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)