Erosion Prevention and Sediment Control

Construction Site Stormwater Runoff

MSD’s Erosion Prevention and Sediment Control (EPSC) Program, also known as the construction site stormwater runoff program, was developed to minimize pollutants and stormwater pollution in runoff from active construction sites that discharge into the Municipal Separate Storm Sewer System (MS4), Waters of the Commonwealth of Kentucky and Waters of the United States. Management of soil throughout the construction process is key to reducing instream sediment impacts. 
 

Erosion Prevention and Sediment Control

What is Erosion? The process by which soil or rock particles are detached, transported, and deposited by water, wind, or other geological agents.
What is Sediment? Sediment is solid material that is moved and deposited in a new location. Sediment can consist of rocks and minerals, as well as the remains of plants and animals. Sediment moves from one place to another through the process of erosion.
What types of soils are found in Louisville KY? Jefferson County geology consists of limestone, shale, and sedimentary deposits. The five major geological areas within Jefferson County are as follows:

  1. The loam soils in the northeastern part of the county tend to overlie limestone, are relatively deep, and generally well drained. They are best suited for pasture.
  2. The northern and western most parts of the county are adjacent to the Ohio River. The soils found within this area are well-drained alluvial soils with a silty sand texture. These floodplain soils represent some of the best agricultural soils in the county.
  3. The central portion of the county is in poorly drained clay-based soils. Much of this area was once considered a wetland.
  4. The geology within the southern part of the county is on steep slopes or upland areas. The soils are generally well drained, moderate in depth, composed of shaly limestone or silty loam, and are best used for maintaining forested areas.
  5. The southeastern part of the county is mostly hills, with moderate to steep slopes, and numerous sinkholes. The soils overlie limestone, and limestone fragments are commonly mixed into the soils. The soils are moderate to deep in most areas, generally well drained, and are a mixture of wind blown sediments, silt, loam and clays. They are well suited for forest and pasture.

Kentucky has highly erosive soils due to the wide range of silt loams and clay loams found here. 

What is Land Disturbing Activity? Any land change which may result in soil erosion from water and wind and the movement of sediments into waters or onto lands including clearing, grading, excavation, transportation, and filling of land. 

Why do we need to control erosion and sediment losses from construction sites? 

Sediment is the leading nonpoint source pollutant of concern in streams throughout the state of Kentucky. Sediment washing from exposed soils and unstable ground into streams is one of the biggest water quality challenges in Jefferson County. Sediment muddies up the waters when highly erosive soils mix with our stream waters. These conditions can weaken and/or even kill aquatic life by reducing dissolved oxygen in the water and creating conditions that make it difficult to survive in degraded aquatic habitat. 

The leading contributor to sedimentation in an urban environment is stormwater runoff from construction sites. It is simple to reduce erosion and prevent sediment from leaving construction sites when you follow best management practices (BMPs). Sites with steep slopes near waterways are more susceptible to offsite degradation1 and often need more robust BMPs. Even flat sites that are less susceptible to offsite degradation require EPSC BMPs.

Observe basic principles such as:

  1. Preserve existing vegetation as much as possible;
  2. Mulch or seed bare soil immediately for the best erosion protection; 
  3. Use silt fences, or other approaches to pond and filter sediment from runoff;
  4. Install silt check dams made of rock, or other products to prevent erosion and remove sediment;
  5. Protect inlets and outlets; and 
  6. Settle out soil particles in sediment traps and basins.

EPSC Plan

An EPSC Plan should be developed for any site requiring a site disturbance permit. The plan should be developed by a Certified Plan Preparer or a licensed professional engineer. The EPSC Plan should include detailed EPSC phasing, a legend, the plan view, and standard MSD EPSC notes, and it must be scalable. For more information on the permitting process and what is required, click here. 

Maintenance of EPSC Measures During Construction

The permittee, or the on-site responsible party, is required to conduct inspections of all EPSC measures and perform any modifications, maintenance or repairs as necessary, every seven calendar days and within 24 hours of each storm event that produces half an inch or more of precipitation. 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. Records of these inspections must always be kept on site for review by MSD. The Stormwater Construction Site Inspection Report, approved construction drawings, Site Disturbance Permit and Notice of Construction must be kept as records on site. 

Compliance Inspections

All Site Disturbance Permits are assigned a MSD Construction Inspector who inspects all land disturbing activities and ensures compliance with the EPSC Ordinance.  In the course of their daily activities, if the site is found out of compliance, a Field Correction Notice (FCN) will be issued. If the responsible party does not fulfill the requirements of the FCN by the compliance date, then it may be referred to the Regulatory Enforcement Officer for follow-up potential enforcement action.

MSD’s Enforcement Process

To ensure all active construction sites minimize stormwater pollution in runoff, MSD permits, inspects and enforces the Louisville/Jefferson County EPSC Ordinance. EPSC Enforcement is detailed in Section 159.05 (D) of the EPSC Ordinance.

Enforcement Procedures

When projects are in violation of the EPSC Ordinance, ideally negotiated compliance will be pursued and secured whenever practicable and effective prior to alternative enforcement measures being invoked. A Notice of Violation (NOV) and Stop Work Order (SWO) 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 seven (7) days of receipt.

You’re In Enforcement, What’s Next? 

If your project was issued a Notice of Violation (NOV) and/or a Stop Work Order (SWO) and you have questions, please contact the Regulatory Enforcement Officer or MSD Customer Service (please click here). Once your violation has been remedied and the job site is back into compliance, an invoice will be sent to the Responsible Party/Parties. Once the invoice has been paid with confirmation, your project can resume work.

Floodplain Information 

Louisville Metro is a participant in the National Flood Insurance Program (NFIP), and MSD is responsible for enforcing the local Floodplain Management Ordinance and for administrating both the National Flood Insurance Program and Floodplain Management Program. What types of projects require a floodplain permit? Please click here for more information.