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. 1. A follow up Citation inspection will be conducted on 3/11/26, expecting the following to be addressed for remedial items (If there are large infrastructure issues, we need a timeframe for the remedial work to take action):
• Pipes in the basin behind buildings 6 & 7 need cleaned out and BMP’s installed (example: straw waddles, rock checks, etc.) to prevent sediment runoff and buildup
• Some trash and construction debris is not contained for the site and needs to be cleaned up and/ or removed.
• Bare soil areas that still have not produced vegetation needs to be stabilized (Example: seed and straw, straw matting, mulch, etc.). According to the City of Bowling Green Ordinance Chapter 21 Violations on our public Webpage, bare soil areas are not permitted to sit longer than 14 days with no stabilization or active construction taking place. (https://codelibrary.amlegal.com) This includes the large stock pile of dirt at the front of the property. If it is intended for use in the future, then stabilize it until construction for the development begins again.
• Both sinkholes need addressed as soon as possible due to the nature of them. They need proper barriers placed around them for safety concerns and one is opened up close the back porch of Building 3 which makes it a high concern for safety of the residents living there. This has been communicated on several occasions.
2. A follow up Citation inspection will be conducted on 3/20/26, expecting the following to be addressed for the larger remedial items (grade work, dirt fill and removal, construction debris clean up, actual sinkhole repairs, etc.).We need a timeframe for the remedial work to take action (we understand rain can be an issue but communication is key and all of these issues have been addressed previously on multiple occasions).
• Sinkholes need repair. The one behind Building 6 needs a complete and detailed repair (Engineer assistance needed) due to the nature of the sinkhole. This one is affecting the capacity of the drainage for the basin. The sinkhole behind building #3 (also requires Engineer assistance at this stage in time due to the nature of the issue), needs remedial repairs but it is suggested to reinforce it better since there has been fallout before. Both need barrier protection due to safety concern immediately.
• Buildings that have had prior approval for permits are still not EPSC compliant. They need grade clean up and stabilization (rutting and pop up spouts also needs to be repaired or replaced in the large Basin).
• All areas with rutting and ponding water needs to be graded and stabilized for the entire development. There are two locations ponding specifically behind buildings 4, 1 and 2. This means the grade is not correct for those areas.