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A. The city engineer may adopt requirements identifying best management practices (BMPs) for any activity, operation, or facility that may cause or contribute to pollution or contamination of storm water runoff in the MS4. Notwithstanding the preceding sentence, the requirements of this section shall not apply to any activity, operation, or facility that is subject to an NPDES permit that governs the storm water runoff or discharges of such activity, operation, or facility, except as may be necessary for the owner or operator to comply with requirements of the applicable NPDES permit.
B. The owner or operator of a nonresidential establishment shall provide, at his own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 or watercourses through the use of structural and nonstructural BMPs.
C. Any person responsible for a property or premises which is, or may be, the source of an illicit discharge may be required to implement, at said person's expense, additional structural and nonstructural BMPs to prevent the further discharge of pollutants to the MS4. Compliance, to the maximum extent practicable, with all terms and conditions of a valid NPDES permit authorizing the discharge of storm water associated with any activity, operation, or facility shall be deemed in compliance with the provisions of this section. Structural and nonstructural BMPs shall be part of a storm water pollution prevention plan (SWPPP) as necessary for compliance with requirements of an applicable NPDES permit. (Ord. 4762, 3-14-2005)
A. The city engineer may, without prior notice, suspend MS4 discharge rights to a person when such suspension is necessary to stop actual or threatened discharge that presents, or may present, imminent and substantial danger to the environment, health or welfare of persons, or to the MS4. If the violator fails to comply with a suspension order issued in an emergency, the city engineer may take such steps as are, in the discretion of the city engineer, deemed necessary to prevent or minimize damage to the MS4, or to minimize danger to persons.
B. A person violates this article if the person reinstates MS4 discharge to a premises terminated pursuant to this article, without the prior written approval of the city engineer. (Ord. 4762, 3-14-2005)
A. Any person discharging to the MS4 in violation of this article may have his MS4 discharge rights terminated if such termination would abate or reduce an illicit discharge. The city engineer shall notify a violator of the proposed termination of his MS4 discharge rights no less than thirty (30) days before the date of proposed termination. The violator may petition the city engineer for a reconsideration and hearing.
B. A person violates this article if the person reinstates MS4 discharge to a premises terminated pursuant to this article, without the prior written approval of the city engineer. (Ord. 4762, 3-14-2005)
A. The city engineer, bearing proper credentials and identification, may enter and inspect properties within the city if there is reasonable cause to believe that an illicit discharge to the MS4 is occurring. These inspections may include investigations, monitoring, observation, measurement, enforcement, sampling, and testing, to determine if suspected discharge is in fact illicit.
B. The city engineer shall duly notify the owner of said property, or the representative of the owner or other responsible person on site, of the inspection. The inspection shall be conducted at reasonable times during the course of the business day.
C. In the event the city engineer reasonably believes that discharges from the property into the MS4 may cause an imminent and substantial threat to human health or the environment, the inspection may take place without notice to the owner of the property or a representative on site. The inspector shall present proper credentials upon reasonable request by the owner or the owner's representative when contacted.
D. Upon refusal by any property owner to permit an inspector to enter a site or continue an inspection, the inspector shall terminate the inspection or confine the inspection to areas to which no objection is raised. The inspector shall immediately report the refusal, and the grounds of the refusal, to the city engineer. The city engineer may seek appropriate compulsory process.
E. The city engineer shall have the right to place devices on the property necessary, in the discretion of the city engineer, to conduct monitoring and/or sampling of discharges. (Ord. 4762, 3-14-2005)
Notwithstanding any other requirements of law, as soon as any person responsible for an activity, operation, or facility, or responsible for emergency response for an activity, operation, or facility, has information of any known or suspected release of materials which are resulting or may result in illicit discharges or pollutants discharging into storm water, the storm water drainage system, waters of the state, or waters of the United States from said activity, operation, or facility, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous material, said person shall immediately notify emergency response officials of the occurrence via emergency dispatch services (911). In the event of a release of nonhazardous materials, said person shall notify the city engineer in person or by phone or facsimile no later than five o'clock (5:00) P.M. the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the city engineer within three (3) business days of the telephonic notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator shall also retain an on site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three (3) years. (Ord. 4762, 3-14-2005)
When the city engineer finds that a person has violated a prohibition or failed to meet a requirement of this article, the city engineer shall notify the property owner or other responsible person in writing. This written notice may be delivered by ordinary mail to the property owner or other responsible person at its last known address. Such notice shall include:
A. Name of the property owner;
B. Date and the location of the violation;
C. Description of the violation;
D. Actions that must be taken by the property owner to remedy the violation, including, but not limited to, the elimination of illicit discharges and connections, the performance of monitoring, analyses, and reporting, and the implementation of source control or treatment BMPs;
E. Deadline by which the required actions must be completed;
F. Notice date;
G. Restoration procedures to property, if any; and
H. Amount of administrative and remediation fines, fees, or costs, if any. The notice shall also advise that, if the violator fails to take required remedial action within the stated deadline, the work may be done by a designated governmental agency or a private contractor, in either case, at the sole expense of the violator. (Ord. 4762, 3-14-2005)
Any person receiving a notice of violation may appeal the determination of the city engineer. The notice of appeal must be received within fourteen (14) days from the date of the notice of violation. Hearing on the appeal before the city council, or other designated committee, shall take place within fourteen (14) days from the date of receipt of the notice of appeal. The decision of the city council shall be considered final. (Ord. 4762, 3-14-2005)
If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within fourteen (14) days of the decision of the city council upholding the decision of the city engineer, the city engineer shall enter upon the subject property and take measures necessary to abate the violation and/or restore the property to an acceptable condition. It shall be unlawful for any person to refuse to allow the city, or the city's designated contractor, to enter upon the premises for the purposes set forth above. (Ord. 4762, 3-14-2005)
After abatement of the violation, the owner of the property shall be notified of the cost of abatement, including administrative costs. The property owner may, within thirty (30) days following notice of abatement costs, file a written protest objecting to the amount of the assessment. If the amount due is not paid within a timely manner as determined by the city engineer, the assessment shall constitute a lien on the property pursuant to Iowa Code section 384.84. Any abatement costs not paid in full within thirty (30) days of final determination shall bear interest at the rate of ten percent (10%) per annum until paid in full. (Ord. 4762, 3-14-2005)
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