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 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 permit 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 chapter, 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.
(Ord. 15-07 - Nov. 15 Supp.)
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.