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)