individuals
solely on the basis of Professional Engineer or Surveyor
licensure/registration.
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City of Jeffersonville, Indiana
Qualified Professional Certification Ordinance
2.4
2.5
2.3.3 All Qualified Professional applicants are required to be re-
certified every five (5) years.
2.3.3.1 Recertification requirements will be fulfilled by
meeting conditions outlined above for initial certification.
Responsibilities of Qualified Professional
2.4.1 Sign the Notice of Intent (NOI) letter as required by 2004-OR-
56.
2.4.2 Inspect control measures as required by 2004-OR-56.
2.4.3 Complete self-inspection form.
2.4.4 Discuss findings and results of oversight inspections performed
by City of Jeffersonville or its designated agents with the agent.
Findings may include:
2.4.4.1 Recommendations to avoid future erosion
prevention, sediment control or pollution prevention
problems.
2.4.4.2 Deficiencies or violations in the Perimieter Control
Plan or Stormwater Pollution Prevention Plan, actions to
address these problems, and schedule for implementation
of action plan.
Administrative actions to be issued and followed.
2.4.4.3
2.4.4.4
Schedule for
confirmation) site visits.
Responsibilities of City of Jeffersonville
2.5.1 Administer and enforce this ordinance.
any follow-up (compliance
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City of Jeffersonville, Indiana
Qualified Professional Certification Ordinance
2.5.2 Advertise training and exams sponsored
Jeffersonville two (2) times per year.
by City of
2.5.3 Other applicable duties outlined in 2004-OR-56 Section 5.5.
2.6
Fees
2.6.1
2.6.2
City of Jeffersonville requires payment of a fee of $250 per
Qualified Professional to cover expenses, including but not
limited to overhead, labor, storage, training, etc., associated
with the certification, training and inspection process.
Fees shall be paid prior to a certification trmm g course and/or
exam.
Section 3 - Enforcement
3.1
City of Jeffersonville or its designated representative will enforce this
Ordinance.
3.2
City of Jeffersonville may de-certify any Qualified Professional under
the terms outlined in 2004-OR-56 Section 5.4.7.
3.3
A civil penalty of not more than $2,500.00 may be assessed for
violation of this article.
3.4
City of Jeffersonville may institute appropriate actions against other
persons in response to violations of this ordinance as described in
2004-OR-56 Section 6.
Section 4 - Severability
4.1
Should any article, section, subsection, clause or provision of this
Ordinance be declared by a court of competent jurisdiction to be
unconstitutional or invalid, such decision shall not affect the validity
of the Ordinance as a whole or any part thereof other than the part
declared to be unconstitutional or invalid, each article, section clause
and provision being declared severable.
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City of Jeffersonville, Indiana
Qualified Professional Certification Ordinance
4.2
If any provisions of this Ordinance and any other provisions of law
impose overlapping or contradictory regulations, or contain any
restrictions covering any of the same subject matter, that provision
which is more restrictive or imposes higher standards or requirements
shall govern.
This Ordinance shall be in full force and effect from and after its passage
and approval.
Passed this
day of
Robert
Presiding
)ffider
ATTEST:
Peggy ~Fi'l'de r
Clerk-Treasurer
Presented by me as Clerk and Treasurer to the Mayor of said City of
Jeffersonville this .~'~UD~day of /T~//~/ ,2006.
~(.~0~his Ordinance
,2006.
Peggy Wilder
Clerk-Treasurer
approved and signed by me this q~C~..~ day of
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City of Jeffersonville, Indiana
Qualified Professional Certification Ordinance
Robert ~a~ May
or
H:Legals/Ordinance/Jeff-IN. Qualified Professional Certification Ordinance
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