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HomeMy Public PortalAboutMCM 5 SOP - MS4 Stormwater MCM5 Enforcement PlanMETROPOLITAN ST. LOUIS SEWER DISTRICT STORMWATER MANAGEMENT FACILITIES (BMP) OPERATION AND MAINTENANCE ENFORCEMENT RESPONSE PLAN Adopted February 2008 Revised J uly 2020 RICHARD L. UNVERFERTH, MSD DIRECTOR OF ENGINEERING SIGNATURE:_____________________________DATE:____________ JASON T. PETEREIN, MSD DEC PROGRAM MANAGER SIGNA7URE:_____________________________DATE:____________ NVERFERTH MSD DIRECTOR ________________________________07-13-2020 07-13-2020 1 Table of Contents 1.0 INTRODUCTION ...................................................................................................... 2 2.0 ENFORCEMENT RESPONSE ELEMENTS ............................................................ 2 2.1 Legal Authority ...................................................................................................... 3 2.2 Operation And Maintenance Design Report And Plan .......................................... 3 2.3 Maintenance Agreement ....................................................................................... 3 2.4 Record Keeping .................................................................................................... 4 2.5 Data Processing ................................................................................................... 4 2.6 Compliance Monitoring Procedures ...................................................................... 4 2.7 Field Inspections ................................................................................................... 4 3.0 ENFORCEMENT RESPONSE GUIDE .................................................................... 5 3.1 Informal Enforcement ........................................................................................... 5 3.1.2 Meetings......................................................................................................... 6 3.1.3 Written Notification ......................................................................................... 6 3.2 Formal Enforcement ............................................................................................. 7 3.2.1 Notice Of Violation (NOVs) ............................................................................. 7 3.2.2 Administrative Orders ..................................................................................... 8 3.2.3 Emergency Action .......................................................................................... 8 3.2.4 Legal Action ................................................................................................... 8 3.2.5 Recovery Of Costs ......................................................................................... 9 APPENDICES ............................................................................................................... 10 2 1.0 INTRODUCTION The Metropolitan St. Louis Sewer District was created as a result of the adoption of the Plan submitted to the voters by a board of Freeholders from St. Louis City and County in February of 1954. The District serves all of the City of St. Louis and most of St. Louis County, and is administered by a six member Board of Trustees, three of which are appointed by the mayor of St. Louis and three by the St. Louis County Executive. The service area encompasses approximately 520 square miles, over 9,500 miles of sanitary, storm and combined sewer systems, and 7 wastewater plants which treat an average flow of 350+ MGD. The District treats wastewater and manages stormwater from nearly 1.3 million people and 30,000 industrial and commercial customers. The area served includes approximately 90 municipalities. 1.1 Engineering Department The Division of Environmental Compliance (DEC) has responsibility as Coordinating Authority for administering the St. Louis Metropolitan Small MS4 General Stormwater Operating Permit issued by the Missouri Department of Natural Resources to MSD and 60 co-permittees. One of the permit requirements for minimum control measure #5, post-construction storm water management in new development and redevelopment requires MSD to implement best management practices (BMPs) to minimize water quality impacts and to ensure adequate long-term operation and maintenance of BMPs. The Planning Division is responsible for development plan review to ensure all stormwater drainage facilities within the District are designed according to MSD’s Rules and Regulations and Engineering Design Requirements for Sanitary Sewer and Stormwater Drainage Facilities. These Rules and Regulations require plans submitted by property developers to contain best management practices to meet the water quality and channel protection criteria, effective February 1, 2018 and, as amended. Construction Management Division inspects the construction of the stormwater best management practices and gives final approval to developers. All BMPs are owned, operated and maintained by the property owners. This Enforcement Response Plan is the means by which MSD will ensure adequate operation and maintenance of BMPs. The Environmental Compliance Division is responsible for the implementation of the enforcement provisions of this Plan to ensure that property owners operate and maintain their BMPs properly. 2.0 ENFORCEMENT RESPONSE ELEMENTS Various elements are required for the development and implementation of an effective Enforcement Response Plan. Implementation of this plan should accomplish the goal of ensuring that all BMPs are properly maintained and operate as designed. These elements are discussed in this section. 3 2.1 Legal Authority The District has authority to make and enforce rules and regulations on the design, operation and maintenance of stormwater facilities in MSD Ordinance 9030. Section Five requires property owners of private stormwater facilities to clean and maintain the facility to ensure proper operation. Section Six authorizes the MSD Executive Director to make and enforce rules and regulations to prescribe the design, operation and maintenance of stormwater facilities, and facilitate the enforcement of the Ordinance 9030. The design requirements, effective February 1, 2018, were adopted by the MSD Board of Trustees on January 11, 2018 in Resolution 3394. Under Section Seventeen of Ordinance 9030, any person violating any of the provisions of the Ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $50.00 nor more than $500.00, and each day's violation shall constitute a separate offense. The District currently regulates BMPs through its Sewer Use Ordinance 15048. The ordinance provides for, but is not limited to the following actions: Notification of Violations Liability Due to Violations Administrative Orders Recovery of Costs Emergency Action Publication of Violators Legal Actions and Penalties 2.2 Operation And Maintenance Design Report And Plan MSD’s Rules and Regulations and Engineering Design Requirements for Sanitary Sewer and Stormwater Drainage Facilities Section 4.060, General Performance Criteria for Stormwater Management for Development and Redevelopment Projects, requires submittal of a Stormwater Management Facilities (BMP) Operation and Maintenance Design Report and Plan. The Plan will detail the continuing resources, procedures and schedules to be used by the property owner to properly operate and maintain the facilities. This Plan must be included in a recorded Maintenance Agreement by reference. 2.3 Maintenance Agreement Rules and Regulations Section 4.060.08, Maintenance Agreement, requires the property owners of the detention basin, pond or urban BMP to execute a District Maintenance Agreement to insure the facilities will be kept in working order, to the satisfaction of the District. This section also requires submittal to MSD of an Annual Maintenance Report to indicate performance of the required maintenance, operation and repairs of the facilities. See Appendix A for a copy of a typical maintenance agreement. If the property owner fails to maintain the facilities, MSD is permitted to enter onto the property to make the repairs and perform maintenance, and bill the owners for services performed. This agreement is recorded with the property deed and is applicable to successors in title to the property. 4 2.4 Record Keeping The Planning Division maintains BMP property maintenance agreements and Stormwater Management Facilities (BMP) Operation and Maintenance Design Report and Plans in the MSD Central Files. and cloud based Accela® plan review, permitting, and construction inspection tracking system. DEC maintains BMP field inspections, enforcement related actions, and owner annual operation and maintenance reports in IBM® Maximo® asset management software. These records are open to the public upon written request under the Federal Freedom of Information Act and Missouri’s Sunshine Law. 2.5 Data Processing Planning Division keeps a database listing hundreds of projects annually along with their date of BMP Construction Approval. This database is used by the ESRI ArcGIS® software to map BMP facility locations and attribute specific information to each asset, such as the date for BMP Construction Approval. BMP asset information is entered into IBM® Maximo® where it is accessed by DEC for scheduling and documenting field inspections. DEC uses SAP BusinessObjects BI Launch Pad for extracting BMP data from IBM® Maximo®. IBM® Maximo® is also used for tracking annual report submissions and enforcement actions. 2.6 Compliance Monitoring Procedures Measures will be taken by DEC to ensure BMPs are being properly maintained by property owners. At the start of each calendar year, owners of all public/private development projects with water quality BMPs will be mailed a reminder letter that their annual report for the previous year will be due by March 31 of the current year. In cases where required annual reports are not received by the due date of March 31, a follow up written notification will be mailed reminding the property owner of this obligation. For property owners who have been sent a specific request reminding them of this reporting obligation, and whose reports are over one year delinquent, an enforcement response will be initiated. Quality assurance review of a percentage of the annual reports submitted will be performed to ensure that the reported maintenance corresponds with the schedule in the Stormwater Management Facilities (BMP) Operation and Maintenance Design Report and Plan. If reported maintenance is not being performed according to the Plan, such that the designed performance of the BMP may be affected, an enforcement response will be initiated. The percentage checked may be increased (or decreased) based on the overall noncompliance (or compliance) of property owners with the Plans. 2.7 Field Inspections Field inspections to verify compliance with the Stormwater Management Facilities (BMP) Operation and Maintenance Design Report and Plan are a significant element in evaluating the compliance status of the Maintenance Agreements and in determining appropriate enforcement responses. As part of the BMP approval process, the first inspection for any given facility will be conducted by Construction Management to ensure the system has been installed properly. DEC will be responsible for routine field 5 inspections thereafter. DEC inspections will be scheduled on a continuing 3 year cycle to ensure required maintenance is being performed. Typical inspection findings requiring follow-up action may include, but not be limited to the following: erosion or sedimentation issues; excessive weed growth, presence of excessive invasive plant species, excessive trash or other debris; and, structural problems. Depending on the category of BMP, the frequency of the inspection schedule may be increased or decreased to correspond to the frequency in the maintenance plan and the District’s program experience to ensure the necessary maintenance is actually performed in a timely manner. More frequent, higher priority inspections will be scheduled for those properties where DEC has received a complaint related to the maintenance or function of a BMP(s); or when the property has been subject to an enforcement response, such as for not submitting annual reports or not properly maintaining the BMPs. Preferably, announced inspections will be scheduled at least one week in advance. Notifying the property owner in advance improves communication and will potentially result in a knowledgeable person being available to answer questions and to have any required records readily available. DEC will seek out opportunities to provide assistance to new BMP owners in order to provide information on inspection, maintenance, and reporting requirements for their approved system. An inspection checklist and database report form will be used to record and report the results of the field inspection. Facilities that require repair or maintenance will be subject to an enforcement response. Inspection results will be tracked in IBM® Maximo®. 3.0 ENFORCEMENT RESPONSE GUIDE When an enforcement response is to be initiated, the following factors will be taken into consideration: Magnitude of the violation Duration of the violation Effect of the violation on receiving waters Effect of the violation on the District Compliance history of the property owner Good faith of the property owner Enforcement responses are made based on the following Enforcement Response Guide. 3.1 Informal Enforcement Minor maintenance issues or administrative violations are normally addressed through the use of an informal enforcement action. Informal actions generally promote a more cooperative spirit from the property owner and result in open communication. Informal enforcement actions are also less resource intensive and may take the form of any of the following actions: telephone notification, meetings, or written notification of requirements. A corrective action response is required within a reasonable time frame after the notification. Typically, a response indicating action taken or at least a 6 timeframe for future action is required within 30 days. It is anticipated that an ongoing emphasis will need to be placed on public education and the use of informal enforcement actions until the regulated entities are clearly aware of their maintenance responsibilities and the legal implications. Once property owners are clearly aware of this, formal enforcement can be used to achieve compliance. Records of informal enforcement actions and owner responses shall be maintained in DEC’s IBM ® Maximo® database. 3.1.1 Telephone Notification This type of enforcement response provides a rapid means of obtaining information and resolving minor, unintentional violations. It is essential when a rapid response is required. Prompt response to such notifications indicates that the property owner and the District are serious about enforcing plan requirements. A prompt response also substantiates the good faith attitude of a property owner. A record is made of the date, time, person contacted, and the subject of the conversation. The telephone notification may be followed by written notification, depending on the type, response to, and seriousness of the issue. 3.1.2 Meetings Meetings provide a means of obtaining corrective action by clarifying, face-to-face, the property owner’s legal responsibilities in meeting plan requirements. Typically, meetings are attended by the individual most capable of making the necessary monetary commitment required to correct the problem. The District is represented by members of the Engineering Department staff. If agreement cannot be reached, the meeting does not preclude formal enforcement proceedings. Notes on the meeting are taken by participants and a written summary of agreements reached is sent to other responsible parties participating in the meeting. Notes and the written summary of agreements is maintained in DEC’s IBM® Maximo® database. 3.1.3 Written Notification A written notification of the property owner’s responsibilities and how these requirements are not being fulfilled is an informal enforcement tool used early in the enforcement process. It is an official communication from the District to the property owner indicating that action is required to comply with the requirements applicable to the stormwater facilities. It is important documentation to have as a baseline prior to formal enforcement action to ensure that the property owners is aware of their obligations and what action they need to take. If the property owner does not take action to comply with their Stormwater Management Facilities (BMP) Operation and Maintenance Design Report and Plan and Maintenance Agreement, more stringent enforcement actions are taken. A written notification of responsibilities can include general educational materials written to inform the public of their responsibilities, and/or may include very specific instruction regarding the nature of the problem and specific corrective action that must be taken. The notice should include a date for the required action or written response stating intentions to take the required action by a specific date. The notice should also warn property owners of the seriousness of the issue and that failure to comply may be cause for further enforcement action by the District. 7 Written notification of requirements is an effective enforcement tool in that they allow the property owners to correct the problem on their own initiative rather than requiring the District to take action, thus fostering a cooperative environment between the District and the property owner. Copies of all site-specific notices are maintained in DEC’s IBM® Maximo® database. 3.2 Formal Enforcement Failure of a property owner to comply with informal enforcement responses will result in formal enforcement actions. The District’s sewer use ordinance 15048 provides a multiplicity of formal enforcement tools including NOVs, Administrative Orders, Emergency Action, Legal Action, and Cost Recovery. Records of formal enforcement actions and owner responses shall be maintained in DEC’s IBM® Maximo® database. 3.2.1 Notice Of Violation (NOVs) Notices of violation are used for formal enforcement actions, though they are not a prerequisite for other enforcement alternatives. They are used primarily to formally communicate to the property owner that violations have occurred and further enforcement action is being considered. A written notice of violation is an enforcement tool considered more serious than a telephone notification but less serious than an Administrative Order. It is an official communication from the District to the property owner that a violation has occurred. If the owner does not return to compliance, more stringent enforcement actions are taken. Notices of violation can also include provisions to recover costs, initiate compliance schedules and as notification that further enforcement action is to be taken. A notice of violation contains the following information: a) Date, time and location where the violation occurred, or was identified through an inspection; b) Nature of the violation, including, the standard for compliance and action necessary to return to compliance; c) Date for required written response; d) Warning that failure to comply may be cause for further enforcement action. NOVs are an effective enforcement tool in that they allow the property owner to correct the violation on their own initiative rather than on a District compliance schedule, thus fostering a cooperative environment. Copies of all NOVs are maintained in the hard copy files, and the actions are also recorded in the database used to track enforcement actions. 8 3.2.2 Administrative Orders The District is authorized by its sewer use ordinance to issue administrative orders any time such action is deemed appropriate to secure timely and effective compliance with the ordinance, a condition of a discharge permit or any federal pretreatment requirement. The administrative order may be in any of the following forms: Cease and Desist Order - The District may issue an order to cease and desist violation and to direct the property owner to comply or take such remedial or preventive action as may be needed to properly address the violation. Compliance Order - The District may issue an order requiring a property owner to provide, within a specified period of time, such structural or nonstructural stormwater management facilities as are necessary to correct a violation. A compliance order may also direct that a property owner provide improved operation and maintenance of existing facilities, conduct additional self- monitoring or submit appropriate management plans. Show Cause Order - The District may issue an order to show cause why a proposed enforcement action should not be taken. Notice shall be served on the property owner specifying the time and place for a meeting, the proposed enforcement action and the reasons for such action, and a request that the owner show cause why the proposed enforcement action should not be taken. Whether or not a duly notified owner appears, additional enforcement action may be initiated. Consent Order - The District may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with a property owner. Such orders shall include specific actions to be taken by the owner and specific time frames to correct a violation or to remove the threat of a violation. 3.2.3 Emergency Action If a property owner has failed to take action within the time established in a notice or order to eliminate an imminent threat to humans or to the environment or to the effective operation of District facilities, the District may take such action as deemed necessary, including work by District personnel to eliminate the threat or to mitigate the impact on the District’s system or the environment. 3.2.4 Legal Action If all other formal enforcement efforts have been unsuccessful in bringing a property owner into compliance or if the violation warrants, legal action will be initiated. This method of enforcement is labor intensive. A legal file is prepared requesting the District’s Legal Counsel to bring legal action against the user. The process may be originated by the DEC Program Manager with the approval of the Assistant Director of 9 Engineering, Environmental Compliance. The legal action taken may be in the form of injunctive relief to restrain a violation of any provision of the ordinance. When deemed appropriate the District may enter a Consent Decree prior to a full court hearing on the issue. A Consent Decree has general provisions in which the user acknowledges that the court has jurisdiction, the District has authority to regulate discharges, and the user has violated regulations and will pay appropriate fines. The District has imposed fines up to $50,000 using this provision. The Consent Decree also includes corrective action provisions requiring submittal of such items as work plans for stop gap measures, plans, documentation of equipment purchases, scheduled installation and a final compliance date. Failure to comply with the conditions of the Consent Decree can result in cease and desist orders, termination of service, additional fines and recovery of attorney’s fees, and contempt of court proceedings. The District has been successful in such legal actions taken to date. 3.2.5 Recovery Of Costs The sewer user ordinance provides for the recovery of costs incurred by the District as a result of any obstruction, blockage or damage to the system. The Maintenance Agreement also allows for the District to enter the property, make repairs, perform necessary maintenance and bill the owners of the property for the services performed. This method of enforcement is implemented through an NOV informing the user of a violation and the costs incurred for which the user is responsible. By copy of the NOV, to the Finance Department and Legal Department, the user is billed by invoice for the costs incurred. A copy of the NOV is filed in the hard copy file. Failure to pay the costs is an ordinance violation and cause for escalated enforcement action. Another option available is to file a notice in the Office of the Recorder of Deeds in the city or county having jurisdiction and the costs to be recovered become a lien on the property. 10 APPENDICES Book:23146 - Page:1283 1111111111111 TYPE OF INSTRUMENT AGRMT PROPERTY DESCRIPTION: 1111 1 ui 11 1 1111111111 111111111011111111 11110101 * 2 0 1 8 0 8 0 9 0 0 2 9 1* GERALD E. SMITH, RECORDER OF DEEDS ST. LOUIS COUNTY MISSOURI 41 SOUTH CENTRAL, CLAYTON, MO 63105 GRANTOR 4453 MERAMEC BOTTOM LLC ETAL TO GRANTEE C M HAWKINS ADJ LOT 8 & 9 BDY ADJ PLAT PARCEL 1 PB 299 PG 84 Lien Number Notation Locator NOTE: I, the undersigned Recorder of Deeds, do hereby certify that the information shown on this Certification Sheet as to TYPE OF INSTRUMENT, the NAMES of the GRANTOR and GRANTEE as well as the DESCRIPTION of the REAL PROPERTY affected is furnished merely as a convenience only, and in the case of any discrepancy of such information between this Certification Sheet and the attached Document, the ATTACHED DOCUMENT governs. Only the DOCUMENT NUMBER, the DATE and TIME of filing for record, and the BOOK and PAGE of the recorded Document is taken from this CERTIFICATION SHEET. STATE OF MISSOURI ) SS. COUNTY OF ST. LOUIS ) Mail to: RECORDER OF DEEDS DOCUMENT CERTIFICATION Document Number 00291 I, the undersigned Recorder of Deeds for said County and State, do hereby certify that the following and annexed instrument of writing, which consists of 7 pages, (this page inclusive), was filed for record in my office on the 9 day of August 2018 at 10:45AM and is truly recorded in the book and at the page number printed above. In witness whereof 1 have hereunto set my hand and official seal the day, month and year aforesaid. MM Deputy Recorder Metropolitan St. Louis Sewer District 2350 Market St. St, Louis, MO 63103 Recorder of Deeds St. Louis County, Missouri RECORDING FEE 39.00 1 1 11011 111 Destination code: 4002 (Paid at the time of Recording) Book:23146 - Page:1284 3 INCH AREA ABOVE - LEAVE BLANK (FOR RECORDERS OFFICE USE ONLY) DOCUMENT TYPE: MAINTENANCE AGREEMENT DATE OF DOCUMENT: 8/7/2018 GRANTOR: 4453 MERAMEC BOTTOM, LLC 1640 E. SUNSHINE SPRINGFIELD, MO 65054 GRANTEE: METROPOLITAN ST LOUIS SEWER DISTRICT 2350 MARKET STREET SAINT LOUIS, MISSOURI 63103-2555 PROPERTY ADDRESS: 4453 MERAMEC BOTTOM RD ST. LOUIS MO 63129 COUNTY LOCATOR #: 32L 24 0428 CITY OF ST. LOUIS PARCEL #: N/A CITY/MUNICIPALITY: UNINCORPORATED ST. LOUIS COUNTY LEGAL DESCRIPTION: A TRACT OF LAND BEING ADJUSTED PARCEL 1 OF BOUNDARY ADJUSTMENT PLAT OF A TRACT OF LAND BEING PART OF LOTS 8 & 9 OF C.M. HAWKIN'S SUBDIVISION AS RECORDED IN P.B. 299 PG. 84 OF THE ST. LOUIS COUNTY RECORDERS OFFICE IN US. SURVEY 403 AND 1341 T. 43 N. R. 6 E. ST. LOUIS COUNTY MISSOURI Book:23146 - Page:1285 MAINTENANCE AGRE MENT KNOW ALL PERSONS BY THESE PRESENTS, that 4453 Mermec Bottom, LLC, a Missouri Corporation, for and in consideration of the approval of sewer plans and of the issuance of a sewer permit by The Metropolitan Si Louis Sewer District for storm water management facilities according to plans to be approved by said District for a development known as Blue Iguana Car Wash - 4453 Meramec Bottom I7MSD-00102 in SAINT LOUIS, Missouri, at4453 MERAMEC BOTTOM, and other good and valuable considerations, do hereby agree and promise, as follows: 1. To build and construct stormwater management facilities, including Best Management Practices (BMP), basins, drainage facilities, appurtenances and sewer lines, in accordance with the design, plans and report, submitted to and approved by The Metropolitan SL Louis Sewer District. The stormwater management facilities are to be perpetually located within the dimensioned and reserved area, as shown hachured on the exhibit "A" as attached hereto and made a part hereof. 2. To maintain and operate the stormwater management facilities in conformity with the approved Stormwater Management Facilities Report. 3. To maintain all pipes and drains in good working order and maintain all walls, dikes, vegetation, filter media, and any other requisite appurtenances and improvements for the retention and management of stormwater in good repair. 4. That in the event 4453 Mermec Bottom, LLC or their successor in title to said property MSD (Cmpmae with cxhibil A) 1 Book:23146 - Page:1286 shall fail to maintain the stormwater management facilities, BMP, basins, drainage facilities, appurtenances and sewer lines in accordance with this agreement, The Metropolitan St. Louis Sewer District shall be permitted to enter onto the property and make the repairs and corrections and perform such maintenance as it deems necessary and bill the owners of said property for the services performed. It is further agreed that in the event said bill or charge for the services performed shall not be paid within a period of thirty (30) days said sum shall become a lien on the real property and shall accrue interest at a rate of eight percent (8%) per annum until paid in full. 5. This agreement is irrevocable and shall continue forever unless notified in writing by the Metropolitan St. Louis Sewer District whose consent to modification shall not be unreasonably withheld. 6. The individual and any organization executing this document represent and warrant that the individual and as applicable the organization are fully authorized to do so. Execution by Electronic Signature, Telefax or Electronic Transmission. The parties agree that they will be bound by an electronic sound, symbol or process, executed or adopted by the party with the intent to sign the document. This document may be executed by telefax, or by electronic mail as a portable digital format (.pdf) document, either of which shall constitute an original signature for all purposes. Reproduction of Document. This document may be stored &!or reproduced by each party by electronic format in lieu of an original. MSD (Corpwafc with cxfiibit AI 2 Book:23146 - Page:1287 IN WITNESS WHEREFORE, the said MI°aL o . LL.> has caused these presents to be signed by its and its corporate seal to be affixed this ' day , 20 . BY ys3pr1E off, go r fr) c. I. C. Signature & Title Bike..0A.-10-1Z-1 J Signature & Title ATTEST: Signature & Title Print Name & Title STATE OF MISSOURI Co o J? y OF ST. LOUIS On this 2 day of appeared SS. ) Gf e9 r3 y lei , 20 _g before me to me personally known, who being by me duly sworn, did say he/she is N1Cro. ;9 M&p.kite- of ►& 4'53 M e ra r e c go Hon, and that the seal affixed to the foregoing instrument is the Corporate Seal of said Corporation and that said Corporation by authority of its Board of Directors, and said G re3 Oyler acknowledged said instrument to be the free act and deed of said Corporation. IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my notarial seal, the day and year first above wri nest) (Corporate with exhibit M Conenision =Fires to fo/3or9 7hutnz4_ 9 . mAfi 3 Book:23146 - Page:1288 IN WITNESS WHEREOF, the parties hereto have duly executed these presents to be signed by the Director of Engineering for The Metropolitan St. Louis Sewer District. THE METROPOLITAN ST. LOUIS SEWER DISTRICT STATE OF MISSOURI Cy+i OF ST. LOUIS f3 Ijrl''hard Unverferth Director of Engineering ) SS. } On this 7 day of . 20 before me personally appeared Richard Unverferth to me personally known, who being by me duly sworn. did say that he is the Director of Engineering, of THE METROPOLITAN ST. LOUIS SEWER DISTRICT and that said instrument was signed and sealed in behalf of said THE METROPOLITAN ST, LOUIS SEWER DISTRICT by authority of its Board of Trustees and said Richard Unverferth acknowledged said instrument to be the free act and deed of said THE METROPOLITAN ST. LOUIS SEWER DISTRICT. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my notarial seal this 7 day of 20 6 My Commission expires MST) (C orporutc with Cxhihii A) 141 4 ROSALIE M. JACKSON Notary Public - Notary Seal STATE OF MISSOURI Jefferson County My Commission Expires: April 18, 2020 Commission* 12382023 Book:23146 - Page:1289 I7MSO-A0102 BLUE IOVANA CAR WASP - 4453 MERAMEC BOTTOM GRAPHIC SCALE 40' 0' 20' 40' N/F n I� ADJUSTED PARCEL 2 CRACKER BARREL OLD COUNTRY STORE (IN �) INC PROPERTY TAX DEPT 1 Inch = 40' IL 6233 HEIMOS INDUSTRIAL PARK DR. ST LOUIS, MO 63129 3'66• DB. 8939 PG. 1309 LOC. #32L 24 0363 EX. 7ruP. ESM'T �1 vw w rcn "7 / /\ r a� ' Q RESERVE j Ex. 10'w. MSD 1 ? I vi Q 1 ESM•T DB AREA 22 46. / Lr > 1 1 9450 PG. 1642 06 AL ' H— -L J (TO 6E VACATED) \ O I I Z 732MaRYALLl.S'IAENT k ry // / �, RATCFA 72ACTCF , I I\ LAr1D EE1 G PART 0= +� LODU8&9[FCM ry 3 N/F NAH S S'.c11i90Y" I / n 14.1 ADJUSTED PARCEL 1 P8 FG 84 I / �` u.7. 4453 MERAMEC BOTTOM, LLC / / 4453 MERAMEC BOTTOM RD. / / t+] IN oi ST LOUIS, MO 63129 0B. 22994 PG. 2430 / l ° LOC. #32L 24 0428 EX 10'W PERM. ROADWAY / v} z 40,406 S.F. MAIM: Ui7L/TY, SEWER I 4c AND SIDEWALK ESMT. %r4 P8. 99 PC. 84 / / Qj �4C / / zaQ EX. 10'W UE ESM'T. EX 15'W UE D8. 8981 PG. 1174 / 0�3 ESM'T. D8 8981 O S1.'. PG 1174 EX BP £SVr BY l / 11:711, fi� i 1 Braga 10772 �. SZ6. N6 i 6 , ESM'T. DB. 9449 `.. 1 � (1,5Z r 1 PO 2493 4�pE 6'�;E S-0 , EX. 10'W HISD � 1 ESM'r. D9. N23. 21' � \\ ' �. In 9378 PG. 1400 BM P EXH 10M F 955 It I N89 05' 07'W 125.60' MERAMEC BOTTOM RD. (VAR. W.) JB? 'A' /N /T/A MA/NTEN4Nc�EAGREEMENT EXIT A TRACT OF LAND BEING ADJUSTED PARCEL 1 OF B�DARY ADJUSTMENT PLAT OF A TRACT OF LAND BEING PART OF LOTS 8 + 9 OF C.M. HAWKINS � AS RECORDED IN P.E. 299 PG. 84 OF TI -E ST. LOUIS COUNTY RECORDERS OFFICE IN US. SURVEY 403 AND X41 T. 43 N. R. 6 E ST. LOUIS COUNTY MISSOUFH 7/9/18 NOTE: This checklist is for MSD Inspectors Only!!! NOT FOR PUBLIC USE!!! Inspection Date: Asset#(s) INSPECTION ITEMS RATING COMMENTS Provide stable conveyance into facility?0 1 2 3 N/A Excessive trash/debris/sediment accumulation?0 1 2 3 N/A Evidence of erosion?0 1 2 3 N/A Excessive trash/debris/sediment accumulation?0 1 2 3 N/A Evidence of standing water? (Ponding, Noticeable Odors, Water Stains, Algae)0 1 2 3 N/A Evidence of clogging?0 1 2 3 N/A Dead vegetation/exposed soil?0 1 2 3 N/A Evidence of erosion?0 1 2 3 N/A Excessive trash/debris/sediment accumulation?0 1 2 3 N/A Signs of erosion or movement of mulch (or pea gravel)?0 1 2 3 N/A Evidence of oil/chemical accumulation?0 1 2 3 N/A Evidence of standing water? (Ponding, Noticeable Odors, Water Stains, Algae)0 1 2 3 N/A Underdrain system (if equipped) broken/clogged?0 1 2 3 N/A Adequate plant covering present?0 1 2 3 N/A Is vegetation overgrown? Invasive, overgrown weeds, woody vegetation?0 1 2 3 N/A Dead vegetation/exposed soil?0 1 2 3 N/A Signs of mulch layer thinning (or pea gravel)?0 1 2 3 N/A Stable conveyance out of facility provided?0 1 2 3 N/A Excessive trash/debris/sediment accumulation?0 1 2 3 N/A Evidence of erosion at/around?0 1 2 3 N/A Complaints from local residents? (describe if any)0 1 2 3 N/A Any public hazards observed? (describe if any)0 1 2 3 N/A BMP Inspection Score - Highest Score Selected for the Inspection 0 1 2 3 N/A Evidence of clogging Dead vegetation/exposed soil Excessive debris/sediment accumulation Excessive erosion Excessive weeds/invasive plants STORMWATER MANAGEMENT FACILITY MAINTENANCE INSPECTION CHECKLIST BIOR/BIOS: BIORETENTION/RAIN GARDEN G. COMMENTS AND/OR CORRECTIVE MEASURES NEEDED INSPECTION RATING SYSTEM 0 = Good condition. Well maintained, no action required. Satisfactory Performance. 1 = Moderate condition. Should monitor. Satisfactory Performance. 2 = Degraded condition. Routine maintenance and repair needed. Unsatisfactory Performance. 3 = Serious condition. Immediate need for repair or replacement. Unsatisfactory Performance. NOTE TO INSPECTOR:All personnel entering any confined spaces must take appropriate safety measures and follow applicable OSHA regulations. Overall Drainage Area Conditions: A. INLETS (If not piped, identify as overland flow) B. PRETREATMENT (if applicable) C. TREATMENT AREA AND VEGETATION Inspector: Project #(s): Work Order #(s): D. OVERFLOW/OUTLET STRUCTURE E. HAZARDS F. INSPECTION SUMMARY FOR MAXIMO ENTRY (FOR CONSTRUCTION INSPECTION CREW ONLY) Cause for BMP Failure (Circle All That Apply) - if the highest score selected above is 0, then leave blank Mulch/gravel layer missing Other - Describe in Log Evidence of standing water Underdrain broken/clogged Structural components condition inadequate MSD BMP Inspection Checklist Form. Rev 7/1/2016 NOTE: This checklist is for MSD Inspectors Only!!! NOT FOR PUBLIC USE!!! Inspection Date: Asset #(s): INSPECTION ITEMS RATING COMMENTS Excessive trash/debris?0 1 2 3 N/A Bare/exposed soil?0 1 2 3 N/A Evidence of erosion?0 1 2 3 N/A Excessive landscape waste/yard clippings?0 1 2 3 N/A B. FACILITY Signs of clogging or standing water present?0 1 2 3 N/A Excessive trash/debris/sediment accumulation?0 1 2 3 N/A Evidence of deterioration?0 1 2 3 N/A Spalling or cracking of pavement observed?0 1 2 3 N/A Collapsing areas of paver system?0 1 2 3 N/A Other (describe)?0 1 2 3 N/A Stable conveyance out of facility provided?0 1 2 3 N/A Excessive trash/debris/sediment accumulation?0 1 2 3 N/A Evidence of erosion at/around?0 1 2 3 N/A D. HAZARDS Complaints from local residents? (describe if any)0 1 2 3 N/A Any public hazards observed? (describe if any)0 1 2 3 N/A BMP Inspection Score - Highest Score Selected for the Inspection 0 1 2 3 N/A Evidence of clogging Dead vegetation/exposed soil Excessive debris/sediment accumulation Excessive erosion Excessive weeds/invasive plants Overall Drainage Area Conditions: A. CONTRIBUTING DRAINAGE AREA C. OVERFLOW/OUTLET STRUCTURE E. INSPECTION SUMMARY FOR MAXIMO ENTRY (FOR CONSTRUCTION INSPECTION CREW ONLY) Cause for BMP Failure (Circle All That Apply) - if the highest score selected above is 0, then leave blank D. COMMENTS AND/OR CORRECTIVE MEASURES NEEDED Mulch/gravel layer missing Other - Describe in Log Evidence of standing water Structural components condition inadequate Underdrain broken/clogged STORMWATER MANAGEMENT FACILITY MAINTENANCE INSPECTION CHECKLIST PERMEABLE PAVEMENT Circle Type: PPAS: Porous Asphalt PPCO: Pervious Concrete PPBK: Permeable Paver Blocks PPGR: Gravel Inspector: NOTE TO INSPECTOR:All personnel entering any confined spaces must take appropriate safety measures and follow applicable OSHA regulations. INSPECTION RATING SYSTEM 0 = Good condition. Well maintained, no action required. Satisfactory Performance. 1 = Moderate condition. Should monitor. Satisfactory Performance. 2 = Degraded condition. Routine maintenance and repair needed. Unsatisfactory Performance. 3 = Serious condition. Immediate need for repair or replacement. Unsatisfactory Performance. Project #(s): Work Order #(s): MSD BMP Inspection Checklist Form. Rev 7/1/2016 NOTE: This checklist is for MSD Inspectors Only!!! NOT FOR PUBLIC USE!!! Inspector:Inspection Date: Project #(s):Asset #(s): INSPECTION ITEMS RATING COMMENTS Provide stable conveyance into facility?0 1 2 3 N/A Excessive trash/debris/sediment accumulation?0 1 2 3 N/A Evidence of erosion?0 1 2 3 N/A Excessive trash/debris/sediment accumulation?0 1 2 3 N/A Evidence of standing water? (Ponding, Noticeable Odors, Water Stains, Algae)0 1 2 3 N/A Evidence of clogging?0 1 2 3 N/A Dead vegetation/exposed soil?0 1 2 3 N/A Evidence of erosion?0 1 2 3 N/A Maintenance access to facility?0 1 2 3 N/A Condition of structural components?0 1 2 3 N/A Excessive trash/debris/sediment accumulation?0 1 2 3 N/A Evidence of erosion?0 1 2 3 N/A Evidence of oil/chemical/accumulation?0 1 2 3 N/A Evidence of standing water? (Ponding, Noticeable Odors, Water Stains, Algae)0 1 2 3 N/A Underdrain system (if equipped) functioning?0 1 2 3 N/A Mulch layer, pea gravel, or turf grass in good condition?0 1 2 3 N/A Outlets provide stable conveyance out of facility?0 1 2 3 N/A Excessive trash/debris/sediment accumulation?0 1 2 3 N/A Evidence of erosion at/around?0 1 2 3 N/A Complaints from local residents? (describe if any)0 1 2 3 N/A Any public hazards observed? (describe if any)0 1 2 3 N/A BMP Inspection Score - Highest Score Selected for the Inspection 0 1 2 3 N/A Evidence of clogging Dead vegetation/exposed soil Excessive debris/sediment accumulation Excessive erosion Excessive weeds/invasive plants Cause for BMP Failure (Circle All That Apply) - if the highest score selected above is 0, then leave blank G. COMMENTS AND/OR CORRECTIVE MEASURES NEEDED Underdrain broken/clogged Mulch/gravel layer missing Other - Describe in Log Evidence of standing water Structural components condition inadequate STORMWATER MANAGEMENT FACILITY MAINTENANCE INSPECTION CHECKLIST FILTERS Circle Type: F-1: Surface Sand Filter F-2: Underground Sand Filter F-3: Perimeter Sand Filter F-4: Organic Filter F-5: Pocket Sand Filter F-PR: Proprietary Filter INSPECTION RATING SYSTEM Work Order #(s): C. FACILITY D. OVERFLOW/OUTLET STRUCTURE E. HAZARDS F. INSPECTION SUMMARY FOR MAXIMO ENTRY (FOR CONSTRUCTION INSPECTION CREW ONLY) Overall Drainage Area Conditions: NOTE TO INSPECTOR:All personnel entering any confined spaces must take appropriate safety measures and follow applicable OSHA regulations. A. INLETS (If not piped, identify as overland flow) 0 = Good condition. Well maintained, no action required. Satisfactory Performance. 1 = Moderate condition. Should monitor. Satisfactory Performance. 2 = Degraded condition. Routine maintenance and repair needed. Unsatisfactory Performance. 3 = Serious condition. Immediate need for repair or replacement. Unsatisfactory Performance. B. PRETREATMENT (if applicable) MSD BMP Inspection Checklist Form. Rev 7/1/2016