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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)
A. Administrative decisions by city staff and enforcement actions of the enforcement officer may be appealed by the applicant to the city council pursuant to the following rules:
1. The appeal must be filed in writing with the city clerk within twenty (20) business days of the decision or enforcement action.
2. The written appeal shall specify in detail the action appealed from, the errors allegedly made by the enforcement officer giving rise to the appeal, and the relief requested.
3. The enforcement officer shall specify in writing the reasons for the enforcement action, a written summary of all oral and written testimony the enforcement officer intends to introduce at the hearing, including the names and addresses of all witnesses the enforcement officer intends to call, and copies of all documents the enforcement officer intends to introduce at the hearing.
4. The city clerk shall notify the applicant and the enforcement officer by ordinary mail, and shall give public notice in accordance with Iowa Code chapter 21 of the date, time and place for the regular or special meeting of the city council at which the hearing on the appeal shall occur. The hearing shall be scheduled for a date not less than four (4) nor more than twenty (20) days after the filing of the appeal, unless the applicant requests an extension of not more than fourteen (14) days. The intent of this subsection A4 is to promote the prompt and speedy resolution of disputes. The rules of evidence and procedure, and the standard of proof to be applied, shall be the same as provided by Iowa Code chapter 17A. The applicant may be represented by counsel at the applicant's expense. The enforcement officer may be represented by the city attorney or by an attorney designated by the city council at city expense.
B. The decision of the city council shall be rendered in writing and may be appealed to the Iowa district court as provided by law. (Ord. 5218, 5-19-2014)
The provisions of this article are hereby declared to be severable. If any section, provision, clause, sentence, paragraph or part of this article or the application thereof to any person, establishment, or circumstance shall be held invalid or unconstitutional, such adjudication shall not affect the other provisions or applications of this article. (Ord. 5218, 5-19-2014)
ARTICLE C. POSTCONSTRUCTION STORMWATER MANAGEMENT
SECTION:
8-4C-1: Findings
8-4C-2: Definitions
8-4C-3: Applicability
8-4C-4: Submission And Approval Of The Postconstruction Stormwater Management Plan
8-4C-5: Inspection, Maintenance And Repair Of Stormwater Management Facilities
8-4C-6: City Of Waterloo Inspection Procedures
8-4C-7: Corrective Action
8-4C-8: Responsibility
8-4C-9: Enforcement
8-4C-10: Appeal
8-4C-11: Severability
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