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Per 16-38 PERFORMANCE STANDARDS FOR CONSTRUCTION SITES NOT REQUIRED TO BE PERMITTED.
(a) Responsible party. The landowner of the construction site or other person contracted or obligated by other agreement with the landowner to implement and maintain construction site BMPs is the responsible party and shall comply with this section.
(b) Erosion and sediment control practices. Erosion and sediment control practices at each site where land disturbing construction activity is to occur shall be used to prevent or reduce all of the following:
(1) The deposition of soil from being tracked onto streets by vehicles.
(2) The discharge of sediment from disturbed areas into on-site stormwater inlets.
(3) The discharge of sediment from disturbed areas into adjacent waters of the state.
(4) The discharge of sediment from drainage ways that flow off the site.
(5) The discharge of sediment by dewatering activities.
(6) The discharge of sediment eroding from soil stockpiles existing for more than seven days.
(7) The transport by runoff into waters of the state of chemicals, cement, and other building compounds and materials on the construction site during the construction period. However, projects that require the placement of these materials in waters of the state, such as constructing bridge footings or BMP installations, are not prohibited by this section.
(c) Location. The BMPs shall be located so that treatment occurs before runoff enters waters of the state.
(d) Implementation. The BMPs used to comply with this section shall be implemented as follows:
(1) Erosion and sediment control practices shall be constructed or installed before land disturbing construction activities begin.
(2) Erosion and sediment control practices shall be maintained until final stabilization.
(3) Final stabilization activity shall commence when land disturbing activities cease and final grade has been reached on any portion of the site.
(4) Temporary stabilization activity shall commence when land disturbing activities have temporarily ceased and will not resume for a period exceeding 14 calendar days.
(5) BMPs that are no longer necessary for erosion and sediment control shall be removed by the responsible party.
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