City of Cleveland


The City of Cleveland is located in the Lake Erie Drainage Basin which includes the Rocky River Watershed, Big Creek Watershed, Mill Creek Watershed, Doan Brook Watershed, and Euclid Creek Watershed. Cleveland also includes Morgan Run Watershed, Dugway Brook Watershed, Shaw Brook Watershed, Nine Mile Creek Watershed, Green Creek Watershed, Kingsbury Run Watershed, and Walworth Run Watershed that are located in combined sewer areas. City of Cleveland is 75.6 square miles of which approximately 6.8 square miles drains into natural watercourses. The community is 91 % combined sewers and 9 % separate sewers.

Non-point stormwater runoff is rainwater and snowmelt that flows over solid, impervious surfaces such as streets, sidewalks and parking lots. Hard, compact soil also can prevent stormwater from infiltrating the ground, which can lead to street flooding and erosion. Runoff can carry debris, chemicals, sediment or other pollutants on the ground into sewer catch basins and can flow into local waterways untreated. This can cause contamination of our drinking water and compromise recreation areas along Lake Erie, which is Northeast Ohio’s main source of drinking water.

The City adopted an improved stormwater management regulation that addresses both stormwater quality and quantity and encourages the use of non-structural stormwater management techniques. Cleveland Codified Ordinances Chapter 3116 also encourages the use of low impact development practices on our commercial and institutional areas. In addition, the City is in the process of amending its Zoning regulations that govern riparian and wetland areas.

Structural BMPs created through the improved stormwater management regulation will be maintained by post-development landowners. If landowners do not complete necessary operation and maintenance, the City of Cleveland will reserve the right to make the correction or issue citations pursuant to the Codified Ordinances of the City of Cleveland Section 3103. Long-term maintenance will be handled by the Department of Building and Housing Department, who is also responsible for the enforcement of the Post-Construction Stormwater Management Plan.

Partner Organizations

STATE OF OHIO Storm Water Program

Chapter 3745-39 of the ADMINISTRATIVE CODE

3745-39-02 Objectives of the Ohio EPA storm water management program for small MS4s.

(A) Storm water runoff continues to harm Ohio's waters. Runoff from lands modified by human activities can harm surface water resources in several ways, including the changing of natural hydrologic patterns and elevating pollutant concentrations and loadings. Storm water runoff may contain or mobilize high levels of contaminants, such as sediment, suspended solids, nutrients, heavy metals, pathogens, toxins, oxygen-demanding substances and floatables.

(B) The purpose of the Ohio EPA storm water management program for small municipal separate storm sewer systems (MS4s) is to regulate sources to protect water quality and to establish a comprehensive storm water management program. In this program, small MS4s have flexibility to determine the best management practices and measurable goals that are most appropriate for their system, for each of the six minimum control measures described in paragraph (C) of rule 3745-39-03 of the Administrative Code.

(C) What constitutes a municipal separate storm sewer system is often misinterpreted and misunderstood. The term does not solely refer to municipally owned storm sewer systems, but rather is a term of art with a much broader application that can include, in addition to local jurisdictions, state and federal facilities, public universities, local sewer districts, public hospitals, federal installations, military bases and prisons. The municipal separate storm sewer system is not just a system of underground pipes – it can include roads with drainage systems, gutters and ditches.

Ohio EPA NPDES requirements for small MS4s.

(OAC Rule #: 3745-39-03)

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules and federal statutory provisions referenced in this rule, see rule 3745-39-01 of the Administrative Code.]

(2) Minimum control measures.

(e) Post-construction storm water management in new development and redevelopment.

  1. You must develop, implement and enforce a program to address storm water runoff from new development and redevelopment projects that disturb greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale, that discharge into your small MS4. Your program must ensure that controls are in place that would prevent or minimize water quality impacts.
  2. You must:
  1. Develop and implement strategies that include a combination of structural, non-structural, or both types of best management practices as you determine appropriate for your community;
  2. Use an ordinance or other regulatory mechanism to address post-construction runoff from new development and redevelopment projects to the extent allowable under state or local law; and
  3. Ensure adequate long-term operation and maintenance of best management practices.

city of cleveland municipal code

CHAPTER 3116 – CONSTRUCTION AND POST-CONSTRUCTION SITE STORM WATER RUNOFF CONTROL

§ 3116.01  Definitions

The definitions contained in Ohio Environmental Protection Agency (“Ohio EPA”) General Permit Number “OHC000003”, entitled “Authorization for Storm Water Discharges Associated With Construction Activity under the National Pollutant Discharge Elimination System” in effect at the time a permit is applied for under this chapter shall apply to this chapter, except the following definitions shall apply:

  1. “Construction activity” for purposes of this chapter, means any clearing, grading, excavating, grubbing, trench dewatering, and/or filling activities that disturb one (1) or more acres of land. The threshold acreage includes the entire area disturbed in the larger common plan of development or sale.
  2. “Director” means the Director of Building and Housing or his or her designee.
  3. “Ohio EPA Permit No. OHC000003” means the Ohio EPA’s National Pollutant Discharge Elimination System construction general permit number OHC000003, effective April 21, 2008 and any subsequent generations of that permit issued by the Ohio EPA.
  4. “Person” means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, or any other legal entity.

(Ord. No. 807-09. Passed 7-1-09, eff. 7-8-09)

§ 3116.02  General Provisions

  1. Lands to Which This Chapter Applies. This chapter shall apply to all areas of the City of Cleveland.
  2. Discharges to Which This Chapter Applies. This chapter shall apply to all new and existing discharges composed of storm water associated with construction activity that enters surface waters of the State, or a storm drain leading to surface waters of the State, or to a public sewer drain. Discharges of materials not composed entirely of storm water, including but not limited to materials containing discarded building materials, concrete truck washout, chemicals, litter, or sanitary waste, must comply with all other applicable laws and regulations.
  3. Conflict with Other Regulations. This chapter is intended to be supplemental to any city regulation, or policy governing the development of land, the removal of soil, other land-disturbing activity. The most restrictive standards imposed by any city ordinance, regulation, or policy shall apply.

(Ord. No. 807-09. Passed 7-1-09, eff. 7-8-09)

§ 3116.03  Permit Required

  1. It shall be unlawful for any person to undertake any construction activity without first obtaining a permit from the Director.
  2. It shall be unlawful for any permittee to fail to comply with their permit.

(Ord. No. 807-09. Passed 7-1-09, eff. 7-8-09)

§ 3116.04  Plan Review, Inspections and Record Keeping; Contract Authority

The Director of Building and Housing is authorized to enter into contracts for professional services necessary to provide training, and to assist with plan review, inspections, and record-keeping, as needed to administer this chapter.

The compensation to be paid for such services shall be fixed by the Board of Control. Professional services contracts authorized by this section shall be prepared by the Director of Law, approved by the Director of Building and Housing, certified by the Director of Finance, and paid from the annual appropriations made for such purpose.

(Ord. No. 807-09. Passed 7-1-09, eff. 7-8-09)

§ 3116.05  Permit Application; Fee

  1. The Director may charge a permit application fee as established from time to time by the Board of Control.
  2. Any person desiring a permit required by this chapter shall file an application with the Director. The application shall consist of:
    1. The permit application fee;
    2. Two (2) or more copies of a Storm Water Pollution Prevention Plan (SWP3) prepared in accordance with sound engineering and/or conservation practices by a professional experienced in the design and implementation of standard erosion and sediment controls and storm water management practices addressing all phases of construction. The SWP3 is not complete unless it contains the information, including but not limited to the post-construction operation and maintenance plans, required in Ohio EPA Permit No. OHC000003 Part 3 “Storm Water Pollution Prevention Plan (SWP3)”.

(Ord. No. 807-09. Passed 7-1-09, eff. 7-8-09)

§ 3116.06  Approval or Disapproval of Storm Water Pollution Prevention Plan

  1. The Director shall review storm water pollution prevention plans submitted to him or her and grant written approval if he or she determines that the plan meets the requirements prescribed in Ohio EPA Permit No. OHC000003 and this chapter.
  2. When a plan is determined to be inadequate, written notice of disapproval stating the specific reasons for disapproval shall be communicated to the applicant. The notice shall specify the modifications, terms and conditions that are necessary for approval of the plan.

(Ord. No. 807-09. Passed 7-1-09, eff. 7-8-09)

§ 3116.07  Issuance of Permit; Appeal

  1. The Director shall issue a permit approving construction activity under this chapter on approval of the SWP3.
  2. Any denial of a permit under the provisions of this chapter may be appealed to the Board of Building Standards and Building Appeals as provided in the Charter and in Section 3103.20.

(Ord. No. 807-09. Passed 7-1-09, eff. 7-8-09)

§ 3116.08  Periodic Inspections of Construction Activities

  1. The Director may make periodic inspections of construction activities or land-disturbing activities to ensure compliance with this chapter. The right of inspection shall be inherent in the issuance of the permit under this chapter.
  2. All applicable permits and approved SWP3s under this chapter shall be made immediately available on site upon request of the Director or his or her authorized representative during working hours.

(Ord. No. 807-09. Passed 7-1-09, eff. 7-8-09)

§ 3116.09  Amendment of Approved Plan

A SWP3 approved under this chapter may be amended by the Director in the following cases:

  1. Where inspection reveals that the plan is inadequate to satisfy applicable regulatory provisions; or
  2. Where the person responsible for carrying out the approved plan finds that because of changed circumstances or for other reasons the approved plan cannot be effectively carried out, and the person proposes amendments to the plan consistent with the requirements of this chapter.

(Ord. No. 807-09. Passed 7-1-09, eff. 7-8-09)

§ 3116.10  Final Inspection, Certificate of Completion of Construction Activities and Post Construction Management

  1. Persons obtaining a permit under this chapter must continue to meet the applicable requirements of Ohio EPA Permit No. OHC000003 and this chapter until they receive, upon written request, a certificate of completion issued by the Director. A certificate of completion may be issued on finding satisfactory evidence of compliance with the approved SWP3 and the achievement of adequate stabilization. “Adequate stabilization” of the site shall be determined by the Director.
  2. The permittee, or any person identified in an approved SWP3 as responsible for the continuing obligations for the maintenance of post-construction best management practices, shall not be relieved of those continuing obligations once coverage under a permit is terminated or by the issuance of a certificate of completion.
  3. The permittee must provide copies of all post construction best management practices (“BMPs”) described in the approved SWP3 to the post- construction operator of the site (including homeowner associations) and land owners, upon completion of construction activities prior to termination of permit coverage.
  4. The post-construction operator of the site and the owner of the premises subject to the provisions of this Building Code shall continue to be responsible for maintenance and compliance with the post-construction storm water BMPs described in the approved SWP3.
  5. A violation of a provision in this section requiring compliance with a post-construction BMPs is a violation of this chapter.

(Ord. No. 807-09. Passed 7-1-09, eff. 7-8-09)

§ 3116.11  Periodic and Final Inspection Fees

The Director is authorized to charge fees for periodic or final inspections according to an inspection fee schedule fixed from time to time by the Board of Control.

(Ord. No. 807-09. Passed 7-1-09, eff. 7-8-09)

§ 3116.12  Waivers

The Director may waive or modify any of the regulations that are deemed inappropriate or too restrictive on the applicant’s proof of compliance with the waiver conditions contained in the Ohio EPA Permit No. “OHC000003”, in effect at the time a permit is applied for under this chapter.

(Ord. No. 807-09. Passed 7-1-09, eff. 7-8-09)

§ 3116.13  Severability

If any portion of this chapter, or any section or part of a section shall be declared by a court of competent jurisdiction to be invalid, the declaration shall be limited solely to that portion, section, or part of a section that was directly involved in the controversy before the court on which judgment was rendered and shall not affect or impair the validity of the remainder of the chapter.

(Ord. No. 807-09. Passed 7-1-09, eff. 7-8-09)

City of Cleveland USEPA Phase II Stormwater Management Program Report-2013

D. Post-Construction Stormwater Management in New Development and Redevelopment (MCM #5)

3.2.5.2.2 How the program will be specifically tailored for the local community, minimize water quality impacts, and attempt to maintain pre-development runoff conditions.

The storm sewer area of the City of Cleveland is primarily located in residential communities with limited commercial and institutional developments. Our water quality concerns are those related to increases in stormwater runoff as impervious area increases and include sedimentation due to stream bank erosion, increased flooding due to increases in stormwater volume, and habitat loss due to increased flow.

The City adopted an improved stormwater management regulation that addresses both stormwater quality and quantity and encourages the use of non-structural stormwater management techniques. Cleveland Codified Ordinances Chapter 3116 also encourages the use of low impact development practices on our commercial and institutional areas. In addition, the City is in the process of amending its Zoning regulations that govern riparian and wetland areas.

These BMPs represent significant changes in stormwater management in Northeast Ohio, education for landowners, developers, planners, engineers, and others as necessary to support their implementation. Watershed Programs will provide such educational opportunities during the permit term and will apply to the entire City. The City will continue to support this education through membership in Euclid Creek Watershed Program, Doan Brook Watershed Partnership, Mill Creek Watershed Partnership, Soil and Water Conservation District, Northeast Ohio Area Wide Coordinating Agency, Northeast Ohio Regional Sewer District and Chevrolet Branch of Big Creek Partners.

3.2.5.2.3.4 Other measures such as minimization of the percentage of impervious area after development, use of measures to minimize directly connected impervious areas and source control measures often thought of as good housekeeping, preventable maintenance and spill prevention.

The City will continue to explore the implementation of these practices through our process to consider adopting an improved stormwater management regulation. The City introduced and passed ordinances in 2007 to allow for downspout disconnect and permeable pavement systems. The City also introduced and passed a complete street ordinance (Ordinance Number 798-11) in 2011 that recognizes the need to provide a policy to assist in the management of stormwater runoff and provide environmental benefits through the use of Best Management Practices in green infrastructure. The ordinance went into effect January 1, 2012.

3.2.5.2.4 Structural BMPs in the program, including, as appropriate:

3.2.5.2.4.1 Storage practices such as wet ponds and extended-detention outlet structures.

The City currently requires redeveloped properties to control their stormwater quantity through the use of detention facilities where appropriate. The City is also requiring water quality measures in new projects.

3.2.5.2.4.2 Filtration practices such as grassed swales, bioretention cells, sand filters and filter strips.

City Planning and other impacted departments met with the Cuyahoga Soil and Water Conservation District to discuss several model ordinances developed by the Northeast Ohio Area wide Coordinating Agency (NOACA). The team started to assess the riparian and wetland setbacks ordinance for its applicability to an urbanized environment. The City has completed a draft Riparian and Wetland Setback ordinance to adopt as part of its Zoning Code.

3.2.5.2.4.3 Infiltration practices such as infiltration basins and infiltration trenches.

The City will research the feasibility of requiring the use of these practices in new projects.

3.2.5.2.5 Mechanisms (ordinance or other regulatory mechanisms) used to address post-construction runoff from new developments and redevelopments.

The City chose the mechanism of an ordinance to address our water quality concerns related to increases in stormwater runoff as land is developed. This will provide flexibility to landowners, while ensuring that new impervious cover is minimized; the flood and erosion control, and water quality functions of the watercourses and wetlands are maintained; and when stormwater is increased, it is managed for both quality and quantity. The ordinance is found in Chapter 3116 and is titled “Construction and Post-Construction Site Storm Water Runoff Control. It was enacted in 2004 and updated in 2009. The City also has completed a draft of a Riparian and Wetland Setback Ordinance that it plans to adopt in 2012 to amend its Zoning Code.

3.2.5.2.6 LONG-TERM OPERATION AND MAINTENANCE (O&M) OF BMPS. Options to help ensure that future operation and maintenance responsibilities are clearly identified include an agreement between you and another party such as a post-development landowners or regional authorities.

Structural BMPs created through the improved stormwater management regulation will be maintained by post-development landowners. If landowners do not complete necessary operation and maintenance, the City of Cleveland will reserve the right to make the correction or issue citations pursuant to the Codified Ordinances of the City of Cleveland Section 3103. Longterm maintenance will be handled by the Department of Building and Housing Department. These changes will be solidified when the ordinances are amended.

3.2.5.2.7 Who is responsible for overall management and implementation for the post construction plan and, if different, who is responsible for each of the BMPs identified for this program.

The Department of Building and Housing will be responsible for enforcement of the Post-Construction Stormwater Management Plan.

3.2.5.2.8 How will you evaluate the success of this minimum measure, including how you selected the measurable goals for each of the BMPs.

The City will evaluate the success of this minimum measure through our ability to successfully implement improved stormwater management. We will consider additional BMPs to achieve similar outcomes after there has been sufficient experience with implementation of ordinance.

MEMORANDUM OF UNDERSTANDING

Between the THE DOAN BROOK WATERSHED PARTNERSHIP And the CITY OF CLEVELAND

Recognizing the need for effective collaboration in carrying out mandated responsibilities, especially related to the National Pollutant Discharge Elimination System (NPDES) Stormwater Phase II permit, the City of Cleveland (City) and the Doan Brook Watershed Partnership (DBWP) accept this agreement as the document which describes the process for exchange. Cooperation between these two units facilitates solutions to problems encountered by the city as it plans for the development/redevelopment and conservation of its environment, as well as, water quality improvements. In making technical assistance and expertise available to the City, the DBWP hopes to influence local planning and regulatory capability toward better conservation of water resources.

For ease of understanding, this agreement is arranged according to the order of the Six Minimum Controls for NPDES Phase II for stormwater as defined with the Ohio Revised Code 3745-39-04 (B)(l) through (6).

City of Cleveland Stormwater Documents

odnr soil & water resources

Stormwater Management Manual

MANAGEMENT PRACTICES Page: STRUCTURAL PRACTICES Page:
2.1 Reduction of Impervious Areas............. ….3 2.6 Water Quality Ponds............ ….27
2.2 Low Impact Development....................... ….5 2.7 Infiltration Trench................ ….41
2.3 Conservation Development.................... ….11 2.8 Sand & Organic Filter........... ….49
2.4 Wetland Setback...................................... ….15 2.9 Grass Filter............................. ….63
2.5 Stream Setback Area................................ ….21 2.10 Bioretention Area............... ….69
    2.11 Pervious Pavement............. ….85

 

STRUCTURAL PRACTICES Page:
4.1 Grassed Swale................... ….2
4.2 Level Spreader.................. ….8
4.3 Rock Lined Channel......... ….14
4.4 Rock Outlet Protection.... ….20
4.5 Diversion............................ ….26
4.6 Terrace................................ ….31
4.7 Subsurface Drainage....... ….38