§ 26-292. During grading or construction.

(a)

The owner or operator shall at all times properly operate and maintain all erosion prevention and sediment control measures, stormwater management facilities, and related appurtenances which are installed or used by the property owner to achieve compliance with this article.

(b)

The owner or operator shall maintain erosion prevention and sediment control and construction site measures in the manner specified by the state of general NPDES permit for discharges of stormwater associated with construction activities and the TDEC erosion and sediment control handbook, as amended, by qualified personnel that are provided by the owner or operator of the land disturbing activity. Other technical guidance for site environmental controls are provided or referenced in the stormwater management manual, as amended.

(c)

If sediment escapes the construction site, off-site accumulations of sediment that have not reached a stream must be removed at a frequency sufficient to minimize off-site impacts. Fugitive sediment that has escaped the construction site and has collected in a street must be removed so that it is not subsequently washed into storm sewers and streams by the next rain and/or so that it does not pose a safety hazard to users of public streets. Owners and operators shall not initiate remediation/restoration of a stream without consulting TDEC first, and such activities shall be performed in accordance with all county, state, and federal laws and regulations.

(Ord. No. O-07-12-101, § 2(§ 10.2), 1-28-08)