SECTION 131

SECTION 131 EROSION AND SEDIMENT CONTROLS

131.01 Purpose

The purpose of this ordinance is to safeguard persons, protect property, and prevent damage

to the natural environment in Hattiesburg, Mississippi. This ordinance 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 the topsoil or alters the flow

of storm water as a result from land disturbance activity within the City of Hattiesburg.

During the construction process, 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. Eroded soil also necessitates repair of

sewers and ditches and the dredging of ponds and lakes. In addition, clearing and grading

during construction causes the loss of native vegetation necessary for terrestrial and aquatic

habitat. (Added by Ord. 2947, Sec. 1, 2/20/07)

131.02. Definitions

BMPs: Best Management Practices means schedules of activities, prohibitions of practices,

maintenance procedures, and other management practices to prevent or reduce the discharge

of pollutants to waters of the United States.

Clearing: Any activity that removes the vegetative surface cover.

Drainage Way: Any channel that conveys surface runoff throughout the site.

Erosion: Erosion is the displacement of solids (soil, mud, rock and other particles) by the

agents of wind, water or ice, mechanical processes including vehicular traffic, by downward

or down-slope movement in response to gravity.

Erosion Control: A barrier that prevents erosion from leaving a site by filtering sediment-

laden runoff or diverting it to a sediment trap or basin; (i.e., silt fences or other BMPs).

Erosion and Sediment Control Plan: A set of plans prepared by or under the direction of a

licensed professional engineer indicating the specific measures and sequencing to be used to

control sediment and erosion on a development site during and after construction.

Grading: Excavation or fill of material, including the resulting conditions thereof.

Land Disturbance Permit: A permit issued by the municipality for the construction or

alteration of ground improvements and structures for the control of erosion, runoff, and

grading.

MDEQ: Mississippi Department of Environmental Quality.

NOI: Notice of Intent to commence construction activity on one or more acre(s).

Sediment Control: Measures that prevent eroded sediment from leaving the site.

Site: A parcel of land or a contiguous combination thereof, where grading work is performed

as a single unified development.

Stabilization: The application of practices that prevent exposed soil from eroding.

Start of Construction: The first land-disturbing activity associated with a development,

including land preparation such as clearing, grading, and filling; installation of streets and

walkways; excavation for basements, footings, piers, or foundations; erection of temporary

forms; and installation of accessory buildings such as garages.

Storm Water: Any rainfall, runoff, snowmelt runoff, and surface runoff.

Storm Water Pollution Prevention Plan (SWPPP): A plan that includes site map(s), an

identification of construction/contractor activities that could cause pollutants in the storm

water, and a description of measures or practices to control these pollutants. (Added by Ord.

2947, Sec. 2, 2/20/07)

131.03 Land Disturbance Permit Required

1. No land disturbance, construction or land development activity may commence, and

no land owner or land developer shall receive Site Plan Approval, preliminary plat

approval, or any building, grading or other land development permits required for

land disturbance activities without first meeting the requirements of this ordinance.

Permits for land disturbance and storm water pollution prevention plans (SWPPP) are

required as follows:

A. Less than one-half acre (21,780 square feet) of land disturbed: No permit or

SWPPP required.

B. One-half acre to 0.999 acre of land disturbed: A City of Hattiesburg Land

Disturbance Permit is required. A SWPP is not required.

C. One acre to 4.999 acres of land disturbed: A City of Hattiesburg Land

Disturbance Permit, a Small Construction General Permit, a Notice of Intent

(NOI) and SWPPP are required. The application packets are available from

the City of Hattiesburg’s Department of Urban Development. (MDEQ

approval not required, unless deemed necessary.)

D. Five acres or greater: A City of Hattiesburg Land Disturbance Permit, a

MDEQ Large Construction Permit, NOI and SWPPP are required. The Large

Construction General Permit package must be submitted directly to MDEQ,

Jackson, MS. No permits will be issued pending MDEQ approval of a Large

Construction General permit. Copies of the permit application and subsequent

modifications and approvals shall be submitted to the City of Hattiesburg Site

Plan Review Committee.

2. No land disturbance permit is required for the following activities:

A. Any emergency activity that is immediately necessary for the protection of

life, property, or natural resources.

B. Existing nursery and agricultural operations conducted as a permitted main or

accessory use. (Added by Ord. 2947, Sec. 3, 2/20/07)

131.04 Application Requirements

The application for a Land Disturbance Permit is required by the city for all parcels

containing one-half acre or more of disturbed land area, in addition to a small or large

construction general permit, if applicable. The following application materials shall be

submitted to the Land Development Code Administrator:

1. Land Disturbance Permit. The application for the Land Disturbance Permit for one-

half acre to 0.999 acre shall be submitted on a form provided by the Land

Development Code Administrator and shall contain the following information:

A. Location of the subject property;

B. Detailed site plan delineating proposed area of land disturbance and placement

of erosion and sediment control measures.

C. Narrative describing proposed activity and any measures that will be

employed to minimize erosion and sedimentation.

D. Any other information deemed necessary for review.

Application for said land disturbance permit shall be made prior to commencing any

land disturbance activities or, if the activity requires approval by the Site Plan Review

Committee, the land disturbance application may be submitted concurrently with the

application for Site Plan Review as described under Section 96 of the Land

Development Code.

Permits Required

Acre(s) Disturbed

Land Disturbance

Permit Required

from the City

Construction Permits (including

Notice of Intent & SWPPP)

Required

Submittal and

Approval

Required by:

Less than ½ acre (21,780 sq. ft.)

None

0.5 (½) acre to 0.999 acre

Yes

City

1 acre to 4.999 acres

Yes

Small Construction General Permit

City

5 acres or greater

Yes

MDEQ Large Construction General

Permit

MDEQ

2. Small Construction General Permit. The application for a Small Construction

General Permit is required for any parcel containing between one acre and 4.999

acres. Application materials shall be submitted to the Land Development Code

Administrator and shall contain the following information:

A. Land Disturbance Permit application;

B. Small Construction General Permit application, which includes;

1. Notice of Intent (NOI); and

2. Storm Water Pollution Prevention Plan.

Applications for said permits are provided by the Land Development Code

Administrator. The applications shall be submitted concurrently with the application

for Site Plan Review as described under Section 96 of the City of Hattiesburg Land

Development Code.

3. Large Construction General Permit. The application for a Large Construction

General Permit is required for any parcel containing five acres or more and is made

directly to the Mississippi Department of Environmental Quality (MDEQ). A copy of

the MDEQ application materials shall be submitted to the Land Development Code

Administrator along with a site plan and shall contain the following information:

A. Land Disturbance Permit application;

B. Large Construction General Permit application, which includes;

1. Notice of Intent (NOI); and

2. Storm Water Pollution Prevention Plan.

Copies of all application materials are provided by the Land Development Code

Administrator and shall be submitted to the Hattiesburg Site Plan Review Committee

along with an application for Site Plan Review. No land disturbance or construction

related permits will be issued by the City of Hattiesburg without MDEQ approval of

the Large Construction General permit. Subsequent plan modifications and approvals

shall be made available to the committee. (Added by Ord. 2947, Sec. 4, 2/20/07)

131.05 Responsibility for Administration, Review, Approval and Enforcement

1. Land Development Code Administrator. The Land Development Code Administrator

or his/her designee shall be responsible for administrating and coordinating the

review of all permit applications.

2. Site Plan Review Committee. The City of Hattiesburg Site Plan Review Committee

shall be responsible for reviewing and approving all Land Disturbance Permit and

Small Construction General Permit applications as outlined in Section III.

3. Building Official. The Building Official, acting as a representative of the Urban

Development Department, or his/her designee shall be responsible for issuing land

disturbance and small construction general permits, subject to Site Plan Review

Approval. Other responsibilities include monitoring, inspecting, and enforcement, as

required, of properties with approved Land Disturbance Permits.

4. Director of Public Services. The Director of Public Services or his/her designee shall

be responsible for making periodic inspections and recommendations in coordination

with the permitting responsibilities of the Building Official.

(Added by Ord. 2947, Sec. 5, 2/20/07)

131.06 Land Disturbance Permit and Small Construction General Permit Review and

Approval

1. Land Disturbance Permit. The Site Plan Review Committee will review each

application for approval of a Land Disturbance Permit to determine its conformance

with the provisions of this ordinance. Within 30 days after receiving an application,

or 90 days, in the event that the plan is subject to approval of the governing body, the

Site Plan Review Committee shall, in writing:

A. Approve the permit application;

B. Approve the permit application subject to such reasonable conditions as may

be necessary to secure substantially the objectives of this regulation, and issue

the permit subject to these conditions; or

C. Disapprove the permit application, indicating the reason(s) and procedure for

submitting a revised application.

2. Small Construction General Permit. The Site Plan Review Committee will review

each application for approval of a Small Construction General Permit to determine its

conformance with the provisions of this ordinance. Within 30 days after receiving an

application, or 90 days, in the event that the plan is subject to approval of the

governing body and/or MDEQ, the Site Plan Review Committee shall, in writing:

Responsibility for Administration and Enforcement of Land Disturbance Permits and Small Construction General Permits

Administration

Review

Approval

Issuing

Permits

Inspection

Enforcement

Land Development Code

Administrator

Site Plan Review Committee

Building Official

Director of Public Services

A. Approve the permit application;

B. Approve the permit application subject to such reasonable conditions as

may be necessary to secure substantially the objectives of this regulation,

and issue the permit subject to these conditions; or

C. Disapprove the permit application, indicating the reason(s) and procedure

for submitting a revised application.

3. Large Construction General Permit: The Site Plan Review Committee will

require a copy of the application, as submitted to MDEQ for approval, for a

Large Construction General Permit. The Site Plan Review Committee will review

the Land Disturbance Permit application to determine its conformance with the

provisions of this ordinance. Within 30 days after receiving an application, or 90

days, in the event that the plan is subject to approval of the governing body and/or

MDEQ, the Site Plan Review Committee shall, in writing:

A. Approve the permit application;

B. Approve the permit application subject to such reasonable conditions as

may be necessary to secure substantially the objectives of this regulation,

and issue the permit subject to these conditions; or

C. Disapprove the permit application, indicating the reason(s) and procedure

for submitting a revised application.

If recommended by the Site Plan Review Committee, the applicant may be

required by the Department of Public Services to file a performance bond,

irrevocable letter of credit, or other improvement security in an amount deemed

sufficient by the Director of Public Services or his/her designee. The intent of the

aforementioned agreements is to cover all costs of improvements, landscaping,

engineering and inspection, and maintenance of improvements for such period of

time as specified by the Site Plan Review Committee. These measures are

required to cover the cost of failure or repair of improvements installed on the

site. (Added by Ord. 2947, Sec. 6, 2/20/07)

131.07 Storm Water Pollution Prevention Plan (SWPPP)

1. SWPPP Development. A SWPPP shall be developed and implemented by the

owner or operator of Small and Large Construction General permit projects. The

Storm Water Pollution Prevention Plan (SWPPP) shall at a minimum, be in

accordance with the standards set forth in the " MS Storm Water Pollution

Prevention Plan (SWPPP) Guidance Manual for Construction Activities" or

MDEQ equivalent. The planning and design manual can be obtained from the

Mississippi Department of Environmental Quality, Jackson, Mississippi.

2. The SWPPP must include a description of the appropriate control measures (i.e.,

BMPs) that will be implemented as part of the construction activity to control

pollutants in storm water discharges.

A. The SWPPP shall be retained at the permitted site or locally available. A copy

of the SWPPP must be made available to the City of Hattiesburg and/or

MDEQ inspectors for review at the time of an on-site inspection.

B. BMPs shall be in place upon commencement of construction.

C. The City’s Building Official, the Director of Public Services or their

designated representative may notify the owner or operator at any time that

the SWPPP does not meet the minimum requirements of this permit. After

notification, the owner or operator shall amend the SWPPP, implement the

changes and certify in writing to the Building Official that the requested

changes have been made. Unless otherwise provided by the Building Official,

the requested changes shall be made within 5 business days.

D. The owner or operator shall amend the SWPPP and implement the changes

before there is a change in land disturbance, construction, operation, or

maintenance, which may potentially affect the discharge of pollutants to State

waters.

The owner or operator shall amend the SWPPP and implement the changes if

the SWPPP proves to be ineffective in controlling storm water pollutants

including, but not limited to, significant sediment leaving the site and non-

functioning BMPs. (Added by Ord. 2947, Sec. 7, 2/20/07)

131.08 Inspection

1. The Director of the Public Services Department or his/her designated

representative, and the Building Official of the Urban Development Department

or his/her designated representative shall coordinate inspections as hereinafter

required and either shall approve that portion of the work completed or shall

notify the permittee wherein the work fails to comply with the Storm Water

Pollution Prevention Plan as approved. Plans for grading, stripping, excavating,

and filling work bearing the stamp of approval of the Site Plan Review

Committee shall be maintained at the project site and made available for periodic

inspection by the City of Hattiesburg and/or MDEQ during the progress of the

work. To obtain inspections, the permittee shall notify the office of the Building

Official in the Urban Development Department at least two working days before

the following:

A. Installation of sediment and erosion measures (Inspection by Public

Services Dept.);

B. Completion of site clearing and grubbing (Inspection by Public Services

Dept.);

C. Start of building construction; (Inspection by Urban Development Dept.);

D. Completion of final grading (Inspection by Urban Development Dept.);

E. Completion of final landscaping (Inspection by Urban Development

Dept.).

2. Inspection Requirements. The permittee or his/her representative shall make

regular weekly inspections of all control measures in accordance with the

inspection schedule outlined on the approved Storm Water Pollution Prevention

Plan. The purpose of such inspections will be to determine the overall

effectiveness of the control plan and the need for additional control measures. All

inspections shall be documented in written form and submitted to the Site Plan

Review Committee at the time interval specified in the approved permit.

3. Inspection Schedules.

Inspection of all erosion controls and other SWPPP requirements shall be

performed by the permittee or his/her representative during land disturbing

activities. Inspections shall be performed:

A. At least once a week;

B. Within 24 hours of the end of a storm event of a half-inch or greater;

C. As often as is necessary to ensure that appropriate erosion and sediment

controls have been properly constructed and maintained and determine if

additional or alternative control measures are required.

4. Documentation of Inspections. All inspections associated with this permit must

be documented and certified (refer to Inspection and Certification forms found in

Small or Large Construction General Permit). Documentation must include the

day and time the inspection was performed, who performed the inspection, any

deficiencies noted, and corrective action needed. Documentation of all inspections

must be kept with the SWPPP. Inspections must continue until such time that

planned construction activities have been completed, land disturbing activities

have ceased and disturbed areas have been stabilized with no significant erosion

occurring.

5. Authorized Entry

The Building Official, Director of Public Services or their designated

representative shall enter the property of the applicant as deemed necessary to

make periodic inspections to ensure the validity of the reports filed under Section

B. (Added by Ord. 2947, Sec. 8, 2/20/07)

131.09 Enforcement

1. Stop-Work Order; Revocation of Permit

In the event that any natural person, legal entities or corporation holding a land

disturbance permit pursuant to this ordinance violates the terms of the permit or

implements a site development in such a manner as to adversely affect the health,

welfare, and/or safety of persons residing or working in the neighborhood or

development site so as to be materially detrimental to the public welfare or injurious to

property or improvements in the neighborhood, the Building Official may suspend or

revoke the land disturbance permit.

2. Violation and Penalties

No natural person, legal entities or corporation shall construct, enlarge, alter,

repair, or maintain any grading, excavation, or fill, or cause the same to be done,

contrary to or in violation of any terms of this ordinance. Any person violating

any of the provisions of this ordinance shall be deemed guilty of a misdemeanor

and each day during which any violation of any of the provisions of this ordinance

is committed, continued, or permitted, shall constitute a separate offense. Upon

conviction of any such violation, such person, partnership, or corporation shall be

punished by a fine as established by the Section 1-10 and 1-11 in the City Code of

Ordinances. In addition to any other penalty authorized by this section, any

person, partnership, or corporation convicted of violating any of the provisions of

this ordinance shall be required to bear the expense of such restoration. (Added by

Ord. 2947, Sec. 9, 2/20/07)