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(A) The United States EPA’s national pollutant discharge elimination system (NPDES) permit program administered by the State Department of Natural Resources (IDNR) requires that cities meeting certain demographic and environmental impact criteria obtain from the IDNR an NPDES permit for the discharge of stormwater from a municipal separate storm sewer system (MS4) (MS4 permit). The city is subject to the program and is required to obtain, and has obtained, an MS4 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.
(B) The program requires certain individuals engaged in construction activities (applicant or applicants) to submit an application to the IDNR for a state NPDES general permit #2. Notwithstanding any provision of this chapter, every applicant bears final and complete responsibility for compliance with a state NPDES general permit #2 and any other requirement of state or federal law or administrative rule.
(C) As a condition of the city’s MS4 permit, the city will perform periodic monitoring and primary enforcement of the program by adopting a construction site erosion and sediment control ordinance (COSESCO) designed to achieve the following objectives:
(1) Any person, firm, sole proprietorship, partnership, corporation, state agency or political subdivision (“applicant”) required by law or administrative rule to apply to the:
(a) IDNR for a state NPDES general permit #2 shall be subject to the terms of the COSESCO; and
(b) The city for a building permit for new construction and/or a commercial addition shall be subject to the terms of the COSESCO.
(2) The city will perform periodic monitoring and initiate enforcement procedures when appropriate to promote applicants’ compliance with city ordinances and state and federal laws regulating stormwater.
(D) No state or federal funds have been made available to assist the city with monitoring and/or enforcing the program. Accordingly, the city shall fund its monitoring and enforcement responsibilities entirely by fees imposed on the owners of properties or applicants of permits 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.
(E) Terms used in this chapter shall have the meanings specified in the program.
(Ord. 2010-04, passed 2-26-2010)