8-4A-25: SEVERABILITY:

The provisions of this article are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this article or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or applications of this article. (Ord. 4762, 3-14-2005)

8-4A-26: ULTIMATE RESPONSIBILITY:

The standards set forth herein and promulgated pursuant to this article are minimum standards; therefore, this article does not intend nor imply that compliance by any person shall ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants into the MS4, waters of the state, or waters of the United States. (Ord. 4762, 3-14-2005)

ARTICLE B. CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL

SECTION:

8-4B-1: Findings

8-4B-2: Definitions

8-4B-3: Submission And Approval Of Stormwater Pollution Prevention Plan And Other Documents

8-4B-4: Transfer And Termination Of State NPDES General Permits And Stormwater Pollution Prevention Plan Obligations

8-4B-5: Inspection Procedures

8-4B-6: Monitoring Procedures

8-4B-7: Construction Site Runoff (CSR) Permits

8-4B-8: Enforcement

8-4B-9: Appeal

8-4B-10: Severability

8-4B-1: FINDINGS:

   A.   The U.S. EPA's national pollutant discharge elimination system ("NPDES") permit program ("program") administered by the Iowa department of natural resources ("IDNR") requires certain persons engaged in construction activities to submit an application to the IDNR for a state NPDES general permit no. 2 ("state permit"). Notwithstanding any provision of this chapter, every permit applicant bears final and complete responsibility for compliance with a state permit and any other requirement of state or federal law or administrative rule.

   B.   As a condition of the city's municipal separate storm sewer system (MS4) permit, the city is obliged to undertake primary supervisory responsibility for administration and enforcement of the program by adopting a construction site erosion and sediment control ordinance. In furtherance of this objective:

      1.   Any person, firm, sole proprietorship, partnership, corporation, state agency or political subdivision (each an "applicant") required by law or administrative rule to apply to the IDNR for a state permit shall apply for such permit and shall submit a stormwater pollution prevention plan ("SWPPP") to the city engineer for approval. For purposes of this article, an applicant includes, but is not limited to, a secondary applicant, and each secondary applicant is subject to all provisions of this article that are applicable to an applicant unless otherwise expressly stated. The applicant shall not submit the notice of intent for said state permit until the city engineer has reviewed the SWPPP for completeness and for compliance with the state permit and city requirements.

      2.   The applicant shall have primary responsibility for the SWPPP design, inspection, monitoring and enforcement procedures required to promote applicant's compliance with the state permit for said site, but other persons may perform the SWPPP design, installation, inspection, and monitoring under the oversight of the applicant.

      3.   A state permit and SWPPP are not required for construction sites with an area of disturbed land that is less than one acre, provided such land is not part of a larger common plan of development. However, it is recommended that the owner implement erosion control measures as described in the brochure "City Of Waterloo Best Management Practices For Single Lots", available upon request at the city engineer's office and the city building department. Notwithstanding the foregoing, the city desires to provide limited stormwater oversight of all construction sites and for such purposes a local construction site runoff permit shall be required for stormwater discharges from all construction sites as identified in subsection 8-4B-7A of this article, even if otherwise exempted from state permit and SWPPP requirements.

   C.   No state or federal funds have been made available to assist the city in administering and enforcing the program. Accordingly, the city may choose to fund its application, inspection, monitoring and enforcement responsibilities in whole or in part by fees imposed on applicants for permits that may be required hereunder, with such fees to be determined from time to time by resolution of the city council, and/or other sources of funding established by a separate ordinance. (Ord. 5218, 5-19-2014)

8-4B-2: DEFINITIONS:

   A.   Terms or acronyms used in this article shall, unless defined in this article, have the meanings given to them in section 8-4-1 of this chapter.

APPLICANT: Also includes any person that has had a state permit issued to it, including, but not limited to, a secondary applicant.

APPLICANT'S ENGINEER: A licensed professional engineer, registered architect, registered landscape architect, licensed professional land surveyor, construction contractor, or any other person as expressly and specifically approved by the city engineer who is deemed qualified to prepare an SWPPP in accordance with good engineering practices.

CSR PERMIT: A permit issued by the city engineer as provided in section 8-4B-7 of this article for all construction sites from which a discharge of stormwater is possible.

CITY ENGINEER: Includes any other representative of the city engineer's office that is designated by the city engineer to act in the place and with the authority of the city engineer. As so defined, the city engineer is also referred to in this article as the "enforcement officer".

SWPPP MANAGER: A person qualified by sufficient knowledge of SWPPP design and implementation and of applicable regulations to perform the inspection, monitoring, enforcement and reporting necessary to comply with the state permit, SWPPP requirements and city regulations as applicable. The SWPPP manager, unless otherwise specified in writing by the applicant, shall serve as the point of contact for the city engineer for all matters pertaining to SWPPP compliance for the site.

SECONDARY APPLICANT: Any applicant that is the transferee of responsibility under the state permit and an SWPPP with respect to a single lot that was, as to any predecessor applicant, part of a larger common plan of housing development.

STATE PERMIT: A state NPDES general permit no. 2 issued by IDNR. (Ord. 5218, 5-19-2014)