SEC. 13-506. PERMIT REQUIREMENTS:
A Grading and Erosion Control Permit shall be required for all construction projects which disturb the soil except for those projects specifically exempted by Section 13-508. An application for a Grading and Erosion Control Permit shall be filed with the Director, on a form and submitted with information as requested by the Director. Contents of the form shall be as determined by the City Engineer. In addition to the application, the applicant shall submit any environmental review documents, any conditions of approval, NOIs and SWPPPs if appropriate and grading plans. Grading plans shall be prepared in conformance with the City’s requirements for Improvement Plans as delineated in Chapter 16, Development Code and Appendix J, California Building Code.
(Amended by Ordinance 026-07 – Effective December 27, 2007) (Added by Ordinance 005-97C.S. — Effective July 1, 1997)
SEC. 13-507. ADDITIONAL REGULATIONS:
Construction Activities Involving Disturbances of 1 Acre or More: Construction activities including but not limited to clearing, grading, or excavation of land, which disturbs 1 acre or more shall provide for effective control of erosion, sediment and all other pollutants from October 15 through April 15. The permittee shall be responsible for the installation and monitoring of effective erosion and sediment controls. Such controls may be evaluated by the Authorized Enforcement Officer, and shall be required to be in compliance with the following provisions:
A. Notice of Intent. Dischargers must file a Notice of Intent (NOI) along with the current filing fee established by the State Water Resources Control Board (SWRCB), for the development of each construction site, to the SWRCB. A copy of the NOI application and the dischargers' Waste Discharge Identification Number (WDID), which is issued by the SWRCB, shall be submitted to the City prior to the issuance of a grading permit.
B. Storm Water Pollution Prevention Plan. A Storm Water Pollution Prevention Plan (SWPPP) shall be developed and implemented for each construction site.
1. The name, address, and phone number (including a 24-hour emergency phone number) of the person responsible for implementation, inspecting, and reporting of the site SWPPP, shall be provided in writing to the City prior to issuance of a grading permit. The person responsible for the SWPPP shall continue to be available until completion of the project. Any change of such person responsible for the SWPPP shall be filed with the City within 24 hours, by the discharger filing the NOI.
2. Upon commencement of and during construction activities, a current copy of the SWPPP shall be kept on the construction site and made available to Authorized Enforcement Officers upon request.
3. Best Management Practices (BMPs) shall be maintained and in place for all areas that have been graded or disturbed and for all materials, equipment and/or operations that need protection.
4. Ownership Notification. If ownership of the construction site changes at any time prior to completion of construction, the new owner of the site shall provide the information required in subsections A, and B, above. The party transferring ownership of the construction site shall inform the new owner of this requirement. Notification pursuant to this section by the new owner shall not be required if permanent erosion and sediment control protection measures have been implemented on the construction site pursuant to Subsections C.9.b and c. below.
C. Construction Process. During the construction process the person identified as responsible for the SWPPP pursuant to Subsection B.1, above shall be required to:
1. Be present to ensure BMPs are functioning properly.
2. Conduct regular inspections to ascertain if BMPs should be modified to adjust for current site conditions.
3. Update the site copy of the SWPPP which identifies BMP changes required for current conditions. Revisions may be highlighted on the site copy of the SWPPP. All changes shall be noted at the latest, on the first working day subsequent to any actual field changes being made. For record purposes, the SWPPP title block shall reflect the date of any change.
4. Conduct inspection of the construction site prior to an anticipated rainstorm to ensure that the BMPs are adequate.
5. Conduct inspections subsequent to storm events to ensure that the BMPs are performed adequately. During multiple days of rain or rain of high intensity, conduct additional inspections as necessary to establish that all BMPs are performing adequately.
6. Ensure that equipment, material, and workers are available for rapid response to emergencies.
7. Perform necessary maintenance to BMPs within 48 hours of the conclusion of each storm.
8. Keep a record of all inspections performed on the site. This record shall be made available upon request to an authorized enforcement officer.
9. If a construction site becomes idle (a site which is inactive for a period of more than 30 days), compliance with the following shall be required:
a. All BMPs identified in the SWPPP shall continue to be maintained and the person responsible for the SWPPP shall remain in charge of the site; or
b. The SWPPP shall be revised to provide for permanent erosion protection. If a non-irrigated vegetation by seeding is proposed as primary erosion protection for the site, such seeding will not be considered acceptable until germination and adequate growth have taken place on all critical areas.
c. The City shall be notified in writing by the owner who filed the NOI that the construction site is or will become idle. The person responsible for the SWPPP shall inspect the site to ensure the site is adequately protected. Inspection by an authorized enforcement officer shall be requested. Any construction site found idle for 30 days without the installation of adequate protection measures and notification that the site is idle, shall be considered in violation of this section.
D. Monitoring Criteria. Monitoring for erosion and sediment control is required as detailed in this section. Site monitoring shall be done by the person responsible for the SWPPP. An authorized enforcement officer may also monitor site compliance at any time and require access to the updated site SWPPP and records of all inspections made. The site monitoring shall be conducted as determined by the Director of Municipal Utilities. The construction site may be considered in compliance with this section if the BMPs are deemed effective. The BMPs shall be deemed effective if:
1. Construction site sediment is not present outside the permit site or is not present on the site in an area which requires protection.
2. Structural controls are not breached or have not failed under storm events of minor intensity defined as a precipitation of two-year frequency and 24-hour duration.
3. Evidence of erosion is not present on manufactured and /or denuded natural slopes.
4. No evidence of construction site sediment buildup in downstream drains and/or drainage ways is apparent.
5. Controls are maintained in accordance with design guidelines.
6. The SWPPP is updated in accordance with the actual construction sequence and BMPs are installed according to actual construction progress.
7. The SWPPP includes sufficient BMPs to ensure that erosion and sediment and all other pollutants will be realistically controlled (to propose no BMPs is not acceptable).
E. The City may require the owner of the construction site that filed for the NOI to engage a registered civil engineer or other qualified professional within 24 hours, to supervise the implementation, inspection, and reporting of the site SWPPP. Such professional shall review the site SWPPP, make any necessary changes and/or additions, and report in writing to the Municipal Utilities Department to confirm that adequate BMPs have been installed; and continue to supervise the site SWPPP until the authorized enforcement officer agrees such supervision is no longer required.
F. When all site construction is completed, the owner who filed the NOI shall provide the Municipal Utilities Department with a copy of the Notice of Termination furnished to the State Water Resources Control Board.
(Amended by Ordinance 026-07 – Effective December 27, 2007) (Added by Ordinance 005-97C.S. — Effective July 1, 1997)
SEC. 13-508. PROJECTS EXEMPT FROM THE PERMIT:
A. A Grading and Erosion Control Permit shall not be required to grade, fill, excavate, store or dispose of earth material in accordance with the following:
1. Less than 50 cubic yards of material is involved or less than ½ acre is cleared and grubbed;
2. An excavation below finished grade for a structure authorized by a Building Permit conditioned with erosion control requirements;
3. Cemetery graves;
4. Refuse disposal sites controlled by other regulations;
5. Excavations for wells;
6. Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay, where established and provided for by law provided such operations do not affect the lateral pressure support or increase the stresses in or pressure upon any adjacent or contiguous property;
7. Exploratory excavations under the direction of a civil engineer, geotechnical engineer, or engineering geologist;
8. Production of agricultural crops.
(Added by Ordinance 005-97C.S. — Effective July 1, 1997)
SEC. 13-509. COORDINATION WITH OTHER REGULATIONS:
Grading and erosion measures proposed shall be in conformance with the City of Stockton's Storm Water Management Program and any Storm Water Quality Control Criteria Plan developed for the City. Projects required to file an NOI and prepare a SWPPP under the provisions of the California General Industrial Storm Water Permit or California General Construction Activity Storm Water Permit, shall not be relieved of said requirements by this permit. Projects may also be subject to applicable regulations under the federal Storm Water Effluent Limitation Guidelines.
(Added by Ordinance 005-97C.S. — Effective July 1, 1997)
SEC. 13-510. EROSION CONTROL REQUIREMENTS:
Projects that do not require a Grading and Erosion Control Permit due to an exemption based on amount of material and size of area, shall be subject to Erosion Control Requirements if a Building Permit is required. The Community Development Department shall upon issuing a Building Permit, delineate the required Erosion Control requirements (BMPs) as necessary to ensure compliance with the City's NPDES permit, State law and Federal Regulations. BMPs listed on the permit shall be in conformance with the Director's requirements that they be appropriate, implementable and maintainable. Selection of the appropriate BMP from California BMP Handbook or other source shall consider site topography, critical areas, soil properties, existing vegetation, and existing and future proposed drainage facilities. If appropriate in the Director's opinion, BMPs may consist of permanent physical features in addition to temporary measures that will be removed at the final sign off of the permit.
(Added by Ordinance 005-97C.S. — Effective July 1, 1997)
SEC. 13-511. NOTIFICATION OF VIOLATION:
It shall be the responsibility of the Permit Holder to notify the City within 24 hours of discovery of any storm water discharge from the construction site that is in violation of this ordinance. Notification shall include identification of the location of the violation, nature or cause of the violation and corrective actions taken and/or anticipated. Such notification shall not relieve the User or the Permit Holder of any expense, loss, damage, or other liability which may be incurred as a result of damage to the City or any other damage to person or property; nor shall such notification relieve the User of any fines, civil penalties, or other liabilities which may be imposed by applicable law.
(Added by Ordinance 005-97C.S. — Effective July 1, 1997)
Stockton, CA 
