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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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