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This article is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. Where this article and another ordinance, easement, covenant or deed restriction conflict or overlap in jurisdiction, whichever regulation imposes the greater restriction shall be enforced. (Ord. 4762, 3-14-2005)
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)
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
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)
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)
A. No person shall begin work on any site that is subject to a state permit until the city engineer has approved the SWPPP and the applicant is in possession of a state permit authorization letter.
B. An applicant shall submit to the city complete copies of the materials described below:
1. All plans, specifications, calculations, and supporting materials utilized to develop the applicant's SWPPP;
2. The notice of intent and the state permit letter of authorization. The applicant may elect to submit its SWPPP and supporting documentation for review prior to receipt of the IDNR letter of authorization, however, final approval of the SWPPP cannot be granted by the city engineer until the letter of authorization is received; and
3. The SWPPP shall be prepared in accordance with this chapter. Every SWPPP submitted to the city:
a. Shall comply with all current minimum mandatory requirements for SWPPPs promulgated by the IDNR in connection with issuance of a state permit, as set out in the current version of the IDNR publication entitled, "Iowa Department Of Natural Resources NPDES General Permit No. 2, Storm Water Discharge Associated With Industrial Activity For Construction Activities" (the "permit handbook"), including, but not limited to, "Part IV. Storm Water Pollution Prevention Plans", and as said minimum mandatory requirements are modified from time to time hereafter; and
b. Shall, if the applicant is required by law to file a joint application form, "protecting Iowa waters, Iowa department of natural resources and U.S. army corps of engineers", comply with all mandatory minimum requirements pertaining to such joint application, and copies of the joint application permit shall be included within the SWPPP; and
c. Shall comply with all other applicable state or federal permit requirements in existence at the time of application; and
d. Shall be prepared by the applicant's engineer and shall include within the SWPPP a signed and dated certification by the applicant's engineer that the SWPPP complies with all requirements of this chapter.
e. Shall require the signature(s) identified in subsection 8-4B-1B1 of this article upon the following certification:
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
f. Shall also contain the following certification signed by all contractors and subcontractors identified in the SWPPP:
I certify under penalty of law that I understand the terms and conditions of the general National Pollutant Discharge Elimination System (NPDES) permit that authorizes the storm water discharges associated with activity from the construction site as part of this certification. Further, by my signature, I understand that I am becoming a co- permittee, along with the owner(s) and other contractors and subcontractors signing such certifications, to the Iowa Department of Natural Resources NPDES General Permit No. 2 for "Storm Water Discharge Associated with Industrial Activity for Construction Activities" at the identified site. As a co-permittee, I understand that I, and my company, are legally required under the Clean Water Act and the Code of Iowa, to ensure compliance with the terms and conditions of the storm water pollution plan developed under this NPDES permit and the terms of the NPDES permit.
The certification must include the name and title of the person providing the signature; the name, address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification is made.
g. Shall include the applicant's signed written statement required by subsection B3f of this section.
C. A secondary applicant shall submit to the city complete copies of the materials described below:
1. The document by which the predecessor applicant transferred compliance responsibility under the state permit.
2. All information or documents required by the CSR permit application form as provided in subsection 8-4B-7A of this article.
D. In addition to the SWPPP requirements stated in subsections B and C of this section which constitute minimum mandatory requirements imposed by the program, every SWPPP submitted to the city shall comply with statewide urban design and specifications (SUDAS) standard design criteria, the "Iowa Construction Site Erosion Control Manual", or other standards approved by the city engineer, as such manual, SUDAS, and other standards may be revised or amended from time to time, including, but not limited to, design, location, and phased implementation of effective, practicable stormwater pollution prevention measures, and shall also:
1. Identify the nature of the construction activity and the potential for sediment and other pollutant discharges from the site; and
2. Assure that stockpiles of soil or other materials subject to erosion by wind or water are covered, vegetated, or otherwise effectively protected from erosion and sedimentation in accordance with the amount of time the material will be on site and the manner of its proposed use; no overnight stockpiling is allowed in the street unless approved in advance by the city engineer, and subject to such conditions for approval as may be stated by the city engineer; and
3. Assure that, until work on the site has been completed, all construction waste materials (including, but not limited to, all scrap and debris) shall be disposed of at the end of each working day in a dumpster of appropriate size and shall not be stockpiled on the site unless in a covered and enclosed structure or trailer; that dumpsters on site are inspected periodically for leaks and promptly repaired or replaced if found to be leaking; and that dumpsters are emptied by regular waste collection methods before dumpsters overflow; and
4. Identify measures and procedures to reasonably minimize site soil compaction and provide soil quality restoration as specified and estimated runoff coefficient after the project is complete; and
5. Assure disposal of all collected sediment and floating debris; and
6. Identify methods to prevent sediment damage to adjacent properties and sensitive environmental areas such as water bodies, plant communities, rare, threatened and/or endangered species habitat, wildlife corridors, greenways, etc.; and
7. Provide for design and construction methods to stabilize steep or long continuous slopes; and
8. Include measures to control the quantity and quality of stormwater leaving a site before, during and after construction; and
9. Provide for stabilization of all waterways and outlets; and
10. Protect storm sewer infrastructure from sediment loading and/or plugging; and
11. Assure stabilization of disturbed areas, including utility construction areas, as soon as possible and in no event later than the time frames established by the current state permit; and
12. Protect outlying roads from sediment and mud from construction site activities, including preventing tracking; and
13. Assure that all temporary erosion and sediment controls shall not be removed until the city has determined that the site has been permanently stabilized in compliance with the state permit or IDNR notice of discontinuation; and
14. Specify precautions to be taken to contain sediment when working in or crossing surface waters, including, but not limited to, surface waters located solely on the project property; and
15. Assure that when working near surface waters, including, but not limited to, surface waters located solely on the project property, the specific practices itemized immediately below are utilized:
a. During construction:
(1) All exposed soil areas with a slope of three to one (3:1) or steeper, and that have a continuous positive slope to a surface water, shall have temporary erosion protection or permanent cover within three (3) days after the area is no longer actively being worked; and
(2) All other slopes that have a continuous positive slope to a surface water should have temporary erosion protection or permanent cover within seven (7) days after the area is no longer actively being worked.
b. Buffer zone: Reserved.
16. Assure that required temporary sediment basins shall be constructed in accordance with the state permit; all supporting calculations for the basin sizing criteria and outlet channel sizing and velocity shall be submitted to the city; and
17. Assure that all hazardous materials are properly used, stored, and disposed of.
E. Performance security: Reserved.
F. The applicant shall also submit a signed written statement to the city which states as follows:
The undersigned Applicant hereby agrees to defend, indemnify and hold the City of Waterloo harmless from any and all claims, damages or suits arising directly or indirectly out of any act of commission or omission by the Applicant, or any employee, agent, assignee or contractor or subcontractor of the Applicant, in connection with Applicant's State NPDES General Permit No. 2 and/or Storm Water Pollution Prevention Plan.
G. The city shall send written notification to the applicant's engineer of the approval of the applicant's SWPPP within ten (10) business days following the submission of all documents and information required under this section, unless the city has provided to the applicant's engineer a written bill of particulars identifying noncomplying elements of the SWPPP. The city shall not issue approval of the applicant's SWPPP until such noncomplying elements of the SWPPP have been corrected, and until the SWPPP complies with the applicant's state permit, the requirements of this chapter, and all other applicable laws and regulations, federal, state, and local. If the applicant's SWPPP is for a single lot located in a larger common plan of housing development, the city's processing time shall be reduced from ten (10) business days to five (5) business days.
H. The applicant or applicant's SWPPP manager shall retain a copy of the approved SWPPP, all required SWPPP inspections and reporting documents, and state permit on site or at a readily available and disclosed alternative site so said documents can be provided for inspection in keeping with the requirements of the state permit.
I. The city's review of an applicant's SWPPP is not a determination as to the effectiveness of the controls selected.
J. For so long as a construction site is subject to a state permit, the applicant or applicant's SWPPP manager shall provide the city with current information as follows:
1. The name, address and telephone number of the SWPPP manager and any other person on site designated by the applicant or the applicant's SWPPP manager who is knowledgeable and experienced in erosion and sediment control and who will oversee compliance with the state permit; and
2. The name(s), address(es) and telephone number(s) of the contractor(s) and/or subcontractor(s) that will implement each erosion and sediment control measure identified in the SWPPP.
The above said information shall be provided to the city within seventy two (72) hours of the change of or addition of personnel, contractors or subcontractors. Applicant's or applicant's SWPPP manager's failure to provide current information shall constitute a violation of this article.
K. The applicant or applicant's SWPPP manager shall amend the SWPPP as required by the state permit, which generally shall be whenever there is a change in design, construction, operation or maintenance which has a significant effect on the potential for discharge of pollutants to the waters of the United States and which has not been addressed in the SWPPP, or if the SWPPP proves to be ineffective in eliminating or significantly minimizing pollutants from sources identified in the SWPPP, or in otherwise achieving the general objectives of controlling pollutants in stormwater discharge associated with industrial activity for construction activities. The applicant or applicant's SWPPP manager shall also expeditiously update the SWPPP to include site changes with changes identified on the site map; contractors identified after the submittal of the notice of intent; changes in ownership or transference of permit and permit responsibilities; or, if required, occurrences of hazardous conditions. (Ord. 5218, 5-19-2014)
A. The owner of real property that is the subject of a state permit may transfer responsibility under the owner's SWPPP to one or more transferees of all or part of such property in the same manner that responsibility for compliance with a state permit can be transferred pursuant to 567 Iowa administrative code section 64.6(6), or any similar successor provision. Such an owner is a "transferor". Each transferee must agree to the transfer in writing and must agree to fulfill all obligations of the state permit and the SWPPP, including submission of a statement signed by the transferee as provided for in subsection 8-4B-3F of this article. The transferor shall file with the office of the city engineer a copy of all documents filed with IDNR in connection with transfer of responsibility under the state permit to each such transferee, and a copy of each such transferee's agreement to fulfill all obligations of the SWPPP. Absent written confirmation of transfer of obligations that includes all documents set forth in this subsection, the transferor remains responsible for compliance with the SWPPP on any property that has been sold, conveyed, or otherwise transferred.
B. All documents and information required by the IDNR to be filed to terminate the state permit must be filed by the transferor concurrently with the office of the city engineer. The city engineer must confirm stabilization and removal of temporary control measures as required by subsection 8-4B-5G of this article before a notice of discontinuation can be filed. Upon submission of said materials to the city, the city shall have thirty (30) days in which to request additional information from the transferor before the SWPPP shall be deemed terminated.
C. To facilitate a transferee's compliance with this article as a secondary applicant, the transferor shall also deliver to the transferee concurrently with the filings required by subsection B of this section a copy of the transferor's notice of intent, state permit number, SWPPP public notification, and SWPPP. (Ord. 5218, 5-19-2014)
A. All inspections undertaken by the city under this article shall be conducted by the enforcement officer.
B. Prior to beginning construction, the applicant or applicant's SWPPP manager shall contact the city to schedule a preconstruction site inspection. The enforcement officer shall inspect the permitted site to determine that, at minimum, the control measures listed in the SWPPP that allow for construction to commence have been properly installed. If the enforcement officer determines that compliance has not been achieved, the enforcement officer shall provide to the applicant a written bill of particulars identifying the conditions of noncompliance. The applicant shall immediately commence corrective action and shall complete such corrective action within the time frame allotted by the enforcement officer in his discretion, but not exceeding seventy two (72) hours. For good cause shown, the city may extend the deadline for taking corrective action. Failure to take corrective action in a timely manner shall constitute a violation of this article.
C. Construction shall not occur on any area of the site that the enforcement officer has designated at any time while conditions of noncompliance that have been identified by the enforcement officer continue to exist.
D. Construction activities undertaken by an applicant before resolution of all discrepancies specified in the bill of particulars, if undertaken in an area designated by the enforcement officer as a prohibited area, shall constitute a violation of this article.
E. The city shall not be responsible for the direct or indirect consequences to the applicant or to third parties for noncompliant conditions that were undetected by inspection or that were undetected because the city, in operating its program of random inspections, did not inspect the property.
F. The applicant, the applicant's SWPPP manager or a qualified person designated by the applicant's SWPPP manager shall inspect the permitted site, as well as any transferred sites which the applicant is a copermittee of, no less than once every seven (7) calendar days. Reports generated by these site inspections shall be included within and deemed to be part of the SWPPP. Any deficiencies or needed modifications discovered during the inspections shall be noted in writing, and corrections or modifications shall be completed within seven (7) calendar days following the inspection.
G. Before a notice of discontinuation of the state permit can be submitted to the IDNR, the applicant or the applicant's SWPPP manager shall contact the city to schedule a postconstruction site inspection. The enforcement officer shall inspect the permitted site to determine that all disturbed areas have achieved stabilization as required by the state permit and all temporary control measures have been removed. If the enforcement officer determines that stabilization has not been achieved, or temporary control measures need to be removed, the enforcement officer shall provide to the applicant or the applicant's SWPPP manager a written bill of particulars identifying the conditions of noncompliance. The applicant or applicant's SWPPP manager shall immediately commence corrective action and shall reschedule a postconstruction inspection with the city when the required corrective actions have been completed. (Ord. 5218, 5-19-2014)
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