City of Bowling Green, Kentucky

Citation Number:
2022-00004277.3

Date Issued:
Tue, Jul 5, 2022 11:16 AM

Status:
Final Order

Total Citation Amount:
$1,000.00

Name of Person Cited:
SPARKS SCOTT

Property in Violation:
538 CHEROKEE DR
BOWLING GREEN KY 42103
PVA Parcel #: 051B13 018

Property Owner:
SPARKS SCOTT & KELLY D
PO BOX 88
WOODBURN KY 421700088

Code Compliance Officer:
Nick Lawhon

Inspection Date:
Fri, Jul 1, 2022 12:20 PM

Code:
BGKY C21 21.2.03.a.1 Failure to obtain all required permits Public Infrastructure, Rights-of-Way and Stormwater / Stormwater Quality / Construction Site Stormwater Management

Code Description:
Permits are required to be obtained from the City for all site construction projects and/or land disturbances as set out in the City of Bowling Green Stormwater Best Management Practices (BMP) Manual. The developer shall also coordinate with the KYDOW and the U.S. Army Corps of Engineers to determine whether permits are required from those agencies before construction begins. Each developer shall submit an application to the City on a form provided by the City. No permit was issued for the work that has taken place on site. A permit application that was submitted in 2021 (SW-2021-00001262) in response to inspections conducted in spring 2021, but the application expired on December 10, 2021. Engineering designs were never presented that demonstrate that fill could be placed in this basin without decreasing the basin's ability to store and drain stormwater. All fill material must be removed as soon as is possible. If fill removal has not been completed by Friday, August 5, 2022, further citations and associated fines of up to $2,000 will be issued.

Code:
BGKY C21 21.2.04.j Failure to properly implement required BMPs Public Infrastructure, Rights-of-Way and Stormwater / Stormwater Quality / Illicit Discharge; Applicability; Responsibility

Code Description:
Requirement to prevent, control and reduce stormwater pollutants by the use of BMPs. The City shall review and approve BMPs for any activity, operation or facility that may cause or contribute to pollution, discharge of hazardous materials or has the potential to contaminate naturally occurring stormwater or waters of the United States. The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 or any conveyance through the use of these structural and non-structural BMPs. Further, any person responsible for a property or premise which is, or may be, the source of an illicit discharge may be required to implement, at such person's expense, additional structural and nonstructural BMPs to prevent the further discharge of pollutants or hazardous materials to the MS4 or any conveyance. These BMPs shall be part of a Stormwater Pollution Prevention Plan (SWPPP) as necessary for compliance with requirements of the NPDES permit. Silt fence has been installed on the downslope side between the fill material and the sinkhole. A gravel entrance has been constructed to minimize tracking of mud onto the residential street, but has begun to degrade and requires stabilization.

Code:
BGKY C21 21.3.01.b Altering Stormwater flow w/out approval Public Infrastructure, Rights-of-Way and Stormwater / Construction, Repair, Permitting and Maintenance / Infrastructure Requirements

Code Description:
Any person proposing or constructing alterations, improvements or other disturbances changing the flow characteristics of stormwater shall have prior approval through permitting or plan approval by the Public Works Director or designee. This includes altering drainage onto an adjoining property or right-of-way, or into any drainage crevice, sinkhole, ditch, closed system, catch basin, dry well, or any other drainage facility whether natural or constructed. Substantial fill material has been placed in the low-lying area receiving stormwater runoff from all or part of eight lots along Cherokee and Indian Hills drives. Additionally, construction debris has been placed in the throat of the sinkhole draining the basin. The fill material alters stormwater flow by reducing the volume of the basin, and the material placed in the sinkhole may affect its ability to drain the basin. All fill material must be removed as soon as is possible. If fill removal has not been completed by Friday, August 5, 2022, further citations and associated fines of up to $2,000 will be issued.