1. 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”) (“MS4 Permit”). The City of Windsor Heights is subject to the Program and is required to obtain, and has obtained, an MS4 Permit; 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.
2. The Program requires certain individuals engaged in construction activities (“applicants”) to submit an application to the IDNR for a State NPDES general permit #2. Notwithstanding any provision of this chapter, every applicant bears final and complete responsibility for compliance with a State NPDES general permit #2 and a City COSESCO permit and any other requirement of State or federal law or administrative rule.
3. As a condition of the City’s MS4 Permit, the City is obliged to undertake responsibility for administration and enforcement of the Program by adopting a CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL (“COSESCO”) ordinance designed to achieve the following objectives:
A. Any applicant required by law or administrative rule to apply to the IDNR for a State NPDES general permit #2 shall also be required to obtain from the City a COSESCO permit (“City COSESCO permit”) in addition to and not in lieu of the State NPDES general permit #2; and
B. The City shall have responsibility for inspection, monitoring and enforcement procedures to promote applicants’ compliance with State NPDES General Permits #2 and City COSESCO permits.
4. No State or federal funds have been made available to assist the City in administering and enforcing the Program. Accordingly, the City shall fund its application, 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.
5. Terms used in this chapter shall have the meanings specified in the Program.