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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)
A. Upon receipt of a state permit, the applicant and the applicant's SWPPP manager have an absolute duty to monitor site conditions and to report to the enforcement officer any change of circumstances or site conditions which the applicant or the applicant's SWPPP manager knows or should know pose a risk of stormwater discharge in a manner inconsistent with applicant's state permit. Examples of conditions that require notification include, but are not limited to: 1) hazardous material spills, 2) failure of site perimeter BMPs, 3) discharge of polluted waters from the site into the MS4 or onto neighboring properties or nearby surface waters, or 4) proposed implementation of BMPs on site that deviate significantly from the BMPs proposed in the approved SWPPP.
1. Such report shall be submitted to the enforcement officer within twenty four (24) hours of the change of circumstances or site conditions.
2. Failure to make a timely report shall constitute a violation of this article.
B. Any third party may also report to the city site conditions, which the third party reasonably believes pose a risk of stormwater discharge in a manner inconsistent with applicant's state permit.
C. Upon receiving a report pursuant to subsection A of this section, the enforcement officer may conduct an inspection and thereafter shall provide the applicant or the applicant's SWPPP manager with a written bill of particulars identifying any conditions of noncompliance. The applicant or the applicant's SWPPP manager 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 completing corrective action. Failure to take corrective action in a timely manner shall constitute a violation of this article, whereupon the enforcement officer shall immediately commence enforcement actions specified in section 8-4B-8 of this article.
D. Upon receiving a report from a third party pursuant to subsection B of this section, the enforcement officer may conduct an inspection of the site as soon as reasonably possible and thereafter shall provide the applicant or the applicant's SWPPP manager with a written bill of particulars identifying any conditions of noncompliance. The applicant or the applicant's SWPPP manager 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 completing corrective action. Failure to take corrective action in a timely manner shall constitute a violation of this article, whereupon the enforcement officer shall immediately commence enforcement actions specified in section 8-4B-8 of this article.
E. The enforcement officer may conduct one or more unannounced inspections at any time during the course of construction to monitor compliance with the state permit and the approved SWPPP. If the inspection discloses any noncompliance, the enforcement officer shall provide the applicant or the applicant's SWPPP manager with a written bill of particulars identifying the conditions of noncompliance. The applicant or the applicant's SWPPP manager 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 completing corrective action. Failure to take corrective action in a timely manner shall constitute a violation of this article, whereupon the enforcement officer shall immediately commence enforcement actions specified in section 8-4B-8 of this article.
F. 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. (Ord. 5218, 5-19-2014)
A. All construction sites requiring coverage under a state permit, as well as other activities requiring building permits for new residential or new commercial construction, shall obtain a CSR permit from the city engineer. Issuance of the CSR permit requires that the applicant submit a completed city of Waterloo CSR permit application form and submit a site plan identifying BMPs, building, parking and driveway footprint, and direction of flow for site runoff. Sites that must provide an SWPPP as required by a state permit need not submit a separate site plan for their CSR permit.
B. Sites applying for a CSR permit that are not subject to a state permit shall meet the following requirements:
1. Submit a CSR permit application and related documents as described in subsection A of this section.
2. Implement and maintain BMPs sufficient to prevent the discharge of pollutants from the site in conformity with the requirements described in subsections 8-4B-3D2, D3 and D5 through D17 of this article.
3. Contact the city engineer for a preconstruction inspection prior to commencing land disturbing activities and provide access to the enforcement officer as needed to determine compliance with rules set forth in article A of this chapter and this article.
4. Keep plans current and provide notification to the city engineer within seventy two (72) hours of the change or addition of personnel, contractors or subcontractors, or of a substantial change of site conditions as described in subsection 8-4B-3K of this article.
5. Contact the city engineer for a postconstruction inspection once the site has reached seventy percent (70%) uniform coverage with perennial vegetation or equivalent stabilization and all temporary erosion control measures have been removed.
C. CSR permits issued to sites covered by a state permit shall remain valid until such time as the state permit authorization expires or thirty (30) days after a notice of discontinuation is submitted to the IDNR and the city engineer. If the state permit is renewed prior to expiration, the applicant must provide proof of reauthorization to the city engineer. Failure to provide proof of reauthorization shall be considered a violation of this article. In the event that a state permit is suspended, the CSR permit shall automatically expire, and the applicant must thereafter reapply for a CSR permit before resumption of permitted activities. State permit discontinuation or suspension is subject to a postconstruction inspection.
D. CSR permits issued to sites not covered by a state permit shall expire one year from the date of CSR permit issuance. If construction has not been completed before the date the CSR permit expires, the applicant shall renew the permit. Failure to renew the permit shall be considered a violation of this article. Closure of a CSR permit is subject to a postconstruction inspection. (Ord. 5218, 5-19-2014)
A. Violation of any provision of this article may be enforced: 1) by issuance of a stop work order by the enforcement officer, 2) by suspension of building permit inspections until the deficient condition is remedied, or 3) by civil action, administrative or judicial, including, but not limited to, an action for injunctive relief. A stop work order shall specify the violation(s) and shall remain in effect until the deficient condition has been remedied.
B. Violation of any provision of this article shall constitute a municipal infraction under this code. A person may be cited for subsequent violations as additional violations are discovered or as SWPPP control elements fail. Each day that a municipal infraction occurs or is permitted to exist constitutes a separate offense.
C. In addition to the enforcement processes and penalties provided herein, any condition caused or permitted to exist in violation of any of the provisions of this article shall be considered a threat to public health, safety, and welfare, and is declared and deemed a nuisance. This nuisance may be summarily abated or remedied at the violator's expense.
D. In addition to any fine or penalty set forth in a schedule of violations adopted by the city, as amended thereafter from time to time, the city may recover all attorney fees, court costs and other expenses associated with enforcement of this article, including necessary monitoring expenses.
E. The remedies listed in this article are not exclusive of any other remedies available under any applicable federal, state or local law. It is within the discretion of the enforcement officer to seek cumulative remedies if necessary. Enforcement pursuant to this section shall be undertaken by the enforcement officer upon the advice and consent of the city attorney. (Ord. 5218, 5-19-2014)
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