Agenda - Public Works Committee - 10/19/2010

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CASE #4 UPDATE ON EROSION CONTROL ESCROW ACTIVITIES By: Steven Jankowski, Assistant City Engineer Background: The City adopted the attached Ordinance 06-32 on November 28, 2006 for the purpose of controlling storm water pollution associated with soil erosion. Federal law associated with the National Pollution Discharge Elimination Phase II (NPDES II) permit system required the City to adopt these rules to provide protection of public waters from pollution generated through construction activity. Section 9.27.04 on page 7 of 12 of the ordinance requires every building permit to submit a storm water pollution control plan (SWPPP); and section 9.27.20 on page 17 of 21 provides for a surety to address instances where erosion control measures are found to be lacking or ineffective. The Council established a $1500 escrow fee for this purpose beginning in 2007 and reauthorized this amount each subsequent year. Initially, after the passage of this ordinance staff had few problems with contractors not complying with the established erosion control practices and the escrow collection was not implemented. Developers were allowed to cover the builders within their subdivisions under their escrow account. As economic conditions deteriorated, developer escrows became unavailable. In addition, contractors had fewer workers available to perform activities such as regular sweeping. Builders might view erosion control requirements are costs that can be trimmed without impacting the final product. Consequently, situations having the potential for soil erosion arose without a funding source to take corrective measures. Attached are photos illustrating such situations. Beginning in July of this year staff implemented the collection of the established escrow to insure funding for the correction of erosion control issues. The attached notice was distributed to all building permit applications. Financial: The City has been collecting a $1500 escrow since July 1, 2010 for each building permit along with a $100 non refundable administration fee. It has been the practice of staff to provide written notice of an erosion control violation prior to undertaking corrective action utilizing the escrow. The City returns the escrow one year after final stabilization occurs. Recommendation: Staff recommends that the Committee reaffirm the current policy or direct modifications to it. Action: Base upon discussion. Reviewed By: Director of Public Works/Principal City Engineer City Engineer Planning Manger Civil Engineer II Engineering Technician IV PW: 10/19/10