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City of Oakland, MO
Wednesday, March 24, 2021
Chapter 515. Land Disturbance Code
Section 515.010. Adoption of County Code.
[Ord. No. 664 §1, 2-9-2004; Ord. No. 729 §1, 1-8-2007]
The St. Louis County Land Disturbance Code, three (3) copies of which are on file in the office of City
Clerk, as amended by the County of St. Louis, Missouri, through St. Louis County Ordinance No.
21578 adopted October 7, 2003, is hereby adopted as the Land Disturbance Code of the City of
Oakland, Missouri, for all commercial purposes and for properties over one (1) acre as if fully set out
herein.
Section 515.020. Land Disturbance Code of St. Louis County.
[Ord. No. 664 §1, 2-9-2004]
TITLE XI
PUBLIC WORKS AND BUILDING REGULATIONS
LAND DISTURBANCE CODE
Chapter 1114
A. 1114.100 CHAPTER 1 - ADMINISTRATION
1. SECTION 101.0 SCOPE
101.1 Title: These regulations shall be known as the "Land Disturbance Code" of St. Louis
County, Missouri, hereinafter referred to as "this Code".
101.2 Introduction: On construction or land disturbance sites, soil is highly vulnerable to
erosion by wind and water. Eroded soil endangers water resources by reducing water quality
and causing the siltation of aquatic habitat for fish and other desirable species. Deposits of
eroded soil also necessitate maintenance of sewers and ditches and the dredging of lakes. In
addition, clearing and grading during construction cause the loss of native vegetation
necessary for terrestrial and aquatic habitat. Construction activities also utilize materials and
generate wastes, which if not properly controlled can pollute receiving waters.
101.3 Purpose: The purpose of this Code is to safeguard persons, protect property and
prevent damage to the environment in St. Louis County. This Code will also promote the
public welfare by guiding, regulating and controlling the design, construction, use and
maintenance of any development or other activity that disturbs or breaks the topsoil or results
in the movement of earth on land in St. Louis County.
101.4 Scope: This Code provides for the safety, health and welfare of the public by regulating
and controlling the design, construction, use and maintenance of any development or other
activity that disturbs land surfaces or results in the movement of earth in the unincorporated
part of St. Louis County, Missouri.
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101.5 Definitions: For the purpose of this Code, the following terms, phrases, words and their
derivations shall have the meanings given herein. Where terms are not defined by this
Section, such terms shall have ordinarily accepted meanings such as the context implies.
65-575
BEST MANAGEMENT PRACTICES or BMP — Practices, procedures or a schedule of
activities to reduce the amount of sediment and other pollutants in stormwater discharges
associated with construction and land disturbance activities.
CLEARING — Any activity that removes the vegetative surface cover.
CODE OR THIS CODE — The "Land Disturbance Code" of St. Louis County, Missouri, as
adopted by St. Louis County Ordinance.
COUNTY — St. Louis County, Missouri.
CONSTRUCTION SITE OR LAND DISTURBANCE SITE — A parcel or contiguous parcels,
where land disturbance activities are performed as part of a proposed development.
DEPARTMENT OF HIGHWAYS AND TRAFFIC — The County Department of Highways and
Traffic, acting through its Director or his/her duly authorized designee.
DEPARTMENT OF PLANNING — The County Department of Planning, acting through its
Director or his/her duly authorized designee.
DEPARTMENT OF PUBLIC WORKS — The County Department of Public Works, acting
through its Director or his/her duly authorized designee.
DRAINAGE WAY — Any channel that conveys surface runoff through a site.
EROSION — The wearing away of land surface through the action of wind or water.
EROSION CONTROL — Any Best Management Practices (BMP) that prevents or minimizes
erosion.
GRADING — Reshaping the ground surface through excavation and/or fill of material.
LAND DISTURBANCE ACTIVITIES — Clearing, grading or any related work which results in
removal of the natural site vegetation and destruction of the root zone or otherwise results in
leaving the ground surface exposed to soil erosion through the action of wind or water.
LAND DISTURBANCE, MAJOR — Any land disturbance activity involving one (1) acre or
more of land or a site involving less than one (1) acre that is part of a proposed development
that will ultimately disturb one (1) acre or more.
LAND DISTURBANCE, ORDINARY — Any land disturbance activity involving less than one
(1) acre of land.
LAND DISTURBANCE PERMIT — A permit issued by the authority having jurisdiction
authorizing a land disturbance activity at a specific site subject to conditions stated in the
permit. A permit may be for either major or ordinary land disturbance activities.
PERIMETER CONTROL — A barrier that prevents sediment from leaving a site by filtering
sediment -laden runoff or diverting it to a sediment trap or basin.
PHASING — Clearing a parcel of land in distinct stages, with the stabilization of each phase
substantially completed before the clearing of the next.
QUALIFIED PROFESSIONAL — A Missouri licensed professional engineer or other person
or firm knowledgeable in the principles and practices of erosion and sediment control,
including the Best Management Practices described in this Code.
RUNOFF COEFFICIENT — The fraction of total rainfall that exits at the outfalls from a site.
SEDIMENT CONTROL — Any Best Management Practices (BMP) that prevents eroded
sediment from leaving a site.
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STABILIZATION — The use of Best Management Practices (BMP) that prevent exposed soil
from eroding from a land disturbance site.
START OF CONSTRUCTION — The first land disturbance activity associated with a
development.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP) — A management plan, the
purpose of which is to ensure the design, implementation, management and maintenance of
Best Management Practices (BMP) in order to reduce the amount of sediment and other
pollutants in stormwater discharges associated with land disturbance activities, comply with
the standards of the County and ensure compliance with the terms and conditions of the
applicable State permits, including adherence to the land disturbance program contained in
Missouri MS4 NPDES permits.
WATER COURSE — A natural or artificial channel or body of water including, but not limited
to, lakes, ponds, rivers, streams, ditches and other open conveyances that carry surface
runoff water either continuously or intermittently.
101.6 SERVICE TO MUNICIPALITIES
101.6.1 Contracting with Municipalities: The Department of Public Works, with the approval of
the County Executive, is hereby authorized to contract with municipalities within the County to
provide appropriate services to enforce the requirements of this Code and further to collect
fees for applicable permits and inspections issued or made pursuant to such contracts. No
contract for services under this Code shall be entered into until the municipality desiring to
contract with the County for enforcement of this Code shall:
1. Contract with the County for enforcement of Building Code and Explosives Code
enforcement services; and
2. Adopt a code identical in substance to this Code; and
3. Perform the functions associated with the authority and responsibilities of the Department
of Planning identified in Section 103.1 of this Code or other mutually agreeable services; and
4. Perform the functions associated with the authority and responsibilities of the Department
of Highways and Traffic identified in Section 103.3 of this Code or other mutually agreeable
services.
101.6.2 Municipal Zoning Approval: All plans for land disturbance activities within the
corporate limits of any municipality that contracts with the County for code enforcement
services shall be reviewed and approved by the contracting municipality for compliance with
its zoning or other municipal regulatory ordinances or provisions prior to issuance of a County
permit under this Code.
2. SECTION 102.0 APPLICABILITY
102.1 Other Laws: The provisions of this Code shall not be deemed to nullify any provisions
of County, State or Federal law.
3. SECTION 103.0 ENFORCEMENT
103.1 Department of Planning: The Department of Planning shall have the authority and
responsibility to perform the following functions related to the enforcement of this Code as
associated with major land disturbance permits:
1. Receive applications for major land disturbance permits;
2. Coordinate the review of permit applications and accompanying documents with the
Department of Public Works, the Department of Highways and Traffic and the Metropolitan St.
Louis Sewer District (MSD);
3. Clear issuance of major land disturbance permits with the Department of Public Works, the
Department of Highways and Traffic and the Metropolitan St. Louis Sewer District (MSD) and
issue such permits; and
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4. Administer the determination, collection and release of site development escrows required
by this Code.
103.2 Department of Public Works: The Department of Public Works shall have the authority
and responsibility to perform the following functions related to the enforcement of this Code:
1. Inspection of major land disturbance activities;
2. Inspection of land disturbance activities within or abutting areas designated one hundred
(100) year flood plain; and
3. Plan review, inspection and issuance of permits for ordinary land disturbance activities
relating to Best Management Practices (BMP) to be utilized to control erosion and
sedimentation from leaving the site during construction and other land disturbance activities.
103.3 Department of Highways and Traffic: The Department of Highways and Traffic shall
have the authority and responsibility to perform the following functions related to the
enforcement of this Code:
1. Plan review of major land disturbance activities;
2. Plan review and inspection of land disturbance activities related to construction, repair,
maintenance or condition of roadways and roadway right-of-ways which are maintained by
the County; and
3. Plan review of land disturbance activities within or abutting areas designated one hundred
(100) year flood plain.
103.4 Rule -making Authority: County departments having enforcement authority and
responsibilities described in Section 103 of this Code shall have the authority, as necessary in
the interest of public health, safety and general welfare, to adopt and promulgate rules and
regulations to interpret and implement the provisions of this Code, in order to secure the
intent thereof and to designate requirements applicable because of local climatic or other
conditions. Such rules and regulations shall not have the effect of waiving requirements
specifically provided for in this Code or of violating accepted engineering practices involving
the purpose of this Code.
4. SECTION 104.0 VIOLATIONS
104.1 Unlawful Acts: It shall be unlawful for any person, firm or corporation to perform any
land disturbance activities or cause or allow same to be done in conflict with or in violation of
any of the provisions of this Code.
104.2 Notices of Violations: When the Department of Public Works, the Department of
Planning or the Department of Highways and Traffic determines that a violation of this code
exists, the respective Director shall notify the violator. The notification shall be in writing and
shall be delivered to the violator or his/her legally authorized representative or mailed to
his/her last known address via first class mail postage prepaid. Any person having been
notified that a violation exists and who fails to abate the violation within ten (10) days after
notification shall be subject to the penalties enumerated in Sections 104.4 and 104.4.1.
104.3 Prosecution of Violation: If the violator does not abate the violation promptly, the
Department of Public Works, Department of Planning or the Department of Highways and
Traffic shall request the County Counselor to institute the appropriate proceeding at law or in
equity to restrain, correct or abate such violation.
104.4 Violation, Penalties: Any person, firm or corporation who shall violate any provision of
this Code or who shall fail to comply with any of the requirements thereof or who shall perform
work in violation of the approved construction documents or the Stormwater Pollution
Prevention Plan or any directive of the Department of Public Works, Department of Planning
or the Department of Highways and Traffic or of a permit or certificate issued under the
provisions of this Code or shall start any work requiring a permit without first obtaining a
permit therefore or who shall continue any work in or about a structure after having been
served a stop work order, except for such work which that person, firm or corporation has
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been directed to perform to remove a violation or unsafe conditions, or any owner of a
property or any other person who commits, takes part or assists in any violation of this Code
or who maintains any property on which such violation shall exist shall be guilty of a
misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000.00) or by
imprisonment not exceeding ninety (90) days or both such fine and imprisonment. Each day
that a violation continues shall be deemed a separate offense.
104.4.1 No -Permit Penalty: In addition to the penalties set out above, the following procedure
shall be followed where a County department identified in Section 103 determines that work
has been started prior to the acquisition of a permit required by this Code:
1. The department shall issue a stop work order.
2. The department Director shall notify the violator of his/her assessment regarding the
appropriate penalty amount to be assessed against the violator, which shall not exceed one
thousand dollars ($1,000.00) for each day that work occurs without a permit. In making the
assessment, the department shall consider whether the violator has previously violated this
Code and whether the occupation or experience of the violator indicates that he/she knew or
should have known that a permit was required. In no case will a no -permit penalty be
assessed against a property owner unless he/she actually performed the work involved.
3. At the violator's option, he/she may deposit the assessed penalty amount in escrow
(certified check or cash only) with the department, in which case the violator's right to a
hearing will be preserved.
4. No -permit penalties are appealable to the Building Commission in the same manner as
other decisions of the department. The department may revise its assessment upon notice to
both the Building Commission and the violator at any time prior to the hearing. Likewise, at
any time prior to the hearing, the violator may accept and pay the recommended penalty
amount and the hearing will be canceled.
5. At the hearing before the Building Commission, said Commission shall afford both the
department and the alleged violator an opportunity to present any evidence or make any
statements they wish to have considered.
6. Following the hearing the Building Commission shall determine whether a permit was
required:
a. If the Building Commission determines that a permit was required, an appropriate penalty
amount shall be assessed, taking into account the same considerations as noted above. The
stop work order shall remain in full force and effect until such time as the penalty amount is
paid and the violator has complied with all other regulations pertaining to the issuance of
permits.
b. If the Building Com m'ssion determines that no permit was required, the department shall
immediately cancel the stop work order.
104.5 Abatement of Violation: The imposition of the penalties herein prescribed shall not
preclude the County Counselor from instituting appropriate action to prevent unlawful
construction or to restrain, correct or abate a violation or to prevent illegal use of a property or
to stop an illegal act.
104.6 Permit Suspension or Revocation: When a land disturbance activity is conducted in
violation of the requirements of this Code or the terms of the permit in such a manner as to
materially adversely affect the safety, health or welfare of persons or materially be detrimental
or injurious to property or improvements, the Department of Public Works or the Department
of Highways and Traffic may suspend or revoke such permit.
104.7 Stop Work Order: Upon notice from the Department of Public Works or the Department
of Highways and Traffic that work on any property is being prosecuted contrary to the
provisions of this Code or in an unsafe and dangerous manner, such work shall be
immediately stopped. The stop work order shall be in writing and shall be given to the owner
of the property involved or to the owner's agent or to the person doing the work; and shall
state the conditions under which work will be permitted to resume.
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104.7.1 Unlawful Continuance: Whenever the Department of Public Works or the Department
of Highways and Traffic finds that any land disturbance activity is being prosecuted contrary to
the provisions of this Code or in an unsafe and dangerous manner, the owner or the person
performing such activity shall immediately stop such activity. The stop work order shall be in
writing and shall be given to the owner of the property involved or to the owner's agent or to
the person doing the work; and shall state the conditions under which work will be permitted
to resume. Any person, who shall continue any work in or about the property after having
been served with a stop work order, except such work as that person is directed to perform to
remove a violation or unsafe condition, shall be subject to penalties as specified in Sections
104.4 or 104.4.1 of this Code.
5. 105.0 APPEALS
105.1 Application for Appeal: Any person shall have the right to appeal a decision of the
Department of Planning, the Department of Public Works or the Department of Highways and
Traffic to the Building Commission. An application for appeal shall be based on a claim that
the intent of this Code or the rules
or regulations adopted thereunder have been incorrectly interpreted or the provisions of this
Code do not apply.
105.1.1 Filing Procedure: All appeals shall be filed in writing with the Department of Public
Works. All appeals shall be filed within thirty (30) days after the decision to be appealed is
rendered by the departments identified in this Section.
105.1.2 Filing Fee: All appeals must be accompanied by a fee in the amount specified in
Chapter 1100, SLCRO 1974, as amended.
105.2 Notice of Meeting: The Commission shall meet upon notice from the Chairman, within
ten (10) days of the filing of an appeal or at stated periodic meetings.
105.3 Open Hearing: All hearings before the Commission shall be open to the public. The
appellant, the appellant's representative, the County Department(s) having enforcement
authority and responsibilities described in Section 103.0 of this Code and any person whose
interests are affected shall be given an opportunity to be heard.
105.4 Procedure: The Commission shall adopt and make available to the public through the
secretary procedures under which a hearing will be conducted. The procedures shall not
require compliance with strict rules of evidence but shall mandate that only relevant
information be received.
105.5 Commission Decision: Decisions by the Commission to reverse or modify a decision by
a department requires a minimum vote of three members.
105.6.1 Resolution: The decision of the Commission shall be in writing. Copies shall be
furnished to the appellant and to the County Department(s) having enforcement authority and
responsibilities described in Section 103.0 of this Code.
105.6.2 Administration: The applicable County department identified in Section 105.1 of this
Code shall take immediate action in accordance with the decision of the Commission.
105.7 Court Review: A party adversely affected by a decision of the Commission may appeal
to an appropriate court from such decision. Application for review shall be made in the
manner and time required by law following the filing of the decision.
6. SECTION 106.0 LAND DISTURBANCE PERMITS REQUIRED
106.1 County Permit Required: Any person who intends to conduct any Land Disturbance
Activity must obtain a permit prior to beginning the activity. The type of permit shall be as
required by Sections 106.1.1 or 106.1.2 in this Code.
Exception: Activities that do not require permits under Section 106.3 of this code.
106.1.1 Major Land Disturbance Permit: No person shall perform any major Land Disturbance
Activity prior to receipt of a major Land Disturbance Permit. Applications for major Land
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Disturbance Permits shall be filed with the Department of Planning.
Exception: Activities that do not require permits under Section 106.3 of this code.
106.1.2 Ordinary Land Disturbance Permit: No person shall perform any ordinary Land
Disturbance Activity prior to receipt of an ordinary Land Disturbance Permit. Applications for
ordinary Land Disturbance Permits shall be filed with by the Department of Public Works.
Exception: Activities that do not require permits under Section 106.3 of this code.
106.1.2.1 County Building Permit and Related Ordinary Land Disturbance Activities: The
Department of Public Works may include ordinary Land Disturbance Activities associated with
the construction of a building, structure or parking lot authorized by a permit issued under the
Building Code, as an integrated permit for the proposed construction.
106.2 Limitation on Transfer of Land Disturbance Permits: Any person who buys land from a
person who has been issued a Land Disturbance Permit under Sections 106.1.1 or 106.1.2 of
this Code must obtain a separate Land Disturbance Permit from County.
Exceptions:
1. Major Land Disturbance Permits may be transferred to a new land owner provided the
original permit holder obtains the approval of the Department of Planning to retain
responsibility for the Land Disturbance Activities on such property.
2. Ordinary Land Disturbance Permits may be transferred to a new land owner provided the
original permit holder obtains the approval of the Department of Public Works to retain
responsibility for the Land Disturbance Activities on such property.
106.3 Exceptions - Land Disturbance Permits Not Required: Land Disturbance Permits are
not required for the activities identified as items 1 and 8 in this Section, nor are such permits
required for the activities identified in items 2, 3, 4, 5, 6 and 7, provided the activity does not
alter, or cause to be altered, the present surface of the ground: a) by any cut or fill at the
property line; b) by any cut or fill that would permanently divert one drainage area to another
drainage area; c) by any cut or fill which would deposit mud or harmful silt or create erosion or
damage to adjoining properties; or d) by any cut or fill that would block or affect an existing
swale or drainage path in a manner to cause damming and ponding.
1. Any emergency activity that is immediately necessary for the protection of life, property or
natural resources.
2. Existing farming, nursery and agricultural operations conducted as a permitted or
accessory use.
3. Excavation or fill of less than thirty (30) cubic yards provided the Land Disturbance Activity
is for the improvement of the property. Erosion and sediment control measures shall be
provided, when necessary, until grass or other vegetation is established or other approved
means of ground cover means are used.
4. Land Disturbance Activities associated with additions to and accessory structures for one -
and two-family dwellings.
5. Land Disturbance Activities less than two thousand (2,000) square feet in area.
6. Removal of existing or dying grass or similar vegetation by disturbing not more than ten
thousand (10,000) square feet and re -sodding or re -seeding with new landscaping to include
preparation of the seed bed; provided erosion and sediment control measures are provided
until the grass or other vegetation is established. Any cut or fill in conjunction with the
preparation of the seed bed shall not exceed thirty (30) cubic yards.
7. Gardening and similar activities on property occupied by one- or two-family dwellings.
8. Land Disturbance Activities by any public utility for the installation, inspection, repair or
replacement of any of its equipment or for its collection or distribution lines or piping systems;
provided erosion and sediment control measures are provided until grass or other vegetation
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is established or other approved ground cover means are used. This exception does not
apply to any Land Disturbance Activity associated with work that requires a building permit.
106.4 State of Missouri Permits Required: The permit applicant must obtain a Land
Disturbance Permit from the State of Missouri Department of Natural Resources for any site
where one (1) acre or more of land will be disturbed, before beginning any site work
authorized by a County permit. This requirement applies to sites of less than one (1) acre that
are part of a proposed development that will ultimately disturb one (1) acre or more.
7. SECTION 107.0 LAND DISTURBANCE PERMIT APPLICATIONS
107.1 Permit Applications: Applications for Land Disturbance Permits required by this Code
shall be in the form prescribed by and accompanied by the site plans and documents
determined necessary by the County department responsible for issuing the permit. Such
applications shall include proof that proposed land uses have received zoning approvals from
the County or the municipality in which the Land Disturbance Activities will occur.
107.2 Stormwater Pollution Prevention Plan Required (SWPPP) for Major Land Disturbance
Permits: All applications for major Land Disturbance Permits shall be accompanied by a
Stormwater Pollution Prevention Plan, prepared for the specific site by or under the direction
of a qualified professional. The application shall contain a statement that any land clearing,
construction or development involving the movement of earth shall be in accordance with the
Stormwater Pollution Prevention Plan and the applicant will assume and acknowledge
responsibility for compliance with this Code and the Stormwater Pollution Prevention Plan at
the site of the permitted activity.
107.3 Required Site Development Escrows for Major Land Disturbance Permits: Applicants
for major Land Disturbance Permits shall file a site development escrow in the form of a letter
of credit or other improvement security in an amount deemed sufficient by the Department of
Planning to cover all costs of improvements, landscaping and maintenance of improvements
for such period as specified by the Department of Planning. The site development escrow
shall include engineering and inspection costs sufficient to cover the cost of failure or repair of
improvements installed on the site.
107.3.1 Release of Escrows — Project Closure: Any site development escrow will not be fully
released to the property owner, site operator or permit holder until all of the following have
been completed:
1. All temporary stormwater control Best Management Practices (BMPs) have been removed
and the site has been fully stabilized.
2. All permanent stormwater control Best Management Practices (BMPs) have been
completed.
3. All final inspections/certifications have been completed by each of the government
jurisdictions involved in authorizing the project.
8. 108.0 FEES
108.1 Issuance of Permits: Land Disturbance Permits shall not be issued until the fees
associated with the permit are paid to the individual County Departments as specified in
Sections 108.1.1 through 108.1.3 of this Code.
Exception: Individual County Departments may defer all or parts of fees to a later stage of site
development.
108.1.1 Department of Planning: Fees for the activities of the Department of Planning related
to Land Disturbance Permits shall be in accordance with the fee rates set forth in Title X
SLCRO 1974 "Planning and Zoning", Chapter 1003 "Zoning Ordinance" and Title X SLCRO
1974 "Planning and Zoning", Chapter 1005 "The Subdivision Ordinance of St. Louis County".
108.1.2 Department of Highways and Traffic: Fees for the activities of the Department of
Highways and Traffic related to Land Disturbance Permits shall be in accordance with the fee
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rates set forth in Title XI SLCRO 1974 "Public Works and Building Regulations", Chapter 1105
"Department of Highways and Traffic".
108.1.3 Department of Public Works: Fees for the activities of the Department of Public
Works related to Land Disturbance Permits shall be in accordance with the fee rates set forth
in Title XI SLCRO 1974 "Public Works and Building Regulations", Chapter 1100 "Code
Enforcement Fee Schedules". In applying the Code Enforcement Fee Schedule, the total
estimated cost of Land Disturbance Activities shall include applicable grubbing, site clearing,
rough grading, sediment and erosion control measures, excavating, backfill, final grading,
concrete flatwork, asphalt pavement and final landscaping. The Department of Public Works
may require a bona fide contract(s) or any affidavit of the owner of the project, in which the
applicant and owner verify the total cost of the site improvements related to the permit. The
Department of Public Works is authorized to establish the fee by determining the plan review
cost and estimating the total number of inspections required when, in the opinion of the
Department of Public Works, the fee resulting from this method more closely relates to the
cost of enforcing the requirements of this code.
9. 109.0 STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
109.1 Content — Stormwater Pollution Prevention Plan (SWPPP): The design requirements
in Chapter 2 of this Code shall be complied with when developing the Stormwater Pollution
Prevention Plan and the plan shall include the following:
1) Name, address and telephone number of the site owner and the name, address and
telephone number of the individual who will be in overall responsible charge of
construction/development activities at the site.
2) Site address or location description and parcel identification number(s).
3) A site map showing the outlines of the total project area, the areas to be disturbed, existing
land uses, locations and names of surface water bodies, locations of flood plains, locations of
temporary and permanent Best Management Practices (BMP) and such other information as
may be required by the County Department(s) having enforcement authority and
responsibilities described in Section 103.0 of this Code.
4) Existing contours of the site and adjoining strips of off -site property and proposed contours
after completion of the proposed land disturbance and development, based on United States
Geological Survey datum, with established elevations at buildings, walks, drives, street and
roads; and information on necessary clearing and grubbing, removal of existing structures,
excavating, filling, spreading and compacting.
5) A natural resources map identifying soils, forest cover and resources protected under other
provisions of County ordinances.
6) An estimate of the Runoff Coefficient of the site prior to disturbance and the Runoff
Coefficient after the construction addressed in the permit application is completed.
7) Estimated quantity of land to be disturbed.
8) Details of the site drainage pattern both before and after major Land Disturbance Activities.
9) Access to construction site.
10) Description of Best Management Practices (BMP) to be utilized to control erosion and
sedimentation during the period of land disturbance.
11) Description of Best Management Practices (BMP) to be utilized to prevent other potential
pollutants such as construction wastes, toxic or hazardous substances, petroleum products,
pesticides, herbicides, site litter, sanitary wastes and other pollutants from entering the natural
drainage ways during the period of construction and land disturbance.
12) Description of Best Management Practices (BMP) that will be installed during land
disturbance to control pollutants in stormwater discharges that will occur after Land
Disturbance Activity has been completed.
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13) Location of temporary off-street parking and wash -down area for related vehicles.
14) Sources of off -site borrow material or spoil sites and all information relative to haul routes,
trucks and equipment.
15) The anticipated sequence of construction and Land Disturbance Activities, including
installation of Best Management Practices (BMP), removal of temporary Best Management
Practices (BMP), stripping and clearing; rough grading; construction utilities, infrastructure
and buildings; and final grading and landscaping. Sequencing shall identify the expected
date(s) on which clearing will begin, the estimated duration of exposure of cleared areas,
areas of clearing, installation of temporary erosion and sediment control measures and
establishment of permanent vegetation.
16) All erosion and sediment control measures necessary to meet the objectives of this Code
throughout all phases of construction and after completion of site development. Depending
upon the complexity of the project, the drafting of intermediate plans may be required at the
close of each season.
17) Seeding mixtures and rates, types of sod, method of seed bed preparation, expected
seeding dates, type and rate of lime and fertilizer application and kind and quantity of
mulching for both temporary and permanent vegetative control measures.
18) Provisions for maintenance of control facilities, including easements and estimates of the
cost of maintenance.
19) Plans for responding to any loss of contained sediment to include the immediate actions
the permit holder will take in case of a containment failure. This plan must include
documentation of actions and mandatory reporting to the Department of Public Works.
20) Schedules and procedures for routine inspections of any structures provided to prevent
pollution of stormwater or to remove pollutants from stormwater and of the site in general to
ensure all Best Management Practices (BMP) are continually implemented and are effective.
109.2 Required Plan Amendments — Stormwater Pollution Prevention Plan (SWPPP): The
permit holder shall amend the Stormwater Pollution Prevention Plan whenever:
1. Design, operation or maintenance of Best Management Practices (BMP) is changed;
2. Design of the construction project is changed that could significantly affect the quality of the
stormwater discharges;
3. Site operator's inspections indicate deficiencies in the Stormwater Pollution Prevention
Plan (SWPPP) or any Best Management Practices (BMP);
4. Inspections by County or by the Missouri Department of Natural Resources indicate
deficiencies in the Stormwater Pollution Prevention Plan (SWPPP) or any Best Management
Practices (BMP);
5. The Stormwater Pollution Prevention Plan (SWPPP) is determined to be ineffective in
significantly minimizing or controlling erosion or excessive sediment deposits in streams or
lakes;
6. The Stormwater Pollution Prevention Plan (SWPPP) is determined to be ineffective in
preventing pollution of waterways from construction wastes, chemicals, fueling facilities,
concrete truck washouts, toxic or hazardous materials, site litter or other substances or
wastes likely to have an adverse impact on water quality;
7. Total settleable solids from a stormwater outfall exceeds 0.5 ml/L/hr if the discharge is
within the prescribed proximity of a "Valuable Resource Water" as defined by the Missouri
Department of Natural Resources;
8. Total settleable solids from a stormwater outfall exceeds 2.5 ml/L/hr for any other outfall; or
9. The County or the Missouri Department of Natural Resources determines violations of
water quality standards may occur or have occurred.
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109.3 Permit Holder Responsibilities for Administration of Stormwater Pollution Prevention
Plan (SWPPP): The permit holder shall:
1. Notify all contractors and other entities (including utility crews, County employees or their
agents) that will perform work at the site of the existence of the Stormwater Pollution
Prevention Plan (SWPPP) and what actions or precautions shall be taken while on site to
minimize the potential for erosion and the potential for damaging any Best Management
Practices (BMP);
2. Determine the need for and establish training programs to ensure that all site workers have
been trained, at a minimum, in erosion control, material handling and storage and
housekeeping;
3. Provide copies of the Stormwater Pollution Prevention Plan (SWPPP) to all parties who are
responsible for installation, operation or maintenance of any Best Management Practices
(BMP); and
4. Maintain a current copy of the Stormwater Pollution Prevention Plan (SWPPP) on the site
at all times.
B. 1114.200 CHAPTER 2 — DESIGN REQUIREMENTS
1. SECTION 201.0 GENERAL
201.1 Design: The design of erosion and settlement controls required for Land Disturbance
Activities shall comply with the following minimum requirements:
1. Land disturbance, erosion and sediment control practices and watercourse crossings shall
be adequate to prevent transportation of sediment from the site.
2. Materials brought to any site or property under a permit issued under this Code, where said
material is intended to be utilized as fill material at the site for land disturbance, erosion or
sediment control, shall consist of clean uncontaminated earth, soil, dirt, sand, rocks, gravel or
masonry materials only.
3. Cut and fill slopes shall be no greater than 3:1 except as approved by the Department of
Public Works or the Department of Highways and Traffic to meet other community or
environmental objectives.
4. Clearing and grading of natural resources, such as forests and wetlands, shall not be
permitted, except when in compliance with all other County ordinances.
5. Clearing techniques that retain existing vegetation to the maximum extent practicable shall
be used and the time period for disturbed areas to be without vegetative cover shall be
minimized to the extent practical.
6. Clearing, except that necessary to establish sediment control devices, shall not begin until
all sediment control devices have been installed and have been stabilized.
7. Phasing shall be required on all sites disturbing greater than thirty (30) acres of land. The
size of each phase will be established by the Department of Planning at the time of plan
review for the issuance of a major Land Disturbance Permit.
201.2 Erosion Control Design: Erosion control requirements shall include the following:
1. Soil stabilization shall be completed within five (5) days of clearing or inactivity in
construction.
2. If seeding or another vegetative erosion control method is used, it shall become
established within two (2) weeks or the site shall be re -seeded or a non -vegetative option
employed.
3. Techniques shall be employed to ensure stabilization on steep slopes and in drainage
ways.
4. Soil stockpiles must be stabilized or covered at the end of each workday or perimeter
controls must be in place to prevent silt from the stockpile from leaving the site.
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5. The entire site must be stabilized, using a heavy mulch layer or another method that does
not require germination to control erosion, at the close of the construction season.
6. Techniques shall be employed to prevent the blowing of dust or sediment from the site.
7. Techniques shall be employed to divert upland runoff past disturbed slopes.
201.3 Sediment Control Design: Sediment control requirements shall include:
1. Settling basins, sediment traps or tanks and perimeter controls.
2. Settling basins shall be provided for each drainage area within ten (10) or more acres
disturbed at one time and shall be sized to contain one-half (0.5) inch of sediment from the
drainage area and be able to contain a 2 -year, 24 -hour storm. If the provision of a basin of
this size is impractical, other similarly effective Best Management Practices (BMP), as
evaluated and specified in the Stormwater Pollution Prevention Plan (SWPPP), shall be
provided.
3. Settling basins shall be designed in a manner that allows adaptation to provide long-term
stormwater management, as required by the County Department(s) having enforcement
authority and responsibilities described in Section 103.0 of this Code.
4. Settling basins shall have stabilized spillways to minimize the potential for erosion of the
spillway or basin embankment.
5. Protection for adjacent properties by the use of a vegetated buffer strip in combination with
perimeter controls.
201.4 Watercourse Design: Watercourse protection requirements shall include:
1. Encroachment into or crossings of active watercourses/riparian areas and wetlands shall
be avoided to the maximum extent practicable. All County, State and Federal permits and
approvals shall be obtained by a permit holder prior to beginning work authorized by a County
Land Disturbance Permit.
2. Stabilization of any watercourse channels before, during and after any in -channel work.
3. If a defined watercourse is to be re -aligned or re -configured, clearing and grubbing
activities within fifty (50) feet of the watercourse shall not begin until all materials and
equipment necessary to protect the watercourse and complete the work are on site. Once
started, work shall be completed as soon as possible. Areas within fifty (50) feet of the
watercourse shall be re -contoured and re -vegetated, seeded or otherwise protected within
five (5) working days after Land Disturbance Activities have ceased.
4. All stormwater conveyances shall be designed according to the criteria of the St. Louis
Metropolitan Sewer District (MSD) and the necessary MSD permits obtained.
5. Stabilization adequate to prevent erosion shall be provided at the outlets of all pipes and
paved channels.
201.5 Construction Site Access Design: Construction site access requirements for major Land
Disturbance Activities shall include:
1. A temporary access road provided at all land disturbance sites including a wash down area
supporting all active sites.
2. The Department of Highways and Traffic may require other measures to ensure that
construction vehicles do not track sediment onto public streets or be washed with wash
effluent channeled directly into storm drains.
201.6 Control of Construction Materials and Waste: Control requirements for construction
materials, construction wastes and other wastes generated on site at land disturbance sites
shall include provisions satisfactory to the County Department(s) having enforcement
authority and responsibilities described in Section 103.0 of this Code for:
1. Spill prevention and control facilities for materials such as paint, solvents, petroleum
products, chemicals, toxic or hazardous substances, substances regulated under the
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Resource Conservation and Recovery Act (RCRA) or the Comprehensive Environmental
Response, Compensation and Liability Act (CERCLA) and any wastes generated from the
use of such materials and substances, including their containers. Any containment systems
employed to meet this requirement shall be constructed of materials compatible with the
substances contained and shall be adequate to protect both surface and ground water.
2. Collection and disposal of discarded building materials and other construction site wastes,
including those listed in Section 201.6.1 above.
3. Litter control.
4. Control of concrete truck washouts.
5. Assurance that on -site fueling facilities will adhere to applicable Federal and State
regulations concerning storage and dispensers.
6. Provision of sufficient temporary toilet facilities to serve the number of workers on major
Land Disturbance sites.
C. 1114.300 CHAPTER 3 — INSPECTIONS
1. SECTION 301.0 GENERAL
301.1 Department of Public Works — General: The County Department(s) having
enforcement authority and responsibilities described in Section 103.0 of this Code shall make
inspections as herein required and shall either approve that portion of the work completed or
shall notify the permit holder wherein the work fails to comply with the Land Disturbance,
Erosion and Sediment Control Plan as approved. Plans for land disturbance, stripping,
excavating and filling work bearing the stamp of approval of the County Department issuing
the permit shall be maintained at the site during the progress of the work. To obtain
inspections, a permit holder shall notify the Department of Public Works at least two (2)
working days before the following:
1. Start of construction
2. Installation of sediment and erosion measures
3. Completion of site clearing
4. Completion of rough grading
5. Completion of final grading
6. Close of the construction season
7. Completion of final landscaping
Exception: Inspections conducted by the Department of Highways and Traffic related to
construction and maintenance of County highways and roadways.
301.1.1 Extra Inspections: In addition to the inspections otherwise required, the Department
of Public Works is authorized to perform and charge fees for extra inspections or re -
inspections which in their judgment are reasonably necessary due to non-compliance with the
requirements of this Code or work not ready or accessible for inspection when requested.
301.2 Permit Holder Inspection and Report Responsibilities — Major Land Disturbances: The
holder of a major Land Disturbance Permit or his/her agent shall cause regular inspections of
land disturbance sites, including all erosion and sediment and other pollutant control
measures, outfalls and off -site receiving waters in accordance with the inspection schedule
outlined in the approved Stormwater Pollution Prevention Plan (SWPPP). Inspections must be
scheduled at least once per week and no later than seventy-two (72) hours after heavy rain.
The purpose of such inspections will be to ensure proper installation, operation and
maintenance of Best Management Practices (BMP) and to determine the overall effectiveness
of the Stormwater Pollution Prevention Plan (SWPPP) and the need for additional control
measures. All inspections shall be documented in written form on weekly reports with copies
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submitted to the Department of Public Works at the time interval specified in the permit.
Permit holder inspection reports must include the following minimum information:
1. Inspector's name and signature;
2. Date of inspection;
3. Observations relative to the effectiveness of the Best Management Practices (BMPs);
4. Actions taken or necessary to correct deficiencies; and
5. A listing of areas where land disturbance operations have permanently or temporarily
stopped.
The permit holder shall notify the site contractor(s) responsible for any deficiencies identified
so that deficiencies can be corrected within seven (7) calendar days of the weekly inspection
report.
301.2.1 Verification of Permit Holder's Reports: The Department of Public Works may make
extra inspections as deemed necessary to ensure the validity of the reports filed under
Section 301.2 of this Code or to otherwise ensure proper installation, operation and
maintenance of Stormwater Best Management Practices (BMP) and to determine the overall
effectiveness of the Stormwater Pollution Prevention Plan (SWPPP) and the need for
additional control measures.
D. 1114.400 CHAPTER 4 — IMPLEMENTATION
1. SECTION 401 EFFECTIVE DATE OF CODE PROVISIONS
401.1 Effective Date of This Code: The provisions of this Code shall become effective ninety
(90) days after its adoption by the St. Louis County Council and approval by the County
Executive.
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