Chapter 4 Generally Applicable Development Standards Appendix 4H Erosion Prevention and Sediment Control Page3 of 5

SECTION 159.02 ADMINISTRATION & REVIEW PROCEDURES

  1. Administering authorities/ powers

    This subsection sets forth the roles and powers that MSD and various county agencies and bodies have in administering this EPSC Ordinance.
    1. MSD. The powers and functions of MSD with respect to administering this Ordinance are as follows:
      1. Review and approve all EPSC plans and issue all requisite site disturbance permits authorized by this Ordinance.
      2. Negotiate the terms and conditions of all general permits authorized by this Ordinance in consultation with the DPDS and the City of Louisville.
      3. Perform pre-construction site meetings, construction inspections and negotiated compliance efforts in the enforcement of this Ordinance; issue notices of violation and stop work orders.
      4. Develop an education and training program for contractors, inspection agency personnel, plan reviewers and plan preparers and individuals seeking certification as CCR's.
      5. Prepare, implement and revise methods, EPSC standards and specifications for inclusion in the MSD Design Manual, Standard Specifications and Standard Drawings.
      6. Adopt, collect and distribute permit fees for EPSC plan review and construction inspection activities.
    2. DPDS. The powers and functions of DPDS with respect to administering this Ordinance are as follows:
      1. Upon referral from MSD, review and comment upon detailed EPSC plans submitted concurrently with construction plans required under the Development Code.
      2. Participate with MSD, as appropriate, in pre-construction site meetings required pursuant to this Ordinance, in order to coordinate compliance with other applicable Development Code standards and provisions.
      3. Through zoning enforcement, landscape, binding element and/or environmental health and protection officers, perform inspections and negotiated compliance efforts in the enforcement of this Ordinance, including the necessary issuance of notices of violation and stop work orders, against MSD.
      4. Negotiate the terms and conditions of MSD's general permit and assist MSD with negotiation of all other general permits authorized by this Ordinance.
    3. Jefferson County Divisjon of Public Works & Transportation. The powers and function of the Jefferson County Division of Public Works & Transportation with respect to administering this Ordinance are as follows:
      1. Upon referral from MSD, review and comment upon detailed EPSC plans submitted concurrently with construction plans required under the Development Code.
      2. Participate with MSD, as appropriate, in pre-construction site meetings required pursuant to this Ordinance, in order to coordinate compliance with other applicable Development Code standards and provisions.
    4. City of Louisville Department of Public Works. The powers and functions of the City of Louisville Department of Public Works with respect to administering this Ordinance are as follows:
      1. Upon referral from MSD, review and comment upon detailed EPSC plans submitted concurrently with construction plans required under the Development Code
      2. Participate with MSD, as appropriate, in pre-construction site meetings required pursuant to this Ordinance, in order to coordinate compliance with other applicable Development Code standards and provisions.
      3. Assist MSD with negotiation of general permits authorized by this Ordinance.
    5. Jefferson County Building Code Enforcement Officers. The function of the Jefferson County

      Building Code Officers with respect to this Ordinance consists of and is limited to, in the course of their normal inspection and enforcement duties, cursory observations of individual building sites related to the standards of this Ordinance and refer any observed violations to MSD. This is not to be interpreted as an inspection with authority to act on any violations pertaining to this Ordinance.
    6. City of Louisville Department of Inspection. Permits & Licenses. The function of the City of Louisville Department of Inspection, Permits & Licenses with respect to this Ordinance consists of and is limited to, in the course of their normal inspection and enforcement duties, cursory observations of individual building sites related to the standards of this Ordinance and refer any observed violations to MSD. This is not to be interpreted as an inspection with authority to act on any violations pertaining to this Ordinance.
    7. Other Municipal Code Enforcement Agencies Located in Jefferson County. The function of other Jefferson County code enforcement agencies or municipalities located in Jefferson County with respect to this Ordinance consists of and is limited to, in the course of their normal inspection and enforcement duties, cursory observations of individual building sites related to the standards of this Ordinance and refer any observed violations; to MSD. This is not to be interpreted as an inspection with authority to act on any violations pertaining to this Ordinance.
    8. EPSC Board. The powers and functions of the EPSC Board with respect to administering this Ordinance are to issue remedial orders and impose specified civil fines to enforce violations of this Ordinance.
  2. Permittees
    1. Permittee Verification Identified. The Permittee for site disturbance permits authorized by this Ordinance shall sign the application form acknowledging his/her status as the Person Responsible for the Land Disturbing Activity.
    2. Co-Permittee Verification Required. All contractors and subcontractors whose construction activities may impact the quality of discharge from the site shall complete a written form acknowledging their status as Co-Permittees under the provisions of this Ordinance. Such form(s) shall be kept on-site at all times during site development and during the land disturbing activity. This provision does not apply to single family general permittees.
  3. Review & approval of land disturbing activities—general provisions
    1. Applicability. No land disturbing activity subject to the provisions of this Ordinance shall take place except in accordance with either:
      1. An approved EPSC plan and a duly-issued site disturbance permit; or
      2. An authorized general permit
    2. Types of EPSC Plan Approval Procedures. For purposes of this Ordinance, there are three types of plan approval procedures keyed to the proposed land disturbing activity at issue: Type I Review, Type II Review, and Review Pursuant to a General Permit. These review procedures are described in Section 159.02.F. through H., and summarized in Table 159-1 found in Appendix A to this Ordinance.
    3. Types of Permits. There are two types of permits granted by MSD to allow land disturbing activities subject to the provisions of this Ordinance: Site Disturbance Permits (Type I and Type II approvals) and General Permits. These permit requirements are keyed to the proposed land disturbing activity at issue and are described in Sectionl59.02. F. - H., and summarized in Table 159-1 found in Appendix A to this Ordinance.
    4. Types of EPSC Plans Required. There are two types of EPSC plans that may be required as Part of an application for approval of land disturbing activities subject to this Ordinance: Concept EPSC plans and Detailed EPSC plans. Plan preparation requirements are described in Section 159.02.E. below.
      1. Concept EPSC plans are required only for those land disturbing activities subject to a Type I review and not otherwise exempt or subject: to a general permit under the terms of this ordinance. When no concept EPSC plan is required, documentation will be so noted on the land-use plan receiving preliminary plan approval from MSD.
      2. Detailed EPSC plans are required for all land disturbing activities subject to this Ordinance, except those authorized by a general permit.
    5. Applications. Applications for review and approval of EPSC plans shall be submitted by the Permittee on forms provided by MSD in such numbers as required by MSD. Applications shall be accompanied by a non-refundable fee established by MSD to defray the costs of program administration and operation.
    6. Permitted Scope of Action.
      1. All EPSC plans shall be approved according to the procedures set forth in Section 159.02.F. through H. below. In addition, all plans shall evidence compliance with the standards set forth in Section 159.03 below and all applicable standards and specifications set forth in MSD's Design Manual, Standard Specifications and Standard Drawings.
      2. MSD may impose conditions on the application or allow amendments to the application if the effect of the conditions or amendments is to ensure compliance with this Ordinance and/or reduce the erosion or sedimentation adverse impacts or offsite degradation of the development or land disturbing activity.
    7. Submittal Requirements. A schedule of submittal requirements for each type of application and plan required under this Ordinance is set forth in the MSD Design Manual. The schedule of submittal requirements shall be reviewed periodically and may be adjusted, if necessary, by MSD.
    8. Revocation Authority. MSD shall have the authority to revoke any final approval or permit granted pursuant to this Ordinance, after notice to the Permittee, upon a finding of any of the following:
      1. The land disturbing activity is being undertaken in violation of this Ordinance;
      2. The land disturbing activity is being undertaken in violation of any approved plans, specifications, or conditions of approval;
      3. The land disturbing activity is being undertaken in such a way as to constitute a public nuisance; or
      4. The approval or permit was procured by false representation or was issued by mistake.

        Upon revocation of any final approval or permit, all land disturbing activities authorized by that approval or permit shall cease until and unless a permit or approval is reissued, provided that all remedial or reclamation work shall proceed as directed by MSD.
  4. Table 159-1: summary of review & plan requirements

    Table 159-1 summarizes the review and plan requirements by type of land disturbing activity and can be found in Appendix A to this Ordinance.
  5. Plan preparation & content
    1. Concept EPSC Plans.
      1. Applicability. A concept EPSC plan, submitted by a Qualified Plan Preparer, shall be required for all land use applications subject to a Type I review procedure.
      2. Contents. The concept EPSC plan shall contain the information and data as set forth in the MSD Design Manual, Standard Specifications and Standard Drawings, including a narrative description of phasing, sequencing, or other accommodations, if applicable.
    2. Detailed EPSC Plans.
      1. Applicability. A detailed EPSC plan shall be required for all land disturbing activities subject to a Type I or Type II review procedure. For a land disturbing activity subject to a Type I review, the detailed EPSC plan shall be required subsequent to the preliminary or development plan approval and prior to the commencement of construction or clearing and grading activity.
      2. Contents.
        1. A detailed EPSC plan shall contain the information and data as set forth in the MSD Design Manual, Standard Specifications and Standard Drawings,
      3. Plan Preparers.
        1. Detailed EPSC plans for Land Disturbing Activities Subject to Type I Review. A detailed EPSC plan subject to Type I review shall be prepared and certified by a Qualified Plan Preparer. In addition, MSD may require consultation with geologists, hydrologists, soil scientists, and other professionals, as MSD deems appropriate
        2. Detailed EPSC plans for Land Disturbing Activities Sublect to Type II Review. Unless determined otherwise by MSD, a detailed EPSC plan subject to Type II review shall be prepared and certified by a Qualified Plan Preparer. Such determination will be based upon the amount of site disturbed, the type of disturbance and the proximity to drainageways.
  6. Type I review procedure—issuance of site disturbance permit
    1. Applicability.
      1. Type I review shall be required if a land disturbing activity under this Ordinance is proposed as Part of an activity or development subject to land use approval by the Louisville and Jefferson County Planning Commission, TRC, LD&T, Board Of Zoning Adjustment or legislative body. Such activities include, but are not limited to:
        1. Standard and innovative subdivisions, excluding minor plats and record plats;
        2. Developments requiring a general or detailed development plan under the Development Code;
        3. Conditional uses under the zoning provisions of the Development Code; and
        4. Developments requiring a rezoning.
    2. Concept EPSC Plan Submittal and Approval.
      1. Concept EPSC plan Submittal. The Permittee shall submit a concept EPSC plan, when required, to the DPDS as Part of the application for the land use or development approval.
      2. Preliminary Review and Approval. The concept EPSC plan shall be forwarded to MSD and also distributed to interested agencies for their review and comment as Part of the development application approval process. Taking into consideration interested agency and public comments, MSD shall review and take final action on the concept EPSC plan, either approving, approving with conditions, or denying the concept EPSC plan.
      3. Pre-Construction Site Meetings-Determination. As Part of the concept EPSC plan approval, MSD may require that a pre-construction site meeting occur for purposes of enforcing and administering the provisions of this Ordinance in accordance with Section 159.02.F.4. below.
    3. Detailed EPSC Plan Submittal.
      1. Detailed EPSC plan Submittal. Prior to the commencement of any land disturbing activity in anticipation of development or construction, a detailed EPSC plan shall be submitted to MSD concurrent with any required construction plans or building permit applications.
      2. Referral to DPDS and Public Works. The detailed EPSC plan, as Part of the submitted construction plans, may be referred to DPDS and the appropriate Department of Public Works for review and comment. Such review shall be primarily in regard to the detailed EPSC plan's potential conflicts with other land development and land use standards and policies and conformance with applicable performance standards.
    4. Pre-Construction Site Visits and Meetings.
      1. Purposes. The purposes of a pre-construction site meeting are to:
        1. Correct any inadequacies in the EPSC plan that are identified during the visit and meeting; and
        2. Ensure that the Permittee, particularly the on-site contractor representative, understands the EPSC plan, inspection, maintenance, and record-keeping requirements.
        3. In addition, MSD inspectors and other involved personnel should inspect and note existing natural conditions adjacent to and downstream of the controls prior to construction, so that any changes or degradation due to inadequate control measures can be more easily identified during future inspections.
      2. Applicability/Timing.
        1. If required as a condition of concept EPSC plan approval, a pre-construction site meeting shall be conducted prior to MSD final action on the detailed EPSC plan.
        2. In all other cases, MSD, in consultation with the other reviewing agencies, may require a pre-construction site meeting prior to MSD final action on the detailed EPSC plan, or may require a pre-construction site meeting as a condition of detailed EPSC plan approval and postpone such visit until the notice of construction is received.
      3. Participants in the Pre-Construction Site Meeting. The following persons may participate in a pre-construction site meeting:
        1. Appropriate MSD personnel and, if warranted, representatives from DPDS, Public Works, or any other relevant review agencies; and
        2. The Permittee, the project designer or engineer, the CCR if applicable, and, if available, the contractor (foreman or similar person).
    5. MSD Final Action on the Detailed EPSC plan and Issuance of Site Disturbance Permit.
      1. MSD Final Action—General Provisions. MSD shall consider any comments and shall then take final action on the detailed EPSC plan, either approving, approving with conditions, or denying the detailed EPSC plan.
      2. Minor/No Revisions to the Detailed EPSC plan-Site Disturbance Permit Issuance. After review of the detailed EPSC plan and the pre-construction site meeting (if applicable), if no revisions to the plan or only minor revisions or field adjustments to the plan are necessary for approval, MSD shall take the following actions:
        1. MSD shall approve or conditionally approve the detailed EPSC plan, and
        2. If all other site disturbance related approvals required under federal, state or local law or regulation have been received, MSD shall grant a site disturbance permit to the Permittee. At MSD's discretion, the site disturbance permit may be issued prior to final approval of the remainder of any submitted construction plans considering such factors as weather and optimum construction scheduling.
      3. Significant Revisions to the Detailed EPSC plan. If MSD and interested agency review of the detailed EPSC plan, other construction plans for development, and/or the pre-construction site meeting reveals the need for significant revisions to the detailed EPSC plan, MSD approval shall not be granted. Instead, MSD shall allow the Permittee a reasonable opportunity to revise the plan and re-submit the plan for re-review and final action by MSD. If MSD thereafter approves or conditionally approves the revised plan, MSD shall grant a site disturbance permit to the Permittee. At MSD's discretion, the site disturbance permit may be issued prior to final approval of the remainder of any submitted construction plans considering such factors as weather and optimum construction scheduling.
    6. Effect of Detailed EPSC plan Approval/Site Disturbance Permit Issuance.
      1. Permitted Activities. Upon issuance of the site disturbance permit, site clearing and grading activities in anticipation of construction may commence on the site only after required EPSC measures are installed and appropriate notice is given pursuant to Section 159.02.F.7 below. No work/building permit shall be issued or requested until a site disturbance permit is granted.
      2. Automatic Lapse for Inactivity. If the Permittee does not commence land disturbing, construction or development activity according to the provisions and time frame established or approved in the underlying land use approval, then the approval of the detailed EPSC plan and the site disturbance permit shall automatically lapse and become null and void.
    7. Notification of Construction. Upon receiving detailed plan approval and a site disturbance permit, the permittees for land disturbing activities subject to these Type I review and site disturbance permit requirements shall file a notice of construction with MSD no later than 3 working days prior to construction activity initiation or related (non-exempt) land disturbing activity on a site, whichever occurs first. Prior notice of construction allows MSD to conduct, in a timely manner, any required pre-construction site meetings and to schedule inspections during construction, as necessary. Violation of this provision may result in immediate issuance of a Notice of Violation or a Stop Work Order under Section 159.05 of this Ordinance.
    8. Completion of Construction & Final Inspection Request.
      1. Certification of Completion. Upon completion of site construction and final stabilization, the Permittee shall submit a letter of completion to MSD certifying that construction, including final stabilization, is complete and in accordance with all approved EPSC plans. Temporary EPSC measures may still be in place at the time of certification of completion, depending on the season, provided that adequate surety is given pursuant to Section 159.04.B. below for the maintenance and ultimate removal of such temporary controls at a later date.
      2. Permit Termination.
        1. If at final inspection the site is in compliance with the approved EPSC plan, including final stabilization or adequate surety pursuant to Section 159.04.B, the site disturbance permit shall be terminated.
        2. If at final inspection the site is not in compliance with the approved EPSC plans or this Ordinance, the site disturbance permit shall not be terminated, related performance assurances shall not be released, and the Permittee shall not be permitted to request a certificate of occupancy for the development.
  7. Type II review procedure—issuance of site disturbance permit
    1. Applicability.
      1. Requires Building Permit Only (No Land Use Approval1). Type II review shall be applicable to all land disturbing activities subject to this Ordinance that are associated with the construction of a specific development proposal that does not require land use approval under the Development Code. Type II review shall also be applicable to earth excavation, structure demolition, site clearing, or filling of land (including excavations and earth filling which may be performed without a conditional use permit pursuant to Section 9.6 of the Development Code). For example, a development proposal that is consistent with applicable zoning and that only needs a building permit to proceed to construction shall be subject to a Type II review for purposes of this Ordinance.
    2. Detailed EPSC Plan Submittal and Approval.
      1. Detailed EPSC plan Submittal. Prior to the commencement of any land disturbing activity in anticipation of development or construction, a detailed EPSC plan shall be submitted to MSD concurrent with required construction plans or building permit application.
      2. Pre-Construction Site Meeting. Following detailed EPSC plan submittal, MSD, in consultation with the reviewing agencies, may require a pre-construction site meeting prior to taking final action on the detailed EPSC plan. Alternately, MSD may require a pre-construction site meeting as a condition of detailed EPSC plan approval and postpone such meeting until the notice of construction is received pursuant to Section 159.02.G.4 below. Participants in the pre-construction site meeting shall be as set forth in Section 159.02.F.4.(c) above.
      3. MSD Final Action—General Provisions. MSD shall consider any comments from the public and interested review agencies and shall then take final action on the detailed EPSC plan, either approving, approving with conditions, or denying the detailed EPSC plan.
      4. Minor/No Revisions to the Detailed EPSC plan-Site Disturbance Permit Issuance. After review of the detailed EPSC plan and the pre-construction site meeting (if applicable), if no revisions to the plan or only minor revisions or field adjustments to the plan are necessary for approval, MSD shall take the following actions:
        1. MSD shall approve or conditionally approve the detailed EPSC plan, and
        2. If all other site disturbance related approvals required under federal, state or local law or regulation have been received, MSD shall grant a site disturbance permit to the Permittee. At MSD's discretion, the site disturbance permit may be issued prior to final approval of the remainder of any submitted construction plans considering such factors as weather and optimum construction scheduling.
    3. Significant Revisions to the Detailed EPSC plan. If MSD and interested agency review of the detailed EPSC plan, other construction plans for development, and/or the pre-construction site meeting reveal the need for significant revisions to the detailed EPSC plan, MSD approval shall not be granted. Instead, MSD shall allow the Permittee a reasonable opportunity to revise the plan and re-submit the plan for re-review and final action by MSD. If MSD approves or conditionally approves the revised plan according to provisions of this section, MSD shall grant a site disturbance permit to the Permittee. At MSD's discretion, the site disturbance permit may be issued prior to final approval of the remainder of any submitted construction plans considering such factors as weather and optimum construction scheduling.
    4. Effect of Detailed EPSC plan Approval/Site Disturbance Permit Issuance.
      1. Permitted Activities. Upon issuance of the site disturbance permit, site clearing and grading activities in anticipation of construction may commence on the site only after all required EPSCs are installed and appropriate notice is given pursuant to Section 159.02.G.4 below. No work/building permit shall be issued or requested until site disturbance permit approval is granted.
      2. Automatic Lapse for Inactivity. If the Permittee does not commence land disturbing activity or construction within one (1) year of MSD's approval of the detailed EPSC plan, or within the approved time frame for any related building permit, whichever occurs first, then the approval of the detailed EPSC plan and the site disturbance permit shall automatically lapse and become null and void.
    5. Notification of Construction. Upon receiving detailed plan approval and a site disturbance permit, the permittees for land disturbing activities subject to these Type II review and site disturbance permit requirements shall file a notice of construction with MSD no later than 3 working days prior to construction activity initiation or related (non-exempt) land disturbing activity on a site, whichever occurs first. Prior notice of construction allows MSD to conduct in a timely manner any required pre-construction site meetings pursuant to Section 159.02.G.2. above, and to schedule inspections during construction, as necessary. Violation of this provision may result in immediate issuance of a Notice of Violation or a Stop Work Order under Section 159.05 of this Ordinance.
    6. Completion of Construction & Final Inspection Request. The provisions regarding notification of completion of construction, final inspection, and permit termination set forth in Section 159.02.F.8. above shall apply.
  8. General permits
    1. Purpose and Intent. General permits are intended to streamline the application of this Ordinance to land disturbing activities undertaken by specific public or governmental entities, or utilities which activities typically are repetitive and small-scale. General permits are also intended to simplify application of this Ordinance to land disturbing activities undertaken on individual residential lots within subdivision developments already subject to an approved detailed EPSC plan under this Ordinance
    2. Authorization.
      1. MSD, in consultation with the DPDS and the City of Louisville, shall have the authority to negotiate the terms and conditions of all general permits authorized by this section.
      2. When applicable, a general permit shall incorporate the terms and agreement reached in any Memorandum of Understanding between MSD and individual state agencies or other subdivisions of the Commonwealth of Kentucky.
      3. Notwithstanding the permitted scope of general permits as set forth in Section 159.02.H.3. below, a general permit may include provisions that allow MSD to specify review and approval processes for land disturbing activities undertaken by a general permittee otherwise subject to the terms and conditions of this ordinance.
      4. The MSD Chief Engineer shall have authority to review, amend and approve the terms and conditions of general permits with such approvals or amendments being effective following approval, or at such time specified, by the Chief Engineer.
    3. Scope of Authorized General Permits.
      1. All land disturbing activities covered by an authorized General Permit shall proceed subject to the specific terms and conditions of the General Permit, which terms and conditions shall supersede and control over the administrative and review requirements set forth in this Section 159.02, the EPSC standards and criteria set forth in Section 159.03 below, and the maintenance and performance requirements set forth in Section 159.04 below.

        Notwithstanding this provision, until the specific terms and conditions of the General Permit are approved by the MSD Chief Engineer, the EPSC standards and criteria, the administrative and review requirements, and the maintenance and performance requirements set forth in this Ordinance shall apply to the subject land disturbing activity.
      2. Unless specifically addressed in the General Permit, all other provisions of this ordinance not addressed in Section 159.02.H.3(a) above, including specifically the enforcement and penalties provisions set forth in Section 159.05.F. and Section 159.05.H. of this Ordinance shall apply to all land disturbing activities subject to a General Permit.
    4. Land Disturbing Activities Covered by General Permits.
      1. Land Disturbing Activities Undertaken by Public Utilities. General permits shall be applicable to repetitive land disturbing activities undertaken by utilities, and the private contractors hired by the utility to undertake such work. Such activities may include:
        1. Land disturbing activities associated with routine maintenance and/or repair of water, electric, gas, or communications lines:
        2. Land disturbing activities associated with the placement of underground lines for the distribution or transmission of water, electric energy, gas, or communications services;
        3. Land disturbing activities associated with placement of poles for overhead distribution or transmission of electric energy or of communications services;
        4. Land disturbing activities associated with small trench work and service hook-ups to individual residences and buildings.

          The general permit shall contain, among other things, standard EPSC practices for utilities' land disturbing activities, which should include, but not be limited to, provisions that address:
          1. Protection of stockpiled areas;
          2. Protection along trenches (including perimeter controls during line installation and interior controls after backfilling);
          3. Phasing and scheduling;
          4. Stream crossing details; and
          5. Final stabilization provisions.

          The general permit may have one set of EPSC provisions geared to utility installations connected with private development activity such as subdivisions, and a second set of provisions geared to a utility's general maintenance/repair activities or its own initiated construction projects.
      2. Single-Lot Residential Construction or Demolition. A General Permit shall be applicable to all land disturbing activities associated with the construction or demolition of residential principal and accessory structures on individual lots. The General Permit shall allow such construction to proceed, subject to the following:
        1. Exceptions. The following single-lot residential construction shall be excluded from the terms of this General Permit, and shall instead be subject to an individual review by MSD.
          1. Individual residential building lots of record that were identified ("red flagged") on the approved subdivision preliminary plan or record plat for additional restrictions or scrutiny prior to construction.
        2. Jefferson County, in consultation with MSD and the City of Louisville, shall adopt administrative rules and procedures to implement this General Permit, including but not limited to instituting a means to identify qualifying general permittees at the time of building permit issuance.
        3. The General Permit shall contain standard EPSC practices for the covered land disturbing activities, which should include, but not be limited to, provisions that address:

          Perimeter controls;
          Temporary construction access;
          Protection and proper placement of stockpiled materials;
          Protection around existing drainage structures;
          Prevention of tracking soil, mud and debris onto public rights-of-ways;
          Maintenance of EPSC measures;
          Final stabilization; and
          Removal of EPSC measures following final stabilization
          Inspection and record-keeping requirements
  9. Appeals from action on detailed EPSC plans
    1. Any person or entity claiming to be aggrieved by a final action of MSD on a detailed EPSC plan may appeal such action to the MSD Board. Such appeals shall be taken within thirty (30) days of the final action taken by MSD in Section 159.02.F.5 for type I reviews, or within thirty (30) days of the final action taken by MSD in Section 159.02.G.2.(e) for Type II reviews, by filing with the secretary of the MSD Board a notice of appeal specifying the grounds thereof. Any final action not appealed within thirty (30) days of such action shall be considered final and unappealable.
    2. Appeals from action of the MSD Board on detailed EPSC plans shall be taken to a Kentucky court of competent jurisdiction pursuant to applicable Kentucky statutes.