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Erosion Control FAQs |
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General Questions
The intent of Phase II of the Clean Water Act is to reduce the amount of erosion, sedimentation, and pollutants that are carried by storm water into our creeks, streams, rivers, lakes, ponds and eventually into the oceans located within or adjacent to the United States and its territories.
The City of Bloomington is a home-rule community. This generally provides it exemption from some laws enacted by the State of Illinois IF the law provides specific exemptions for home-rule communities. However, the Clean Water Act Phase II requirements were established by the Federal Government, not the Illinois State Government. Therefore, the City of Bloomington must comply with the requirements set forth in Phase II of the Clean Water Act.
The City Council approved this ordinance on July 25, 2005. This ordinance will be in effect on August 8, 2005.
The owner of the lots contained in a subdivision under construction must contact the Developer of the subdivision to obtain a copy of the Storm Water Pollution Prevention Plan (SWPPP). The Storm Water Pollution Prevention Plan is an existing requirement of the National Pollutant Discharge Elimination System (NPDES) permit. The owner of the lot should review this documentation, determine what requirements are set forth in the SWPPP and implement said requirements onto their lot. The owner must then provide the City with an Erosion Control Plan outlining what Erosion and Sediment Control measures are to be used on their lot. The City reserves the right to require further erosion and sediment control measures on a lot by lot basis.
See previous question above for the answer to this question.
The City of Bloomington will be working on a new Flood Plain Ordinance and Stream Buffer Ordinance as both will help the City meet other requirements of Phase II of the Clean Water Act.
Best Management Practices (bmps) are defined by the United States Environmental Protection Agency as "A structural or nonstructural device designed to temporarily store or treat urban storm water runoff in order to mitigate flooding, reduce pollution and provide other amenities."
The City currently has inspectors on site when the subdivision public improvements are installed. If a field tile is found during the installation of these public improvements, the location of the tile is marked on the plat and sent to the Developer's Engineering firm. Also, if a private contractor locates a field tile while performing excavation work, they should inform the City of the location of the field tile to allow the City to document the location of said tile. Both procedures allow the location of field tiles to be placed on the As Built drawings for the subdivision.
The City will periodically provide erosion and sediment control tips and messages in the text box located on the standard water bills. Informational flyers for new homeowners and other special flyers may be developed at a later time.
The phrase "relevant State and Federal permits" means any State or Federal permits which may be required for the construction of the development. For example, this may include, but is not limited to permits from the Illinois Department of Natural Resources, Illinois Department of Transportation, Illinois Environmental Protection Agency, Illinois Historical Society or National Pollution Discharge Elimination System (NPDES) permits.
This section is meant to allow any entity which feels aggrieved by the Director of Engineering's decision regarding permit issuance or revocation the right to file an appeal. The appeal will be heard by the Construction Board of Appeals after the appropriate fees and paperwork have been filed. Factors to be considered on review shall include, but need not be limited to, the effects of the proposed development activities on the surface water flow to tributary and downstream lands, any comprehensive watershed management plans, or the use of any retention facilities; possible saturation of fill and unsupported cuts by water, both natural and domestic; runoff surface waters that produce erosion and silting of drainage ways; nature and type of soil or rock which when disturbed by the proposed development activities may create earth movement and produce slopes that cannot be landscaped; and excessive and unnecessary scarring of the natural landscape through grading or removal of vegetation.
The Engineering Department will provide the necessary personnel to assist the Erosion Control Inspector as it deems necessary.
The City has considered this issue and extended an invitation to the Bloomington-Normal Area Homebuilders at their April, 2005 meeting, held April 21, 2005. Members of local environmental groups have also been contacted. As of April 27, 2005, one person has volunteered to be a member of this committee. This person has been providing the City with information regarding NPDES permits, as well as information from both the U.S. EPA and the Illinois EPA. All suggestions provided by the Committee are deemed advisory in nature and are presented to City management for review and further consideration.
The developer should contact the City of Bloomington's Legal Department at (309) 434 - 2213 to discuss the criteria for allowing the City to resolve parking issues in subdivisions under construction.
Chapter 24, Section 6.5.3 addresses this issue. It states:
SEC. 24-6.5.3 Violations and Penalties No person 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. 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 of not less than $250 for the first or second offense or $500 for each subsequent offense. 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 restore the site to the condition existing prior to commission of the violation, or to bear the expense of such restoration.
The City of Bloomington is required by the Clean Water Act to have inspection procedures in place. Please click here to view the current Adobe Acrobat document which outlines the City's proposed inspection procedures.
The City of Bloomington is required by the Clean Water Act to have Complaint procedures in place. Please click here to view the current Adobe Acrobat document which outlines the City's proposed complaint procedures.
Erosion & Sediment Control Measures
The minimum erosion and sediment control measures that must be installed on a lot within Bloomington will vary from lot to lot due to changing contours. The minimum erosion and sediment control measures required can be determined by reviewing the grading plan for a given job site, then choosing the appropriate erosion and sediment control measures which will prevent sediment from reaching the storm sewer system (which includes streets, creeks, streams, waterways or storm sewer inlets or pipes.). The stabilized construction entrance is a required minimum erosion and sediment control measure and must be included on all construction projects subject to the Erosion and Sediment Control Ordinance.
The additional costs associated with installing the necessary erosion and sediment control measures associated with the new Erosion and Sediment Control Ordinance will vary from site to site and are dependent upon the contour of the site. The total cost will also vary depending upon which erosion and sediment control measures are chosen and the amount of maintenance required to keep these items functioning properly. Currently, the cost associated with installation of the minimum control measures ranges from $2,194.70 to $4,891.10 . The costs of temporary and permanent seeding should not be used when attempting to determine the total cost of complying with the new code requirements as these items are both required by existing City codes. Click here for more information regarding how this expense was calculated.
The average person is capable of determining percent grades with minimal materials where as the calculation of velocities often requires the use of specific manuals or access to mathematical formulas not readily available to the average person. Therefore, the City has decided to use Percent Grades as the means of determining the types of erosion control materials that may be used on a given lot.
The City will continue to allow the use of detention basins as sediment traps provided the area around the detention basin inlet is properly designed for such use.
Installation of the Curb Cut is at the contractor's discretion. The Curb Cut may be made at the time the stabilized construction entrance is installed or prior to completing the finished driveway.
The City currently does not specify distance requirements for installing erosion and sediment control measures. However, the City does recommend the erosion and sediment control measures be installed in a manner which will prevent sediment from getting to the street and subsequently into the storm sewer system.
The City will allow silt fencing to be installed in any manner approved by the silt fencing material manufacturer PROVIDED it maintains the intended functionality of the silt fencing.
The entity installing the erosion and sediment control measures should be careful to avoid damage to the existing regular fence while using the proper installation techniques for the erosion and sediment control measure to be installed.
The City currently will only allow the silt fencing to be down for 4 days prior to the installation of sod on a lot.
Silt fencing may be left down for not more than 4 days to allow dirt to dry prior to final grading of a job site.
The City recommends the person choosing the erosion and sediment control measures to consider the time frame and weather conditions during which they will be installed. This will allow for the proper installation of the erosion and sediment control measures for given weather conditions.
The City will not make specific recommendations for erosion and sediment control measures. The City does, however, recommend the person choosing the erosion and sediment control measures to consider the time frame and weather conditions during which they will be installed. This will allow for the proper installation of the erosion and sediment control measures for given weather conditions.
Section 13.05 of the City of Bloomington Manual of Practice for the Design of Public Improvements currently states:
"All disturbed areas including lots not anticipating further construction within twenty-one (21) days shall have ground surface seeded within seven (7) days, weather and soil conditions permitting in accordance with Illinois Urban Manual Practice Standard 965."
The proposed changes to this particular section of the manual of practices would reduce the time frame before temporary seeding is required from twenty-one (21) days to fourteen (14) days. This change is being made to align the Manual of Practice with the current requirements of Illinois Environmental Protection Agency NPDES Form ILR10.
Section 13.06 of the City of Bloomington Manual of Practice for the Design of Public Improvements currently states:
"Within seven (7) days after completion of construction and soil conditions are suitable, and before final inspection, the development must have permanent seeding or other ground cover planted or installed. Public improvements will not be accepted until all public right-of-ways have permanent ground surface cover and all other areas (not under construction) have at least temporary seeding unless ground and weather conditions prevent establishment of the permanent ground cover. If such conditions exist, then a tentative acceptance may be made subject to completion of permanent ground cover when conditions permit.
Final plat public improvement payment, performance or workmanship bonds will not be released except in accordance with Section 24-3.9 of the City Code until all public right-of-ways have permanent ground surface cover and all areas (not under construction) have at least temporary seeding in place."
The proposed changes to this particular section of the Manual of Practices would result in this section reading as follows:
"Within seven (7) days after completion of construction and soil conditions are suitable, and before final inspection, the development must have permanent seeding or other ground cover planted or installed. Public improvements will not be accepted until all public right-of-ways and all other areas (not under construction) have permanent seeding established.
Final plat public improvement payment, performance or workmanship bonds will not be released except in accordance with Section 24-3.9 of the City Code until all public right-of-ways and all areas (not under construction) have permanent seeding established."
The City is aware of the amount of time involved to install a lawn irrigation system. The City further understands a lawn irrigation system can be properly installed without adversely impacting the erosion and sediment control measures available for use on a job site.
Yes. Chapter 24 Section 6.2.9 states: "Permanent vegetation and structures shall be installed and functional as soon as practical during development." Therefore, if the exterior of the structure is complete, the City would require permanent vegetation to be installed.
The current proposed changes to the City's Manual of Practice regarding this item has been changed to read "any soil storage pile containing more than 10 cubic yards of material shall not be located with a downslope drainage length of less than 15 feet to a roadway or drainage channel."
Concrete/cement truck washout areas should be designed in such a manner as to prevent any sediment from the washout of concrete or cement delivery vehicles from entering the storm sewer system. The washout areas should be periodically emptied to prevent them from becoming overfilled. The City strongly encourages developers and builders within a subdivision to determine the best method for containing concrete/cement vehicle washout sediment.
A. Place silt fencing along the curb;
B. Stock pile dirt near curb;
C. Install temporary drive and remaining measures after backfill of foundation has occurred.
A. The City will require the appropriate erosion and sediment control measures to be installed on areas of the job site where the contours of the land and grading dictate the necessity for them, but prior to the start of any excavation or grading.
B. The City requires "any soil storage pile containing more than 10 cubic yards of material shall not be located with a downslope drainage length of less than 15 feet to a roadway or drainage channel."
C. The stabilized construction entrance must be installed prior to any grading or excavation work being performed. Developers or builders performing work at construction activities where the sewer and/or water services must be installed under the permanent drive may request permission to install the stabilized construction entrance AFTER the sewer and/or water services are installed. Permission may be granted by the Director of Engineering or their appointee on a case by case basis.
No. The City of Bloomington firmly believes it is the responsibility of the owner of the lot to determine where the erosion and sediment control measures are to be installed. If the owner is unable to determine this on their own, the City will require silt fencing to be installed around the perimeter of the lot.
Erosion and sediment control measures are required on all job sites within the City of Bloomington, regardless of their slope. However, additional erosion and sediment control measures are required for storm water conveyance channels, including ditches, swales, and diversions of any slope. Slopes greater than 25% are required to be stabilized with sod, mat or blanket in combination with seeding, or equivalent.
The City does realize that some contractors haul dirt and other materials through the backyard to adjacent streets. This practice may continue provided dust is kept under control during periods of dry weather and all streets are cleaned at the end of each work day. The City strongly encourages all contractors to review their current business practices to determine if other methods of dirt removal and hauling will provide less impact on the local environment.
The City will not allow landscape architects to design erosion and sediment control measures UNLESS they have an active Certified Professional in Erosion and Sediment Control Certification.
It is the City's intent that appropriate Erosion and Sediment Control Measures are in place prior to any excavating work being performed within a subdivision or on a lot of record. This currently includes the installation of the stabilized construction entrance which must be installed prior to any grading or excavation work being performed. Developers or builders performing work at construction activities where the sewer and/or water services must be installed under the permanent drive may request permission to install the stabilized construction entrance AFTER the sewer and/or water services are installed. Permission may be granted by the Director of Engineering or their appointee on a case by case basis.
The stabilized construction must be installed prior to any grading or excavation work being performed. Developers or builders performing work at construction activities where the sewer and/or water services must be installed under the permanent drive may request permission to install the stabilized construction entrance AFTER the sewer and/or water services are installed. Permission may be granted by the Director of Engineering or their appointee on a case by case basis.
No.
The Storm Water Pollution Prevention Plan is required by the Environmental Protection Agency to be in place prior to a NPDES permit being issued for a construction activity on a property greater than or equal to one acre in size. However, the Ordinance has been modified to require any construction activity equal to or greater than one (1) acre in size to provide both the Storm Water Pollution Prevention Plan AND their NPDES permit number prior to the City issuing any permits for work on the property. The NPDES permit number may be provided to the City after Permit issuance if there is a delay in receiving the NPDES permit number from the Environmental Protection Agency.
The City currently will NOT require log books for each lot under construction, regardless of size. However, this does not alleviate any entity from complying with any requirements set forth by other Federal, State or local laws, codes, ordinances or policies.
A Storm Water Pollution Prevention Plan identifies potential sources of pollution that may affect the quality of storm water discharges at your business. The plan also describes and ensures the implementation of best management practices (BMP), which reduce the pollutants in your storm water discharges. The five major steps in developing a SWPP Plan include the following:
- Planning and organization
- Source assessment
- BMP selection
- SWPP Plan implementation
- SWPP Plan evaluation
A Storm Water Pollution Prevention Plan is a document that must be kept at any construction site that disturbs over an acre of land or is in an environmentally sensitive area. This document outlines what the contractor will use for Best Management Practices to control site erosion and prevent sediment from entering the waterways surrounding the construction project.
A SWPPP Must Include the Following:
Site description identifying potential sources of pollution that may affect the quality of storm water discharges;
Apropriate best management practices (BMP), including erosion, sediment, and storm water management controls to minimize the discharge of pollutants from the site;
Description of steps taken to prevent and control pollutants in storm water discharge from the site, including inspection of all disturbed, unstabilized areas and maintenance of all controls to ensure their effective operation.
The United States Environmental Protection Agency has created a guide entitled "Storm Water Management for Construction Activities: Developing Pollution Prevention Plans and Best Management Practices." It is available by going to http://www.epa.gov/npdes/pubs/owm0307.pdf
The City of Bloomington's Manual of Practice addresses Temporary Seeding in Section 13.05, which reads as follows:
13.05 TEMPORARY SEEDING All disturbed areas including lots not anticipating further construction within fourteen (14) days shall have ground surface seeded within seven (7) days , weather and soil conditions permitting in accordance with Illinois Urban Manual Practice Standard 965. Where the initiation of stabilization measures by the 14th day after construction activity temporarily cease is precluded by snow cover, stabilization measures shall be initiated as soon as possible.
Per the Illinois Urban Manual Practice Standard 965, Table 1, the following seed mixes are considered acceptable as Temporary Seeding:
Species Lbs per Acre Lbs per 1,000 sq ft Seeding Dates
Oats 90 2 Early Spring - July 1
Cereal Rye 90 2 Early Spring - Sept. 30
Wheat 90 2 Early Spring - Sept. 30
Perennial Ryegrass 25 0.6 Early Spring - Sept. 30
The City of Bloomington's Manual of Practice addresses Temporary Seeding in Section 13.06, which reads as follows:
13.06 PERMANENT SEEDINGWithin seven (7) days after completion of construction and soil conditions are suitable, and before final inspection, the development must have permanent seeding or other ground cover planted or installed. Where the initiation of stabilization measures by the 7th day after construction activity temporarily cease is precluded by snow cover, stabilization measures shall be initiated as soon as possible. Public improvements will not be accepted until all public right-of-ways and all other areas (not under construction) have permanent seeding established.
Final plat public improvement payment, performance and workmanship bonds will not be released except in accordance with Section 24-3.9 of the City Code until all public right-of-ways and all other areas (not under construction) have permanent seeding established.
Permanent seeding shall be in accordance with Illinois Urban Manual Practice Standard 880.
Seed mixtures shall be as follows:
Seeding Rate
Seed Mixture lbs/ac lbs/1000 sq.Ft. Use
Kentucky blue grass 110-130 2.5 - 3.0 adjacent to residential properties
(use at least 3 varieties)
Kentucky blue grass 110 2.5 ditches and nonresidential areas
Red fescue 44 1.0 ditches and nonresidential areas
Forms
The City of Bloomington has created a generic construction site inspection form which may be used. Please click here to download this form.
This form may be downloaded and used as presented or may be modified as necessary. If you decide to create your own construction site inspection form, please remember to include the basic information found on this form.
If you have a better example of a construction site inspection form, please email it to stormwater@cityblm.org
As of October 27, 2005, the Illinois Environmental Protection Agency posted a copy of their Incidence of Non-Compliance form on their website. This copy may be obtained by clicking here.
Street Cleaning
The City is not willing to incur the cost of cleaning streets that have become muddied due to the practices of entities engaged in the development of land. The City firmly believes this is a cost that should be paid by the entities contributing to the problem.
The City of Bloomington's current policy for street cleaning does not apply to subdivisions under construction. Contact the Public Service Department at (309) 434 - 2220 for more information regarding this matter.
The City is allowed to assess penalties against entities found in violation of a Code or Ordinance provided the Code or Ordinance contains provisions for the penalties.
The proposed Ordinance provides for this in Section 24-6.5.3.
No. The City firmly believes the requirements for cleaning the street at the end of the work day or immediately if a driving hazard is present is fair to both the general public and to the entities responsible for cleaning the streets.
The developer is ultimately responsible for ensuring compliance with the Storm Water Pollution Prevention Plan. They are required to have as a condition of their NPDES permit for the subdivision or job site over 1 acre in size. The City will make a reasonable effort to determine the origins of mud on streets and will contact the owner of the lot where the mud appears to have originated. However, the Developer should remain diligent in informing the people performing work within their subdivision of their responsibilities in keeping mud off the streets and City requirements for removal of the mud.
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