(A) It is unlawful to initiate any land development activity, land-disturbing activity or other activities which may result in an increase in storm water quantities, degradation of storm water quality, or restriction of flow in any storm sewer system, open ditch or natural channel, storm water easement, waterbody or wetland outlet within the jurisdiction of the city, without having first complied with the terms of this subchapter. Other activities include those outlined herein.
(1) Permit. All persons subject to meeting the requirements and needing to obtain a NPDES permit shall apply for coverage and file a copy with the City Engineer. The permit will be accompanied by a storm water management plan as prescribed under §§ 152.29 and 152.30 of this chapter, if such a plan has not been previously approved. Permit applications may be denied if the applicant is not in compliance with the NPDES permit currently in effect. Commencing earthwork on a project prior to plan or permit approval is considered a violation of this subchapter.
(2) Permit delays. The City Engineer may withhold granting approval of a permit until all issues associated with the site are resolved to the satisfaction of the City Engineer. Permits may be conditioned with delays such that work cannot begin until a specified date or until after the site is inspected.
(3) Permit amendments. NPDES permits may be amended (by applicant) only by a written request submitted by the permittee to the state. This request shall contain the reason for the change and documentation related to any additional impacts, which may result from amendment approval. A copy of the request will be submitted to the City Engineer within seven days of the submittal to the state. The state- approved amended permit will also be submitted to the City Engineer within seven days of receipt.
(4) Permit transfer. A NPDES permit runs with the property it covers, until the permitted activities are completed, and is transferable to new landowners in its entirety or by parcel, with each parcel being subject to the permit and any conditions, which apply to that parcel. Land transfers must be reported to the City Engineer prior to issuing of permits.
(5) Inspection. The City Engineer may inspect the storm water management system of any permittee to determine compliance with the requirements of this subchapter. The applicant shall promptly allow the city and its authorized representatives, upon presentation of credentials to:
(a) Enter upon the permitted site for the purpose of obtaining information, examination of records, conducting investigations, inspections or surveys;
(b) Bring the equipment upon the permitted site as is necessary to conduct such inspections, surveys and investigations;
(c) Examine and copy any books, papers, records or memoranda pertaining to activities or records required to be kept under the terms and conditions of this permitted site;
(d) Inspect the storm water pollution control measures; and
(e) Sample and monitor any items or activities pertaining to storm water pollution control measures.
(B) Any applicant or permittee shall provide safe and easy access for inspections.
(2002 Code, § 3.94) (Ord. 109, Sixth Series, effective 6-25-2009; Ord. 24, Seventh Series, effective 5-23-2015)
Cross-reference:
Enforcement, see § 10.20