§ 13-67. Appeals.

Any person receiving a notice of violation may appeal the determination of the authorized enforcement agency. The notice of appeal must be filed with the city council. A hearing on the appeal before the city council shall be set by the council with at least ten-days' notice to the violator.

If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an unsuccessful appeal, then representatives of the authorized enforcement agency may enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above.

(Ord. No. 172-2007, (Art. 14.0), 4-17-07)

APPENDIX A. PLACEHOLDER FOR CITY OF GAUTIER PERMIT APPLICATION NOTICE OF INTENT (NOI) FORM

City of Gautier
Small Construction Notice of Intent (SCNOI)
General NPDES Permit MSMS4012

Prior to the commencement of small construction activities, the owner or operator of a small construction project must complete this form and develop a Stormwater Pollution Prevention Plan (SWPPP) as required by Part II of Mississippi's Small Construction General Permit and the City of Gautier's Ordinance for Stormwater Runoff, Illicit Discharges and Illegal Connections. This SCNOI and SWPPP shall be submitted to the City of Gautier Code Enforcement Office prior to obtaining a general construction permit. The SCNOI and SWPPP must be maintained at the permitted site or locally available in case inspector review is necessary. Attachments with this SCNOI must include: A USGS quad map or copy showing the site location and a Stormwater Pollution Prevention Plan (SWPPP). All questions must be answered — answer "NA" if the question is not applicable.

PROJECT INFORMATION

OPERATOR (if different from owner) CONTACT PERSON
_____
OPERATOR COMPANY:
_____
OPERATOR STREET (P.O. BOX)
_____
OPERATOR CITY:
_____
STATE: _____ZIP: _____
OPERATOR PHONE # (INCLUDE AREA CODE):
_____

OWNER CONTACT PERSON:
_____
OWNER COMPANY NAME:
_____
OWNER STREET (P.O. BOX):
_____
OWNER CITY:
_____
STATE: _____ZIP: _____
OWNER PHONE # (INCLUDE AREA CODE):
_____

PROJECT NAME _____
DESCRIPTION OF CONSTRUCTION ACTIVITY: _____
_____
ACREAGE DISTURBED (to be covered by this permit must be less than five (5) acres): _____
PHYSICAL SITE ADDRESS (IF NOT AVAILABLE INDICATE THE NEAREST NAMED ROAD):
STREET: _____
CITY: _____COUNTY: _____ZIP: _____
NEAREST NAMED RECEIVING STREAM: _____

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
Signature _____Date Signed _____
Printed Name _____Title _____

APPENDIX B. SWPPP DETAILS AND REQUIREMENTS

A.

SWPPP Development. A SWPPP shall be developed and implemented by the owner or operator of a small construction project. The SWPPP must include a description of appropriate control measures (i.e., BMPs) that will be implemented as part of the construction activity to control pollutants in storm water discharges.

1.

The SWPPP shall be retained at the permitted site or locally available. A copy of the SWPPP must be made available to the MDEQ inspectors for review at the time of an onsite inspection.

2.

BMPs shall be in place upon commencement of construction.

3.

The Executive Director of MDEQ 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 Executive Director that the requested changes have been made. Unless otherwise provided by the Executive Director, the requested changes shall be made within 15 days.

4.

The owner or operator shall amend the SWPPP and implement the changes before there is a change in construction, operation, or maintenance, which may potentially effect the discharge of pollutants to State waters.

5.

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 nonfunctioning BMPs.

B.

Compliance with Local Storm Water Ordinances.

1.

In addition to the requirements of this permit, the SWPPP shall be in compliance with all local storm water ordinances and shall provide a brief description of applicable local erosion and sediment controls and post-construction BMPs.

2.

When storm water discharges into a municipal storm sewer system, the owner or operator must make the SWPPP available to the municipal authority upon request.

C.

SWPPP Details.

1.

Owner or Operator. The SWPPP shall identify the "owner or operator" as defined in Part VII. of this permit. The operator's name, complete mailing address and telephone number(s) shall be identified on the plan.

2.

Erosion and Sediment Controls. The owner or operator shall list and describe controls appropriate for the construction activities and the procedures for implementing such controls. Controls shall be designed to retain sediment onsite and should:

• Divert upslope water around disturbed areas

• Limit exposure of disturbed areas to the shortest time possible

• Disturb the smallest area possible

• Preserve existing vegetation where possible, especially trees

• Preserve vegetated buffer zones around any creek, drain, lake, pond or wetland

• Slow rainfall runoff velocities to prevent erosive flows

• Avoid disturbing sensitive areas such as:

- Steep and/or unstable slopes

- Land upslope of surface waters

- Areas with erodible soils

- Existing drainage channels

• Transport runoff down steep slopes through lined channels or piping

• Minimize the amount of cut and fill

• Re-vegetate disturbed areas as soon as possible

• Implement best management practices to mitigate adverse impacts from storm water runoff; and

• Remove sediment from storm water before it leaves the site by allowing runoff to pond in controlled areas to drop out sediment

• Filter runoff by using natural vegetation, brush barriers, silt fences, hay bales, etc.

At a minimum, the controls must be in accordance with the standards set forth in "Planning and Design Manual for the Control of Erosion, Sediment & Stormwater," or other recognized Manual of design as appropriate for Mississippi. The planning and design manual can be obtained by calling 601/961-5171 or may be found electronically at Mississippi State's educational web site at http://abe.msstate.edu/csd/p-dm/. In addition, Mississippi's "Storm Water Pollution Prevention Plan (SWPPP) Guidance Manual for Construction Activities" is available by calling 601/961-5171 or on the MDEQ website at www.deq.state.ms.us. The erosion and sediment controls shall address the following minimum components.

B.

Vegetative practices shall be designed to preserve existing vegetation where possible and revegetate disturbed areas as soon as practicable after grading or construction. Such practices may include surface roughening, temporary seeding, permanent seeding, mulching, sod stabilization, vegetative buffer strips, and protection of trees.

C.

Structural practices shall divert flows from exposed soils, store flows or otherwise limit runoff from exposed areas. Such practices may include construction entrance/exit, straw bale dikes, silt fences, earth dikes, brush barriers, drainage swales, check dams, subsurface drains, pipe slope drains, level spreaders, drain inlet protection, outlet protection, detention/retention basins, sediment traps, temporary sediment basins or equivalent sediment controls.

D.

Post construction control measures shall be installed to control pollutants in storm water after construction is complete. These controls include, but are not limited to onsite infiltration of runoff, flow attenuation using open vegetated swales, exfiltration trenches and natural depressions, constructed wetlands and retention/detention structures. Where needed, velocity dissipation devices shall be placed at detention or retention pond outfalls and along the outfall channel to provide a nonerosive flow.

3.

Non-StormWater Discharges. Except for flows from fire fighting activities, sources of non-storm water listed in Part I. E. of this permit that are combined with storm water discharges associated with construction activity must be identified in the SWPPP. The SWPPP must identify and ensure the implementation of appropriate pollution prevention measures for the non-storm water component(s) of the discharge.

4.

Housekeeping Practices. The owner or operator shall describe and list practices appropriate to prevent pollutants from entering storm water from construction sites due to poor housekeeping. The owner or operator shall:

• Designate areas for equipment maintenance and repair and concrete chute wash off;

• Provide waste receptacles at convenient locations;

• Provide regular collection of waste;

• Provide protected storage areas for chemicals, paints, solvents, fertilizers, and other potentially toxic materials;

• Provide adequately maintained sanitary facilities; and

• Provide secondary containment around onsite fuel tanks.

Releases into the environment of hazardous substances, oil, and pollutants or contaminants, which pose a threat to applicable water quality standards or causes a film, sheen or discoloration of State waters, shall be reported to the:

• Mississippi Emergency Management Agency [phone]

• National Response Center I-800-424-8802

5.

Prepare Scaled Site Map. The owner or operator shall prepare a scaled site map showing total area of the site, original and proposed contours (if practicable), direction of flow of storm water runoff, adjacent receiving water bodies, north arrow, all erosion & sediment controls (vegetative and structural), post construction control measures as described in Part III. C. 2. of this permit, and an estimate of the pre and post construction runoff coefficients of the site (see runoff coefficients in Part VII.) and the increase in impervious area.

6.

Implementation Sequence. The owner or operator shall prepare an orderly listing which coordinates the timing of all major land-disturbing activities together with the necessary erosion and sedimentation control measures planned for the project.

(Ord. No. 172-2007, (Art. 14.0), 4-17-07)