Chapter 13.16


13.16.010    Applicability.

13.16.020    Permit application.

13.16.030    Standards.

13.16.040    Inspections.

13.16.050    Permit closure.

13.16.010 Applicability.

A. This chapter applies to construction activities that result in a land disturbance of greater than or equal to one acre, or result in a land disturbance less than one acre but are part of a larger common plan of development or sale that will collectively disturb more than one acre, and discharge storm water to that portion of the MS4 located within the Fairbanks Urbanized Area, unless explicitly exempted by an authorized enforcement agency.

B. If EPA waives the permit requirements for storm water discharges associated with a specific small construction activity (i.e., a single project) in accordance with 40 CFR Section 122.26(b)(15)(i) (A) or (B), the provisions of this chapter do not apply to that particular site. (Ord. 2008-22 § 6, 2008. 2004 Code § 21.40.010.)

13.16.020 Permit application.

A. A site development permit shall be required prior to the commencement of any activity regulated by this chapter. An application for a site development permit shall be made on such form as is prescribed by the department.

B. In addition to a completed application form, each application shall contain the following information:

1. A copy of the applicant’s notice of intent submitted to the EPA;

2. A copy of the applicant’s SWPPP developed by a certified professional in erosion and sediment control or a professional engineer registered in the state of Alaska;

3. Payment of the SWPPP plan review fee in the amount prescribed by the department;

4. Payment of the construction site inspection fee in the amount prescribed by the department; and

5. An approved PSWCP plan.

C. Each application will be approved, approved with conditions, or denied based on its conformance with the standards set forth in this chapter.

D. Any applicant may petition the department for reconsideration of a permit application determination within 30 days of the decision. Any such reconsideration request must be accompanied by the application documents and the specific reason for requesting reconsideration. The department will notify the applicant within seven days if reconsideration of the decision is granted. Reconsideration decisions are final decisions appealable to the superior court in accordance with the rules of appellate procedure.

E. No person shall operate a construction site regulated by this chapter without a site development permit or with a suspended site development permit. (Ord. 2009-27 § 4, 2009; Ord. 2008-22 § 6, 2008. 2004 Code § 21.40.020.)

13.16.030 Standards.

A. The specifications and standards set forth in the following documents will be used to execute the provisions of this chapter:

1. EPA Storm Water Construction General Permit (CGP). This document outlines a set of provisions that owners or operators of construction sites must follow if the construction activities disturb more than one acre of land and discharge storm water to an MS4 or waters of the United States. The most recently issued CGP shall be used.

2. Alaska Storm Water Guide. The Alaska Department of Environmental Conservation guidance to assist contractors, consultants and the public with storm water issues in Alaska. The most recently issued guide shall be used.

3. Additional standards may be adopted by the department as necessary to ensure that construction site operators practice erosion, sediment and waste control in accordance with the department’s NPDES permit.

B. No person shall operate a construction site unless in compliance with the standards set forth in this section. (Ord. 2016-40 § 64, 2016; Ord. 2008-22 § 6, 2008. 2004 Code § 21.40.030.)

13.16.040 Inspections.

A. The department will inspect each permitted construction site at least once per year.

B. Access to a construction site for inspection shall not be denied. In addition to other available penalties, any permit issued under this chapter may be immediately suspended until an inspection is conducted.

C. If, during inspection, the department finds that BMPs are improperly installed, not maintained, or inappropriate for proper erosion, sediment and waste control, any permit issued under this chapter may be immediately suspended until the identified problem is resolved. (Ord. 2008-22 § 6, 2008. 2004 Code § 21.40.040.)

13.16.050 Permit closure.

A. The owner or operator of a construction site shall request permit closure in writing and include a copy of the notice of termination submitted to EPA.

B. The department will issue a letter certifying permit closure upon receipt and approval of the notice of termination and/or upon otherwise determining that all work of the permit has been satisfactorily completed in accordance with this chapter.

C. No person or entity shall occupy, utilize, or operate a constructed facility or site until the site development permit obtained from the department for the facility or site is closed. (Ord. 2008-22 § 6, 2008. 2004 Code § 21.40.050.)