102.01 Purpose and Intent
| 102.14 Maintenance Covenant for Storm Water Control Features |
102.02 Definitions
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102.03 Construction Site Grading Activities
| 102.15 Responsibility
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102.04 Requirement to Obtain Approval of General Permit #2 and Storm Water Pollution Prevention Plan | 102.16 Right of Inspection on Public and Private Property |
102.17 Granting A Variance
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102.18 Proof of Compliance for Grading Activity | |
102.05 SWPPP – Content
| 102.19 Enforcement – Notice Of Violation |
102.06 SWPPP Review Procedure | 102.20 Appeal Of Notice Of Violation |
102.07 Extension of Time to Complete Work | 102.21 Enforcement Measures After Appeal |
102.08 Failure to Complete Work
| 102.22 Cost Of Abatement Of The Violation |
102.09 Modifications to Approved General Permit #2 and Storm Water Pollution Prevention Plan | 102.23 Injunctive Relief |
102.24 Compensatory Action | |
102.10 Certification of Completion
| 102.25 Violations Deemed A Public Nuisance |
102.11 Responsibility of New Owner
| 102.26 Municipal Infraction |
102.12 Requirement to Provide On-Site Storm Water Detention | 102.27 Remedies Not Exclusive |
102.28 Compatibility with Other Requirements | |
102.13 Activities Exempt from General Permit #2 and SWPPP Review | 102.29 Ultimate Responsibility |
The purpose of this chapter is to provide for the health, safety, and general welfare of the citizens of the City through the regulation of non-storm-water discharges to the Municipal Separate Storm Sewer System (MS4), to the maximum extent practicable, as required by federal and State law. This chapter establishes methods for controlling the introduction of soil and construction debris into the MS4 in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) Phase II permit and the Federal Clean Water Act. The objectives of this chapter relating to construction site erosion and sediment control (during new construction) are to:
1. Retain soil on residential, commercial, industrial, recreational, and roadway construction sites. Soil erosion from these sites can result in a change in the natural cover, topography, or drainage from the land, and can significantly interfere with existing drainage courses established.
2. Reduce erosion from construction sites that may cause obstructions on roadways, restrict storm sewer capacity, create silt in road ditches, increase road and storm sewer maintenance costs, cause dust and mud on streets and sidewalks, leave deposits of silt in creeks and streams, and increase the potential for flooding.
3. Reduce the occurrence of soil erosion and sedimentation that result in damage caused by the change in a course as a result of nonagricultural earth-moving activities.
4. Require the issuance of a General Permit #2 and approval of a Storm Water Pollution Prevention Plan (SWPPP) prior to the occurrence of any grading activity on a new construction site as required by the City.
5. Establish legal authority to conduct review of a permit application and inspection of construction site to ensure compliance with this chapter.
6. Investigate, eliminate, and enforce, to the maximum extent practicable, the contribution of soil erosion and construction debris to the MS4 by storm water discharges from new construction sites during storm water events.
During grading operations, the contractor/owner shall be responsible for the following:
1. The prevention of damage to public utilities or services within the limits of grading operations and along routes of travel of construction equipment.
2. The prevention of damage of adjacent property.
3. Carrying out proposed work so as not to grade on land so close to the property line as to endanger an adjoining public street, sidewalk, alley, or any other public or private property without supporting and protecting such property from settling, cracking, or other resulting damage.
4. Carrying out the proposed work in accordance with the approved plan and in compliance with the requirements of this chapter.
5. Prompt removal of excessive soil, miscellaneous debris, or other materials applied, dumped, or otherwise deposited on public streets, highways, sidewalks, or other public thoroughfares during transit to and from the construction site.
6. Completion of the grading operation and the erosion control measures within the approved time schedule.
7. Conduct any grading in such a manner as to effectively reduce accelerated soil erosion and resulting sedimentation from the site.
8. Implement and maintain acceptable soil erosion and sediment control measures throughout construction.
9. Design, construct, and complete grading in such manner that the exposed area of any disturbed land shall remain exposed for the shortest possible period of time.
10. Obtaining a General Permit #2 from the Iowa Department of Natural Resources and developing a Storm Water Pollution Prevention Plan (SWPPP) for the site prior to conducting any grading activity, whether temporary or permanent.
11. Maintaining a copy of Permit #2 and SWPPP on the premises at all times. Such permit and SWPPP shall be available for inspection by the City Engineer.
(Section 102.03 – Ord. 16-2023 – Dec. 23 Supp.)
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