Chapter 13.78 - POLLUTANT DISCHARGES FROM CONSTRUCTION SITES

Part of the Code of Ordinances of South Salt Lake, UT.

Local law · Updated May 27, 2026 · 1,732 sections

The text

Footnotes:

--- (4) --- Editor's note— Ord. No. 2010-02, adopted Jan. 13, 2010, changed the title of Ch. 13.78 from "Pollutant Discharge Elimination" to "Pollutant Discharges from Construction Sites." Ord. No. 2019-05, § I, adopted Apr. 3, 2019, repealed the former Ch. 13.78, §§ 13.78.010—13.78.130, and enacted a new Ch. 13.78 as set out herein. The former Ch. 13.78 pertained to similar subject matter and derived from Ord. No. 2006-4 (part)); and Ord. No. 2013-18, adopted Dec. 5, 2013.

13.78.010 - Introduction/purpose.#

During the construction process, soil is highly vulnerable to erosion by wind and water. Watercourses are also vulnerable to debris, chemicals and other potentially harmful construction materials if those materials are permitted to enter the city's MS4. Eroded soil is a major cause of stream degradation and necessitates repair of sewers and ditches and the dredging of rivers. As a result, the purpose of this local regulation is to safeguard persons, protect property, and prevent damage to the environment within and around the city. This chapter will also promote the public welfare by guiding, regulating, and controlling the design, construction, use, and maintenance of any development or other activity that disturbs or breaks the topsoil or results in the movement of earth on land in the city.

(Ord. No. 2019-05, § I, 4-3-2019)

13.78.020 - Definitions.#

Definitions for this chapter are included in Section 13.76.020.

(Ord. No. 2019-05, § I, 4-3-2019)

13.78.030 - City permits.#

No person shall be granted a building permit or other city permit for land-disturbing activity that would uncover one acre or more without obtaining coverage under the general construction storm water permit from the Utah State Division of Water Quality. If a site less than one acre in size is part of a common plan of development or sale which collectively disturbs one or more acres, the requirements of this section will still apply.

Permittees for sites greater than one acre in size, or sites that are less than one acre in size but are part of a common plan of development or sale, which collectively disturbs one or more acres, shall employ post construction stormwater management measures.

No person shall be granted a building permit for land disturbing activity of less than one acre of land if such activity poses a significant or unique threat to water or public health or safety without obtaining coverage under the construction general permit.

Prior to issuing a city permit, a SWPPP complying with the requirements of the general construction storm water permit and this chapter shall be submitted for review and approval by the city engineer, addressing sediment and erosion control and other applicable requirements of the SWMP. The city will conduct a pre-construction meeting to review the site design, planned operations, planned BMPs during construction and after development, and the city's enforcement policy.

No SWPPP is required for the following activities, unless otherwise provided:

Any emergency activity that is immediately necessary for the protection of life, property, or natural resources;

Existing nursery and agricultural operations conducted as a permitted main or accessory use;

Agricultural activity that is consistent with an approved farm conservation plan or a management plan prepared or approved by the appropriate city, federal, or state agency;

Additions or modifications to existing single-family structures; or

Residential gardening.

Each SWPPP shall include the following:

Name(s) and address(es) of the owner or developer of the Site, and of any consulting firm retained by the applicant together with the name and telephone number of the applicant's contact at such firm that will be responsible for the implementation of the SWPPP;

Address and legal description of the subject property including the tax reference number and parcel number of the subject property;

A statement indicating the nature, extent and purpose of the land disturbing activity, and a certification that any land Clearing, construction, or development involving the movement of earth shall be in accordance with the SWPPP; and

Measures addressing the requirements of Section 13.78.050.

Notwithstanding the provisions of this section, all land disturbance activity must be carried out in accordance with the the control measures addressed in a SWPPP.

(Ord. No. 2019-05, § I, 4-3-2019; Ord. No. 2021-17, § 1(Exh. B), 10-27-2021; Ord. No. 2025-46, § 1(Exh. A), 9-10-2025)

13.78.040 - Review and approval.#

For every Construction Activity that meets or exceeds the scope designated in Section 13.78.030 of this chapter, the city building official will review each application for a city permit to determine its conformance with the provisions of this regulation. Within thirty (30) days after receiving an application, the city Engineer shall, in writing:

Approve the city Permit application;

Approve the city Permit application subject to such reasonable conditions as may be necessary to secure substantially the objectives of this regulation, and issue the permit subject to these conditions; or

Disapprove the city Permit application, indicating the reason(s) and procedure for submitting a revised application and/or submission.

Failure of the city Engineer to act on an original or revised application within thirty (30) days of receipt shall authorize the applicant to proceed in accordance with the plans as filed unless such time is extended by agreement between the applicant and the city. Pending preparation and approval of a revised plan, development activities shall be allowed to proceed in accordance with conditions established by the city.

(Ord. No. 2019-05, § I, 4-3-2019)

13.78.050 - Stormwater Pollution Prevention Plan.#

The SWPPP shall include the following information:

A general location map and a Site map (including spot elevations and contour lines before and after construction) indicating:

Drainage patterns before and after minor Grading activities;

Construction boundaries and a description of existing vegetation prior to Grading activities;

Estimates of the total area of the Site and the total area that will be disturbed by construction activities;

The location of major structural and nonstructural controls identified in the plans;

The location of areas where Stabilization practices are expected to occur;

All surface waters including wetlands;

Locations where stormwater is discharged to surface water;

Locations of material and equipment storage;

A description of the nature and location of construction activities;

A description of the intended sequence and schedule of major construction activities for development of the site, including clearing and grubbing; rough grading; construction of utilities, infrastructure, and buildings; and final grading and landscaping. Sequencing shall identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, areas of clearing, installation of temporary erosion and sediment control measures, and establishment of permanent vegetation pursuant to landscaping plan;

An estimate of the runoff coefficient for the site before and after construction activities are completed;

The name of waters receiving runoff from the site;

A copy of the construction general permit requirements;

A description of all control measures that will be implemented to meet the objectives of the construction general permit throughout all phases of construction and after completion of development of the site. Depending upon the complexity of the project, the drafting of intermediate plans may be required at the close of each season;

The name, address and phone number of the person or entity responsible for implementation of each control measure;

Provisions for maintenance of control facilities, including easements and estimates of the cost of maintenance;

10.

Statement of recognition and permission for an authorized enforcement agent to inspect the site for compliance with the SWPPP.

11.

All parties responsible for execution of the SWPPP must certify and sign the SWPPP.

The city may require the submission of a private landscaping plan before landscaping is installed, but will not withhold an applicant's building permit or certificate of occupancy because the applicant has not submitted a private landscaping plan.

Within 14 days of receiving a complete SWPPP, the city engineer will review the SWPPP for compliance with local, state, and federal law. Upon review, the city engineer will either approve the SWPPP by written authorization to the permittee, request more information, or request a modification of the SWPPP. If the city engineer requests more information or modification of the SWPPP, then the city engineer will complete review of the new information or modified SWPPP within 5 days of receipt.

Requests by the permittee to modify the SWPPP shall be reviewed in the same manner as Section 13.78.050(B) of this chapter, and shall include:

Major amendments of the SWPPP submitted to the city engineer;

Field modifications of a minor nature.

(Ord. No. 2019-05, § I, 4-3-2019; Ord. No. 2025-46, § 1(Exh. A), 9-10-2025)

13.78.060 - Design requirements.#

Control measures shall be designed to meet the following criteria:

Prevent or Minimize Discharges. The proposed control measures shall be designed to prevent or minimize the discharge of sediment, chemicals, debris, and other construction-related pollutants from the construction site by stormwater runoff into the storm drainage system.

Prevent or Minimize Construction Debris. The proposed control measures shall be designed to prevent or minimize, to the MEP, the deposit, discharge, tracking by construction vehicles, or dropping of mud, sediment, debris, or other potential pollutants onto the public streets and rights-of-way.

The proposed control measures shall include BMPs available at the time that the SWPPP is submitted.

The proposed control measures shall be designed to preserve existing vegetation, where possible. Disturbed portions of the Site shall be stabilized.

The proposed control measures shall be employed to minimize the risk of discharge of construction-related pollutants (such as paint, thinners, solvents and other chemicals) from the construction site.

Clearing and grading of sensitive areas such as forests and wetlands, is not permitted, except when in compliance with all other chapters of this ordinance. Clearing techniques that retain natural vegetation and drainage patterns shall be used to the satisfaction of the city engineer.

Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized.

Phasing shall be required on all sites disturbing greater than thirty (30) acres, with the size of each phase to be established at plan review and as approved by the city engineer.

Erosion control requirements shall include the following:

Soil stabilization shall be completed as soon as practicable, but in no case more than fourteen (14) days after clearing or inactivity in construction except under the following circumstances:

If the initiation of stabilization measures by the fourteenth day after construction activity temporarily or permanently ceases is precluded by snow cover or frozen ground conditions, stabilization measures shall be initiated as soon as practicable; or

If construction activity on a portion of the site is temporarily ceased, and earth disturbing will resume within fourteen (14) days, temporary stabilization measures need not be initiated on that portion of the site.

If seeding or another vegetative erosion control method is used, it shall become established within two weeks or the city engineer may require the site to be reseeded or a nonvegetative option employed.

Special techniques that meet the design criteria outlined in the manual on steep slopes or in drainage ways shall be used to ensure stabilization.

Soil stockpiles must be stabilized or covered at the end of each workday.

If the city engineer deems it necessary, the entire site must be stabilized, using a heavy mulch layer or another method that does not require germination to control erosion, at the close of the construction season.

Techniques shall be employed to prevent the blowing of dust or sediment from the site.

Techniques that divert upland runoff past disturbed slopes shall be employed.

Sediment control requirements shall include:

Settling basins, sediment traps, or tanks and perimeter controls. sediment must be removed from sediment traps or settling basins when design capacity has been reduced by fifty (50) percent;

Settling basins that are designed in a manner that allows adaptation to provide long-term stormwater management, if required by the city Engineer;

Protection for adjacent properties and waterways by the use of a vegetated buffer strip in combination with perimeter controls.

Waterway and watercourse protection requirements shall include:

A temporary stream crossing installed and approved by Salt Lake County if a wet watercourse will be crossed regularly during construction;

Stabilization of the watercourse channel before, during, and after any in-channel work;

All on-site stormwater conveyance channels designed according to the criteria outlined in the manual;

Stabilization adequate to prevent erosion located at the outlets of all pipes and paved channels.

10.

The use of impervious surfaces for stabilization should be minimally used.

(Ord. No. 2019-05, § I, 4-3-2019)

13.78.070 - Low impact development.#

As required by the MS4 Permit, the city encourages a low impact development (LID) approach, which includes the implementation of structural BMPs, where practicable, that infiltrate, evapotranspire, or harvest and use the storm water for the site to protect water quality. All development requiring a city permit and compliance with the construction general permit must include an LID analysis and achieve the retention requirements set forth in the storm water management plan and in Section 13.78.060, if applicable.

(Ord. No. 2019-05, § I, 4-3-2019; Ord. No. 2021-17, § 1(Exh. B), 10-27-2021)

13.78.080 - Inspection.#

Except as provided in Subsection (B) of this section, the city will conduct all oversight inspections through an electronic site inspection, for which the permittee shall submit photo documentation Upon inspection, the authorized enforcement agent shall approve the portion of the work completed or shall notify the permittee wherein the completed work fails to comply with the SWPPP, as approved. The permittee shall maintain a copy of the SWPPP at the Site during the progress of the work. Photographs submitted for electronic site inspection shall:

Include meta data verifying the date, time, and GPS location corresponding to the construction site; and

Be of sufficient resolution and clarity to assess compliance with general best management practices.

The construction permittee shall allow an authorized enforcement agent to enter the premises to make on-site inspections as hereinafter required or authorized. An authorized enforcement agent is hereby authorized to enter the property of the permittee for an on-site inspection of a construction site if:

The applicant opts in to on-site inspections;

The city has a documented reason for justifying an on-site oversight inspection, which may include:

Alterations of electronic photographs;

Failure to submit an electronic site inspection at the appropriate time; or

The construction site is within one-half mile of a river, a stream, or a lake; or

The city is inspecting a state transportation project or a military project.

The permittee or his/her agent shall make regular inspections of all control measures at least once every fourteen (14) calendar days and within twenty-four (24) hours of the end of a storm that produced twenty-five one-hundredths (0.25) of an inch of rainfall or greater. The purpose of such inspections will be to determine the overall effectiveness of the control plan and the need for additional control measures. All inspections shall be documented in written form, maintained on-site, and made available to the city building official or authorized enforcement agent upon request.

(Ord. No. 2019-05, § I, 4-3-2019; Ord. No. 2025-46, § 1(Exh. A), 9-10-2025)

13.78.090 - Post-construction inspections—Maintenance agreements.#

Consistent with the requirements of the MS4 permit, the city is required to inspect stormwater control measures on private property to ensure that adequate maintenance is being performed.

Property owners must, for the purposes of maintenance of post-construction stormwater management measures:

Provide permission for inspections of post-construction stormwater management measures on private property annually by a qualified person pursuant to a maintenance agreement and every five years by an authorized enforcement agent, or more frequently at the discretion of the city engineer, when that property discharges into the MS4, as necessary;

Prior to issuance of a city permit, enter into a maintenance Agreement which requires the property owner to reimburse the city for inspection costs and that requires annual certification of maintenance by the property owner, tenant or a qualified third party. Such certification must state that all maintenance has been performed and that the structural controls are operating as designed to protect water quality. The maintenance agreement shall run with the land and must be transferred to subsequent purchasers.

The city may conduct oversight inspections every five years, or when there is an apparent system failure. If a property owner objects to the inspection, an authorized enforcement agent may apply for an administrative warrant to inspect the property.

If a property owner does not appropriately maintain the stormwater control measures, then the city may seek all remedies identified in this chapter, including abatement and assessment of costs, civil or criminal actions, and declaratory or injunctive relief.

(Ord. No. 2019-05, § I, 4-3-2019; Ord. No. 2025-46, § 1(Exh. A), 9-10-2025)

13.78.100 - Construction site access and traffic.#

This section shall apply to all construction activities regardless of the size of the construction site. A.

Construction site access requirements shall include a temporary access road provided at all sites as well as the following measures to assure that sediment is not carried onto public streets by construction vehicles or washed into storm drains.

Each permittee shall be responsible to see that vehicles used in the process of carrying out the work authorized by the building permit shall not track any mud, dirt, or debris of any kind upon any city street and, if necessary, shall install a suitable process to clean vehicles prior to leaving the job site and entering city streets. The suitable process shall consist of:

A cleaning area and crew to clean mud and dirt off the wheels and exterior body surface of the equipment;

The cleaning area shall be arranged to provide adequate drainage to prevent puddling, and the cleaning area shall be kept mud-free and may be on a macadam or concrete slab;

The cleaning area shall be located on private property and arranged in such a way that there is no blocking of traffic on city streets;

The cleaning water or solution used for cleaning shall not be allowed to enter the city street, gutter or storm drain system.

All trucks and equipment leaving the site with earthen materials or loose debris shall be loaded and/or covered in such a manner as to prevent dropping of materials on city streets and/or sidewalks.

Ramps constructed over curbs and gutters shall not interfere with or block the passage of water along the gutter and shall be constructed of material that will not erode or deteriorate under adverse weather conditions.

(Ord. No. 2019-05, § I, 4-3-2019)

13.78.110 - Required Measures and Enforcement.#

The permittee shall install erosion and water runoff controls sufficient to ensure that no stormwater, surface water, or debris from the construction site shall erode, drain, wash, or be tracked into any public right-of-way, including curb and gutter, into any part of the city's storm sewer system or into any ditch, canal, stream, or river. These controls shall be sufficient to cover any contingency, including, but not limited to, seasonal storms, unseasonable storms, and methods of construction.

The sidewalk, street, and/or curb and gutter shall not be used for storage of debris, dirt, or excavated materials. The sidewalks shall not be removed, blocked, or otherwise rendered unusable by either the storage of construction equipment or material or the construction procedures unless a safe, usable alternate walkway along the same side of the street is provided by the contractor. All alternate walkways shall be ramped and so constructed as to provide a walking surface four feet wide and as sound and smooth as the normal concrete sidewalk.

The permittee shall be responsible for the immediate removal of mud, dirt, or debris deposited on city streets, sidewalks, and/or curb and gutters by equipment leaving the site or by his construction procedures.

If it becomes necessary for the city to remove any mud, dirt, or debris which has been deposited upon a street, gutter, or sidewalk, or in any storm sewer, the total cost to the city for such removal will be charged to the property owner, including legal fees, if any. Payment of such charges will be made to the city prior to final inspections, utility clearances, and issuance of a certificate of occupancy. pursuant to South Salt Lake City Ordinance, 2.22, the property owner may appeal the costs of such abatement.

If any person holding a city permit pursuant to this chapter violates the terms of the permit or implements Site development in such a manner as to materially and adversely affect the health, welfare, or safety of persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the city building official may stop the work and suspend or revoke the city permit, unless:

The violation is a result from a deficiency in a best management practice;

The person selected the city's preferred best management practice for the site conditions; and

The person implemented and properly maintained the preferred best management practice.

The permittee shall develop and implement post construction stormwater management measures to reduce runoff and the discharge of pollutants after construction is completed, as directed and approved by the city engineer. These post construction measures shall be sufficient to cover any contingency, including, but not limited to, seasonal and unseasonable storms.

(Ord. No. 2019-05, § I, 4-3-2019; Ord. No. 2025-46, § 1(Exh. A), 9-10-2025)

13.78.120 - Violation and penalties.#

Any person who violates a provision of this chapter, or who fails to comply with an affirmative obligation established by this chapter, shall be deemed guilty of a class B misdemeanor of a separate offense for each day during which any violation of a provision of this chapter is committed, continued, or permitted.

Upon discovery of a violation of this chapter, the city:

Will first notify the applicant, in writing, of a specific violation;

Will provide the applicant a reasonable time of at least one business day to correct the specific violation; and

May perform an onsite inspection to verify the applicant corrects the specific violation.

If an applicant does not correct the specific violation described in Subsection (B) within the timeline provided, the city:

Will issue a written warning that the applicant has not corrected the specific violation;

Impose a fine if the applicant does not correct the specific violation within one additional business day; and

May perform an onsite inspection to verify that the applicant corrected the specific violation.

If an applicant does not correct the specific violation for which the applicant received notice in accordance with Subsection (B), within the timeline set under Subsection (C), the city:

Will notify the applicant, in writing, that the applicant has not corrected the specific violation; and

Impose an administrative fine for each occurrence, which shall be set forth in the Consolidated Fee Schedule, available at Title 3, Chapter 11 of this Code; and

May impose the administrative fine:

For each business day the specific violation continues beginning on the day after the day on which the city issues the administrative fine; and

Within thirty (30) days after the day on which the applicant corrects the violation.

In its sole discretion, the city may choose to enforce this chapter against any person violating any of its provisions by criminal citation, civil citation, notice of violation, and summons as provided in Chapter 8.14 of this Code, or other judicial remedies, including injunctive relief.

Any person adversely affected by a decision of an enforcement official made pursuant to this Title, shall have the right to request an administrative hearing as provided under Chapter 2.22 of this Code.

Any person found responsible in a civil proceeding of violating any provision of this chapter shall be deemed responsible for a separate violation of this ordinance for each day during which any violation of any of the ordinance is committed, continued, or permitted. Upon civil citation for any such violation, such Person, partnership, or corporation shall be punished by a civil fine of not more than one thousand dollars ($1,000.00) for each 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 chapter shall be required to bear the expense of any work or restoration performed by the city pursuant to an order from an administrative proceeding. Properties which require correction by the city are subject to liens for the work completed by the city.

(Ord. No. 2019-05, § I, 4-3-2019; Ord. No. 2021-17, § 1(Exh. B), 10-27-2021; Ord. No. 2025-46, § 1(Exh. A), 9-10-2025)

13.78.130 - Separability.#

The provisions and sections of this chapter shall be deemed to be separable, and the invalidity of any portion of this chapter shall not affect the validity of the remainder.

(Ord. No. 2019-05, § I, 4-3-2019)