"Zoning Change" - "Civil Fines: $4,000 Per Day, Per Violation"
To Contact MSD: www.louisvillemsd.org/
"Call us 24/7: (502) 587-0603" (For those who can speak/hear and have a working phone). Per Spectrum (TWC, Charter) they do not offer nor have any information on TTY.
Sign in front says funded by Stock Yards Bank & Trust. Totally wiped out a natural area & migratory path.
Planning & Design
(502) 574-6230
444 S. 5th Street
Louisville, KY 40202
8:00am - 5:00pm
Maintenance of EPSC Measures During Construction
The Permittee, Co-permittee or his or her designee, is required to conduct inspections of all EPSC measures and perform any modifications, maintenance or repairs as necessary, every 7 calendar days and within 24 hours of each storm event that produces 0.5 inches or more of precipitation. Records of these inspections must be kept on site at all times for review by the appropriate compliance enforcement agency. Records shall be kept on the Stormwater Construction Site Inspection Report with approved construction drawings, Site Disturbance Permit and Notice of Construction.. MSD has a network of Rain Gauges that can be queried to determine the amount of rain recorded for a particular section of the county.
Compliance Enforcement Inspections
Inspection of land disturbing activities for compliance with the ordinance shall be the primary responsibility of MSD. In the course of their daily activities, other city and county inspectors may refer potential violations to MSD for follow-up and enforcement action.
Enforcement Procedures
It is the intent of this Ordinance that negotiated compliance be pursued and secured whenever practicable and effective prior to alternative enforcement measures being invoked. A Notice of Violation (NOV) and Stop Work Order shall be issued under the following conditions:
The negotiated compliance process fails to produce the necessary corrective action;
A land disturbing activity has proceeded without an approved plan, issuance of a Site Disturbance Permit and proper Notice of Construction; or,
A violation is causing, or has the imminent ability to cause, adverse impacts or offsite degradation.
Civil fines can range up to $4000 per day per violation. Appeals of NOVs and civil fines must be made to MSD in writing within 7 days of receipt.
louisvilleky.gov/sites/default/files/planning_design/land...
Erosion Prevention and Sediment Control Notes
The approved erosion prevention and sediment control (EPSC) plan shall be implemented prior to any land-disturbing activity on the construction site. Any modifications to the approved EPSC plan must be reviewed and approved by MSD's Private Development Review office. EPSC BMP's shall be installed per the plan and MSD Standards.
Detention basins, if applicable, shall be constructed first and shall perform as sediment basins during construction until the contributing drainage areas are seeded and stabilized.
Actions must be taken to minimize the tracking of mud and soil from construction areas onto public roadways. Soil tracked onto the roadway shall be removed daily.
Soil stockpiles shall be located away from streams, ponds, swales and catch basins. Stockpiles shall be seeded, mulched, and adequately contained through the use of silt fence.
All stream crossings must utilize low-water crossing structures per MSD Standard Drawing ER-02.
Sediment-laden groundwater encountered during trenching, boring, or other excavation activities shall be pumped to a sediment trapping device prior to being discharged into a stream, pond, swale, or catch basin.
Where construction or land disturbing activity will or has temporarily ceased on any portion of a site, temporary site stabilization measures shall be required as soon as practicable, but no later than 14 calendar days after the activity as ceased.
Site Disturbance Permit
Site Disturbance Permits are required for land disturbing activities subject to Type I and Type II reviews. The Type I review process applies to land disturbing activities subject to land use approval by the Louisville and Jefferson County Planning Commission, TRC, LD&T, Board of Zoning Adjustment or legislative body. Examples of land disturbing activities requiring Type I review are standard and innovative subdivisions, conditional use permits, general and detailed district developments and rezoning plans. Type II reviews are applicable to all land disturbing activities that do not require land use approval under the Development Code and include developments, demolition plans, site clearing, earth excavations or fills not performed with a specific project, and developments only needing a building permit to proceed to construction.
The Site Disturbance Permit process is described below:
The Application. An application must be completed and submitted with the plans for review and approval. The Permittee must sign the application declaring himself/herself as the person responsible for the land disturbing activity.
EPSC Plans. Type I projects on lands containing sensitive features require the submittal and approval of a EPSC Concept Plan along with, or as part of, the preliminary plan. Both Type I and Type II projects require the submittal and approval a EPSC Detailed Construction plan along with, or as part of, the normal construction drawings.
EPSC Detailed Construction Plan Checklist. A completed EPSC Detailed Construction Plan Checklist must be submitted for review and approval with the EPSC Detailed Construction plan.
Pre-construction site meetings. If required as a condition of EPSC Concept Plan approval or deemed necessary during the EPSC Detailed Construction plan approval process, a pre-construction site meeting shall be conducted prior to MSD final action on the EPSC Detailed Construction plan. MSD may also require a pre-construction site meeting as a condition of EPSC Detailed Construction plan approval and postpone such visit until Notice of Construction is received. The purpose of a pre-construction site meeting is to correct any inadequacies in the EPSC plan that are identified during the visit and to ensure that the Permittee, particularly the onsite contractor representative, understands the EPSC plan, and the self-inspection, maintenance and record keeping requirements.
Site Disturbance Bond. MSD may require a Site Disturbance performance bond, in addition to a lateral extension bond or a subdivision bond, in an amount sufficient to cover site stabilization costs should the site fall into default.
Notice of Construction. A Notice of Construction form must be filed with MSD upon approval of the EPSC Detailed Construction plan. The Notice must be received by MSD no less than 3 working days prior to construction activity initiation such that an inspector can be assigned and any applicable pre-construction meetings may be scheduled.
Issuance of a Site Disturbance Permit. Upon adequate completion of the above activities, as applicable, MSD will issue a Site Disturbance Permit. No land disturbing activities, including clearing, grubbing, or blasting, may occur on the site prior to this time. Doing so will result in an immediate issuance of a Notice of Violation with a civil fine and a Stop Work Order.
The process for the release of a Site Disturbance Permit is described below:
Final Stabilization. Final stabilization at the site must be achieved as follows:
all land disturbing activities at the site have been completed;
there are no areas of active erosion evident; and,
a permanent perennial vegetative cover with a density of 70% of the cover for the area has been established or the area has been seeded and interim measures (i.e., mulches or geotextiles) sufficient to prevent erosion from disturbed areas have been employed.
Letter of Completion. A Letter of Completion must be given to the appropriate MSD inspector upon completion of site construction and final stabilization. On this letter, the Permittee shall certify that construction, including final stabilization, is complete and in accordance with all approved EPSC plans.
Release of the Site Disturbance Permit. Once the results of the final MSD inspection signify compliance with the approved EPSC plans, including final stabilization, the site disturbance permit shall be terminated.
Release of the Site Disturbance Bond. One year after release of the site disturbance permit, the final inspection for the release of the Site Disturbance Bond may be conducted.
"Zoning Change" - "Civil Fines: $4,000 Per Day, Per Violation"
To Contact MSD: www.louisvillemsd.org/
"Call us 24/7: (502) 587-0603" (For those who can speak/hear and have a working phone). Per Spectrum (TWC, Charter) they do not offer nor have any information on TTY.
Sign in front says funded by Stock Yards Bank & Trust. Totally wiped out a natural area & migratory path.
Planning & Design
(502) 574-6230
444 S. 5th Street
Louisville, KY 40202
8:00am - 5:00pm
Maintenance of EPSC Measures During Construction
The Permittee, Co-permittee or his or her designee, is required to conduct inspections of all EPSC measures and perform any modifications, maintenance or repairs as necessary, every 7 calendar days and within 24 hours of each storm event that produces 0.5 inches or more of precipitation. Records of these inspections must be kept on site at all times for review by the appropriate compliance enforcement agency. Records shall be kept on the Stormwater Construction Site Inspection Report with approved construction drawings, Site Disturbance Permit and Notice of Construction.. MSD has a network of Rain Gauges that can be queried to determine the amount of rain recorded for a particular section of the county.
Compliance Enforcement Inspections
Inspection of land disturbing activities for compliance with the ordinance shall be the primary responsibility of MSD. In the course of their daily activities, other city and county inspectors may refer potential violations to MSD for follow-up and enforcement action.
Enforcement Procedures
It is the intent of this Ordinance that negotiated compliance be pursued and secured whenever practicable and effective prior to alternative enforcement measures being invoked. A Notice of Violation (NOV) and Stop Work Order shall be issued under the following conditions:
The negotiated compliance process fails to produce the necessary corrective action;
A land disturbing activity has proceeded without an approved plan, issuance of a Site Disturbance Permit and proper Notice of Construction; or,
A violation is causing, or has the imminent ability to cause, adverse impacts or offsite degradation.
Civil fines can range up to $4000 per day per violation. Appeals of NOVs and civil fines must be made to MSD in writing within 7 days of receipt.
louisvilleky.gov/sites/default/files/planning_design/land...
Erosion Prevention and Sediment Control Notes
The approved erosion prevention and sediment control (EPSC) plan shall be implemented prior to any land-disturbing activity on the construction site. Any modifications to the approved EPSC plan must be reviewed and approved by MSD's Private Development Review office. EPSC BMP's shall be installed per the plan and MSD Standards.
Detention basins, if applicable, shall be constructed first and shall perform as sediment basins during construction until the contributing drainage areas are seeded and stabilized.
Actions must be taken to minimize the tracking of mud and soil from construction areas onto public roadways. Soil tracked onto the roadway shall be removed daily.
Soil stockpiles shall be located away from streams, ponds, swales and catch basins. Stockpiles shall be seeded, mulched, and adequately contained through the use of silt fence.
All stream crossings must utilize low-water crossing structures per MSD Standard Drawing ER-02.
Sediment-laden groundwater encountered during trenching, boring, or other excavation activities shall be pumped to a sediment trapping device prior to being discharged into a stream, pond, swale, or catch basin.
Where construction or land disturbing activity will or has temporarily ceased on any portion of a site, temporary site stabilization measures shall be required as soon as practicable, but no later than 14 calendar days after the activity as ceased.
Site Disturbance Permit
Site Disturbance Permits are required for land disturbing activities subject to Type I and Type II reviews. The Type I review process applies to land disturbing activities subject to land use approval by the Louisville and Jefferson County Planning Commission, TRC, LD&T, Board of Zoning Adjustment or legislative body. Examples of land disturbing activities requiring Type I review are standard and innovative subdivisions, conditional use permits, general and detailed district developments and rezoning plans. Type II reviews are applicable to all land disturbing activities that do not require land use approval under the Development Code and include developments, demolition plans, site clearing, earth excavations or fills not performed with a specific project, and developments only needing a building permit to proceed to construction.
The Site Disturbance Permit process is described below:
The Application. An application must be completed and submitted with the plans for review and approval. The Permittee must sign the application declaring himself/herself as the person responsible for the land disturbing activity.
EPSC Plans. Type I projects on lands containing sensitive features require the submittal and approval of a EPSC Concept Plan along with, or as part of, the preliminary plan. Both Type I and Type II projects require the submittal and approval a EPSC Detailed Construction plan along with, or as part of, the normal construction drawings.
EPSC Detailed Construction Plan Checklist. A completed EPSC Detailed Construction Plan Checklist must be submitted for review and approval with the EPSC Detailed Construction plan.
Pre-construction site meetings. If required as a condition of EPSC Concept Plan approval or deemed necessary during the EPSC Detailed Construction plan approval process, a pre-construction site meeting shall be conducted prior to MSD final action on the EPSC Detailed Construction plan. MSD may also require a pre-construction site meeting as a condition of EPSC Detailed Construction plan approval and postpone such visit until Notice of Construction is received. The purpose of a pre-construction site meeting is to correct any inadequacies in the EPSC plan that are identified during the visit and to ensure that the Permittee, particularly the onsite contractor representative, understands the EPSC plan, and the self-inspection, maintenance and record keeping requirements.
Site Disturbance Bond. MSD may require a Site Disturbance performance bond, in addition to a lateral extension bond or a subdivision bond, in an amount sufficient to cover site stabilization costs should the site fall into default.
Notice of Construction. A Notice of Construction form must be filed with MSD upon approval of the EPSC Detailed Construction plan. The Notice must be received by MSD no less than 3 working days prior to construction activity initiation such that an inspector can be assigned and any applicable pre-construction meetings may be scheduled.
Issuance of a Site Disturbance Permit. Upon adequate completion of the above activities, as applicable, MSD will issue a Site Disturbance Permit. No land disturbing activities, including clearing, grubbing, or blasting, may occur on the site prior to this time. Doing so will result in an immediate issuance of a Notice of Violation with a civil fine and a Stop Work Order.
The process for the release of a Site Disturbance Permit is described below:
Final Stabilization. Final stabilization at the site must be achieved as follows:
all land disturbing activities at the site have been completed;
there are no areas of active erosion evident; and,
a permanent perennial vegetative cover with a density of 70% of the cover for the area has been established or the area has been seeded and interim measures (i.e., mulches or geotextiles) sufficient to prevent erosion from disturbed areas have been employed.
Letter of Completion. A Letter of Completion must be given to the appropriate MSD inspector upon completion of site construction and final stabilization. On this letter, the Permittee shall certify that construction, including final stabilization, is complete and in accordance with all approved EPSC plans.
Release of the Site Disturbance Permit. Once the results of the final MSD inspection signify compliance with the approved EPSC plans, including final stabilization, the site disturbance permit shall be terminated.
Release of the Site Disturbance Bond. One year after release of the site disturbance permit, the final inspection for the release of the Site Disturbance Bond may be conducted.