A. Purpose And Intent:
1. The national pollutant discharge elimination system (NPDES) permit program administered by the Iowa department of natural resources (IDNR) requires that agencies meeting certain demographic and environmental impact criteria obtain from the IDNR an NPDES permit for the discharge of storm water from a municipal separate storm sewer system (MS4). The city of Iowa City has been issued such a permit. The city's MS4 permit is on file at the office of the city clerk and is available for public inspection during regular office hours.
2. The NPDES program requires certain individuals engaged in earth disturbing activities related to construction on one acre of land or more to submit an application to the IDNR for an NPDES general permit #2. The NPDES program and the city's MS4 require the city to adopt an ordinance requiring proper soil erosion and sediment control on all sites less than one acre if the earth disturbing activities are part of a larger common plan of development that would disturb one acre or more. Notwithstanding any provision of this section, every applicant bears final and complete responsibility for compliance with a state NPDES general permit #2, a city construction site runoff (CSR) permit, and any other requirement of state or federal law or administrative rule.
3. As a condition of the city's MS4 permit, the city is obliged to undertake primary responsibility for administration and enforcement of the NPDES program by adopting a construction site runoff control ordinance designed to achieve the following objectives:
a. Any person, firm, sole proprietorship, partnership, corporation, state agency or political subdivision (applicant) required by law or administrative rule to apply to the IDNR for an NPDES general permit #2 shall also be required to obtain from the city a permit in addition to and not in lieu of the NPDES general permit #2; and
b. The city shall have primary responsibility for inspection, monitoring and enforcement procedures to promote applicants' compliance with state NPDES general permits #2 and CSR permits.
4. No state or federal funds have been made available to assist the city in administering and enforcing the NPDES program. The city shall fund its application, inspection, monitoring and enforcement responsibilities entirely by fees imposed on the owners of properties which are made subject to the program by virtue of state and federal law, and/or other sources of funding established by a separate ordinance.
B. Applicability:
1. All persons required by law or administrative rule to obtain an NPDES general permit #2 from the IDNR, and persons who will be conducting any earth disturbing activity on a site less than one acre in size if the earth disturbing activities are part of a larger common plan of development that would disturb one acre or more, are required to obtain a CSR permit. "Earth disturbing activity" means any activity that results in a movement of earth or a change in the existing soil cover (both vegetative and nonvegetative) or the existing topography. Earth disturbing activity includes, but is not limited to, clearing, grading, filling, excavation or addition or replacement of impervious surface.
2. Applications for CSR permits shall be made on forms approved by the city which may be obtained from the city.
3. An applicant for a CSR permit shall pay fees as follows:
a. Prior to the issuance of a CSR permit in connection with a building permit on a platted lot, the applicant shall submit an application permit fee to the housing and inspection services department in an amount established by resolution of the city council. If more than three (3) inspections are required by the terms of this section with respect to said permit, the applicant shall bear the cost of such inspections, which shall be the actual cost of the inspections by the city.
b. There shall be no permit fee required prior to the issuance of CSR permits other than those issued in connection with building permits on platted lots, but the applicant shall bear the cost of reviews and inspections required by the terms of this section with respect to said permits, which shall be the actual cost of the reviews and inspections by the city.
4. An applicant in possession of an NPDES general permit #2 issued by the IDNR shall immediately submit to the city full copies of the materials described below as a basis for the city to determine whether to issue a CSR permit:
a. Applicant's NPDES general permit #2 notice of intent (NOI); and
b. Applicant's plans, specifications and materials in support of applicant's application for the NPDES general permit #2; and
c. A storm water pollution prevention plan (SWPPP) prepared in accordance with this section.
5. Every SWPPP submitted to the city in support of an application for a CSR permit shall:
a. Comply with all current minimum mandatory requirements for SWPPPs promulgated by the IDNR in connection with issuance of an NPDES general permit #2; and
b. Comply with all mandatory minimum requirements pertaining to the joint application form, "Protecting Iowa Waters", filed with the IDNR and U.S. army corps of engineers; and
c. Comply with all other applicable local, state or federal permit requirements in existence at the time of application; and
d. Include within the SWPPP a signed and dated certification by the person preparing the SWPPP that the SWPPP complies with all requirements of this section.
6. Every SWPPP submitted to the city in support of an application for a CSR permit shall contain the provisions of the general permit #2, plus the following additional provisions:
a. All SWPPPs shall comply with Iowa statewide urban design and specifications (SUDAS) standard design criteria as amended; and
b. Address that stockpiles of soil or other materials subject to erosion by wind or water are covered, vegetated, or otherwise effectively protected from erosion and sedimentation in accordance with the amount of time the material will be on site and the manner of its proposed use; no stockpiling is allowed in the street; and
c. Assure that all temporary erosion and sediment controls shall be maintained until the city has determined that the site has been permanently stabilized; and
d. Limit potential for damage to sensitive environmental areas such as water bodies, plant communities, rare, threatened and/or endangered species habitat, wildlife corridors, greenways, etc.; and
e. Provide for design and construction methods to stabilize steep or long continuous slopes; and
f. Include measures to control sediment, and the quantity and quality of storm water, leaving a site during and after construction; and
g. Provide for stabilization of waterways and outlets directly impacted by permitted construction; and
h. Protect storm sewer inlets and infrastructure from sediment loading/plugging; and
i. Specify precautions to be taken to contain sediment when working in or crossing water bodies; and
j. Account for stabilization of disturbed areas, including utility construction areas, as soon as possible; and
k. Protect adjacent and outlying roads from sediment and mud from construction site activities, including tracking; and
l. Provide for disposal of collected sediment and floating debris.
7. Issuance by the city of a CSR permit shall be a condition precedent for the issuance of a city building permit or site plan approval.
8. For so long as a construction site is subject to an NPDES general permit #2 or a CSR permit, the applicant shall provide the city with current information as follows:
a. The name, address and telephone number of the person on site designated by the owner who is knowledgeable and experienced in erosion and sediment control and who will oversee compliance with the NPDES general permit #2 and the CSR permit;
b. The name(s), address(es) and telephone number(s) of the contractor(s) and/or subcontractor(s) that will implement each erosion and sediment control measure identified in the SWPPP.
c. An on site location for storage and retrieval of the current SWPPP.
d. Applicant's failure to provide current information shall constitute a violation of this section.
9. If the applicant for the NPDES general permit #2 and the CSR permit is not the same individual as the owner/builder on the site, then the applicant has the option to include the owner/builder as a copermittee. Copermittees have the same obligations and responsibilities as the original applicant. Absent written confirmation of transfer of responsibility signed by both the parties and provided to the city at the office of the enforcement official, the original applicant remains obligated and responsible for permit compliance on any parcel of the site, whether the parcel has been sold or not.
10. Upon receipt of an application for a CSR permit, the city shall either find that the application complies with this section and issue a CSR permit in accordance with this section, or that the application fails to comply with this section, in which case the city shall provide a written report identifying noncompliant elements of the application.
C. Inspection:
1. All inspections required under this section shall be conducted by a designated person from the city, hereinafter referred to as the "enforcement officer".
2. The applicant shall notify the city when all measures required by applicant's SWPPP have been accomplished on site, whereupon the city shall conduct an inspection for the purpose of determining compliance with this section, and shall within a reasonable time thereafter report to the applicant either that compliance appears to have been achieved, or that compliance has not been achieved, in which case the city shall provide a written report identifying the conditions of noncompliance. The applicant shall immediately commence corrective action and shall complete such corrective action within a time frame deemed reasonable by the city. Failure to take corrective action in a timely manner shall constitute a violation of this section.
3. Unless otherwise approved by the city, construction shall not occur on the site at any time when the city has identified conditions of noncompliance.
4. Unless approved by the city, construction activities undertaken by an applicant prior to resolution of all discrepancies specified in the written report shall constitute a violation of this section.
5. The city shall not be responsible for the direct or indirect consequences to the applicant or to third parties for noncompliant conditions undetected by inspection.
D. Monitoring:
1. Upon issuance of a CSR permit, the applicant has an absolute duty to monitor site conditions and to report to the enforcement officer any change of circumstances or site conditions which the applicant knows or should know pose a risk of storm water discharge in a manner inconsistent with applicant's SWPPP, NPDES general permit #2 and/or CSR permit.
2. Such report shall be made by the applicant to the enforcement officer immediately upon knowledge of site condition changes, but in any event within twenty four (24) hours of the change of circumstances or site conditions.
3. Failure to make a timely report shall constitute a violation of this section.
4. Any third party may also report to the city site conditions which the third party reasonably believes pose a risk of stormwater discharge in a manner inconsistent with applicant's SWPPP, NPDES general permit #2 and/or CSR permit.
5. Upon receiving a report pursuant to the previous subsections of this section, the enforcement officer shall conduct an inspection of the site as soon as reasonably possible and thereafter may issue a written stop work order to the applicant, directing the applicant to take no further action with respect to the SWPPP, NPDES general permit #2 and/or CSR permit, other than corrective action provided for hereinafter. The enforcement officer shall provide the applicant with a written report identifying the conditions of noncompliance. The applicant shall immediately commence corrective action and shall complete such corrective action within a time frame deemed reasonable by the city. Failure to take corrective action in a timely manner shall constitute a violation of this section, whereupon the enforcement officer shall immediately commence enforcement actions specified in subsection E of this section.
6. The enforcement officer shall conduct at least one unannounced inspection during the course of construction to monitor compliance with the NPDES general permit #2 and the CSR permit. If the inspection discloses any noncompliance, the enforcement officer shall provide the applicant with a written report identifying the conditions of noncompliance. The applicant shall immediately commence corrective action and shall complete such corrective action within a time frame deemed reasonable by the city. Failure to take corrective action in a timely manner shall constitute a violation of this section, whereupon the enforcement officer shall immediately commence enforcement actions specified in subsection E of this section.
7. The city shall not be responsible for the direct or indirect consequences to the applicant or to third parties for noncompliant conditions undetected by inspection.
E. Enforcement:
1. Violation of any provision of this section may be enforced by civil action including an action for injunctive relief. (Ord. 06-4202, 4-4-2006)
2. Violation of any provision of this section may also be enforced as a municipal infraction or environmental infraction within the meaning of section 364.22, pursuant to the city's municipal infraction ordinance. A municipal infraction shall be punishable by a penalty as provided for in subsection 1-4-2D of this code. (Ord. 10-4419, 12-7-2010)
F. Appeals:
1. Administrative decisions by city staff and enforcement actions of the enforcement officer may be appealed by the applicant to the board of appeals pursuant to the procedure set forth in chapter 12 of this title. (Ord. 06-4202, 4-4-2006)