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 that cities meeting certain demographic and environmental impact criteria obtain from the IDNR an NPDES permit for the discharge of storm water from a municipal separate storm sewer system (MS4). The city's MS4 permit is on file at the office of the city clerk and is available for public inspection during regular office hours.
B. As a condition of the city's MS4 permit, the city is obliged to develop, implement, and enforce a program to address storm water runoff from new construction and reconstruction projects for which state NPDES general permit no. 2 storm water permit coverage is required by adopting a postconstruction storm water management ordinance designed:
1. To require water quality and quantity components be considered in the design of new construction and implemented when practical; and
2. To prohibit construction activities from commencing until the plans for postconstruction runoff controls have been submitted to the city; and
3. To allow the city to have the ability to access private property for the purpose of enforcement procedures to promote compliance with the state NPDES general permit no. 2 which require postconstruction compliance by applicants ("applicants").
C. No state or federal funds have been made available to assist the city with inspections, monitoring and/or enforcing the program. Accordingly, the city shall fund its inspection, monitoring and enforcement responsibilities entirely by fees imposed on the owners of properties which are made subject to the program by virtue of state and federal law, and/or other sources of funding established by a separate ordinance.
D. Terms used in this article shall have the meanings specified as follows:
APPLICANT: Any person, firm, or entity applying for a permit to develop, grade, or construct within the corporate limits of the city. (Ord. 1784, 10-8-2007)