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City of Dubuque Municipal Separate Storm Sewer System (MS4) InspectionCity of Dubuque City Council Meeting Consent Items # 018. Copyrighted June 5, 2023 ITEM TITLE: City of Dubuque Municipal Separate Storm Sewer System (MS4) I nspection SUMMARY: City Manager recommending City Council officially record the results of the Iowa Department of Natural Resources (DNR's) recent inspection of the City's National Pollution Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) permit compliance program in the minutes of the City Council. SUGGESTED Suggested Disposition: Receive and File; Make Matter of Record DISPOSITION: ATTACHMENTS: Description Type MVM Memo City Manager Memo Staff Memo Staff Memo Report Supporting Documentation Permit Supporting Documentation THE C DUjIBQTE Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: City of Dubuque MS4 Inspection DATE: May 31, 2023 Dubuque WAWca 914 ii 2007-2012.2013 2017*2019 City Engineer Gus Psihoyos is recommending City Council officially record the results of the Iowa DNR's recent inspection of the City's National Pollution Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) permit compliance program in the minutes of the City Council. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:sv Attachment CC' Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Deron Muehring, Civil Engineer II THE CjAQUE DUB Masterpiece on the Mississippi TO: Michael Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: City of Dubuque MS4 Inspection DATE: May 30, 2023 Dubuque All -America Ciq 2007.2012.2013 2017*2019 INTRODUCTION The purpose of this memo is to transmit the results of the Iowa DNR's recent inspection of the City's National Pollution Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) permit compliance program. BACKGROUND The federal clean water act requires the City to obtain a permit in order to discharge stormwater from the city into waters of the United States (i.e., the Catfish Creek, Mississippi, etc.). The City was issued Iowa NPDES Permit 31-26-0-04 on November 1, 2019 "pursuant to the authority of section 402(b) of the Clean Water Act (33 U.S.C. 1342(b)), Iowa Code section 455B.174, and rule 567--64.13, Iowa Administrative Code." DISCUSSION The Iowa DNR performed an inspection of the City's NPDES MS4 (stormwater) permit compliance program on May 15, 2023. Attached are the results. Per the report, the City is meeting all permit requirements. There were no recommendations or requirements following the inspection. ACTION TO BE TAKEN I respectfully request the results of the City of Dubuque MS4 inspection be officially recorded in the minutes of the City Council. DLM/kb CC' Crenna Brumwell, City Attorney Deron Muehring, Civil Engineer 11 IOWA DEPARTMENT OF NATURAL RESOURCES GOVERNOR Kim REYNOLDS . LT. GOVERNOR ADAM GREGG DIRECTOR KAYLA LYON May 22, 2023 VIA EMAIL CITY OF DUBUQUE 50 WEST 13T" ST DUBUQUE IA 52001 ATTN: Deron Muehring, City of Dubuque Engineering — dmuehrin(a)cityofdubug ue.org Subject: Stormwater MS4 Inspection, Dubuque, NPDES Permit 31-26-0-04 Please find enclosed a copy of a report resulting from the MS4 compliance inspection by Field Office 1 staff on May 15, 2023. Please note that the Annual Report may be submitted electronically by emailing to FO1.Notify(a)dnr.iowa.gov. The cooperation of Mr. Deron Muehring, Mr. John Wiley, and Mr. Eric Schmechel during this inspection is appreciated. Sincerely, ENVIRONMENTAL SERVICES DIVISION lDigitally signed by Chris Gelner Chris Gener Date: 2023.05.22 06:58:58 -05'00' Chris Gelner Environmental Specialist Senior Enc. c: John Wiley, DSWCD — john.wiley cDdubuguecountyiowa.gov Eric Schmechel, DSWCD — eric.schmechel(a)dubug uecountyiowa.gov e-file — 31 STW Dubuque 3126004 Dubuque MS4 051523 ins csg FIELD OFFICE 1, 1101 COMMERCIAL CT. STE. 10, MANCHESTER IA 52057 Phone: 563-927-2640 www.iowadnr.gov Fax: 563-927-2075 Dubuque MS4 Inspection Report Page 1 of 4 REPORT OF INSPECTION INVESTIGATION DATE CURRENT: 5/15/2023 LAST: 11/15/2018 TO: City of Dubuque 50 West 13' St Dubuque, IA 52001 SUBJECT: Stormwater MS4 Compliance Inspection Iowa NPDES Permit 31-26-0-04 PERSONS Deron Muehring, City of Dubuque Engineering — 563/589-4270 CONTACTED: Introduction This compliance inspection of the city of Dubuque's MS4 program was made on May 15, 2023. The scope of the inspection included an evaluation of the permit requirements and general discussions pertaining to the city's stormwater program. An on -site visit to NPDES General Permit 2 (GP2) authorization 42292-41921 was also conducted. Messrs. Muehring, Wiley, and Schmechel were interviewed during the inspection and provided records as requested. Iowa NPDES Permit The city of Dubuque was issued Iowa NPDES Permit 31-26-0-04 for the discharge of stormwater for its Municipal Separate Storm Sewer System (MS4), totaling approximately 32 square miles. The permit expiration date is October 31, 2024. As a reminder, the date required to file for renewal of this permit is May 4, 2024. Part II A. Public Education and Outreach on Stormwater Impacts - N/A = not applicable, N/O = not observed Permit requirements Yes No N/A N/O General stormwater education brochure ® ❑ ❑ ❑ Website ® ❑ ❑ ❑ Informational articles in the city newsletter ® ❑ ❑ ❑ Comments: The city continues to implement a public education and outreach program to educate the public on the impacts of various activities and pollutants on stormwater quality and quantity, as well as measures that residents can implement to reduce pollutants in stormwater runoff. The city has several educational brochures and an informative website available to the public. Part II B. Public Involvement and Participation Permit requirements Yes No N/A N/O Public meetings ® ❑ ❑ ❑ Public notice requirements ® ❑ ❑ ❑ Telephone hotline number 0 ❑ ❑ ❑ Dubuque MS4 Inspection Report Page 2 of 4 Comments: The city continues to include public involvement and participation in its stormwater program. The Resilient Community Advisory Commission (RCAC) meets on a regular basis. This commission advises the permittee on the effectiveness of the stormwater program and holds public meetings to gather public input. The 24/7 stormwater hotline (563/690-6200) is prominently placed on the main stormwater website and is included in all educational materials. Part II C. Illicit Discharge Detection and Elimination Permit requirements Yes No N/A N/O Illicit discharge prohibition ordinance ® ❑ ❑ ❑ Illicit discharge detection and elimination program ® ❑ ❑ ❑ Sanitary sewer backups and overflows ® ❑ ❑ ❑ Storm drain labeling ® ❑ ❑ ❑ Comments: The city has implemented municipal code which pertains to the prohibition of unpermitted discharges. The Dubuque Soil & Water Conservation District (DSWCD), on behalf of the city by a 28e agreement, carries out inspections of outfalls on a routine basis as a means of identifying illicit discharges. A total of 108 outfall inspections were conducted in 2021/2022. The city/DSWCD also investigates reports of illicit discharges and requires the elimination of illicit discharges within 21 days of discovery. Part II D. Construction Site Runoff Control Permit requirements Yes No N/A N/O Construction site runoff control ordinance ® ❑ ❑ ❑ Construction site review and inspection program ® ❑ ❑ ❑ Sediment and erosion control checklist ® ❑ ❑ ❑ Comments - The city/DSWCD conducts construction site inspections according to the IDNR General Permit 2 (a minimum of 1 per calendar quarter) as well as inspections in response to complaints received. The city reported 202 inspections for 2021/2022 with (22) verbal warnings and (2) Notice of Violations/municipal infractions issued to make corrections. The following GP2 authorizations were discussed during the inspection. No instances of discharge of pollutants to a water of the State of Iowa were observed. • 40265-39886 — This authorization was issued but construction activity has not yet taken place. Mr. Wiley stated that he believes this project has been scrubbed and no construction will occur. 42100-41727 — It was determined that this site is planning to disturb less than 1 acre and is, therefore, not subject to the MS4 program authority. Mr. Wiley stated that even though the site is not regulated by the MS4 authority, he still makes random visits to observe if illicit discharges have occurred. • 42292-41921 — I visited this site along with Messrs. Muehring, Wiley, and Schmechel. Mr. Wiley conducted a routine inspection at the site and made note of several minor maintenance issues that needed to be addressed. Mr. Wiley issued a verbal warning to the site's project manager and made his expectations and timeline clear. It should be noted that this site received approximately 0.75 inches of rain in the previous 24 hours and that maintenance of sediment controls had not yet taken place by the permittee. Dubuque MS4 Inspection Report Page 3 of 4 Part II E. Post Construction Stormwater Management Permit requirements Yes No N/A N/O Post -construction runoff control policy ordinance N ❑ ❑ ❑ Site plan review of post -construction runoff control devices N ❑ ❑ ❑ Inspection of run-off control devices N ❑ ❑ ❑ Watershed assessment program N ❑ ❑ ❑ Cnmments- The city has adopted SUDAS specifications, which include stormwater management. City policy adopted by the City Council requires that all developments requiring a state NPDES construction site permit must not increase the peak flow of runoff during the statistical 2, 10, and 100-year rain events. The city has a very active watershed assessment program in the Bee Branch and Catfish Creek watershed systems. Part II F. Pollution Prevention/Housekeeping This section of the NPDES Permit addresses preventing and reducing pollutant runoff from municipal operations. Permit requirements Yes No N/A N/O Operation and maintenance of MS4 N ❑ ❑ ❑ Pesticide and fertilizer management program N ❑ ❑ ❑ Training program for municipal employees N ❑ ❑ ❑ City facilities BMPs N ❑ ❑ ❑ Comments: The city of Dubuque Public Works Department oversees all inspection, televising, and cleaning of the storm sewer components as well as street sweeping. The Engineering Department is charged with the installation of and repair or replacement of storm sewer components. The city implements a pesticide and fertilizer management program through its Leisure Services Department. All pesticides and fertilizers are applied by State of Iowa licensed staff, which requires annual training. It was noted in the annual report that the city has reduced pesticides and fertilizers to the maximum extent possible while still maintaining effectiveness. Records of applications are maintained by the Leisure Services Department in order to evaluate the effectiveness and make rate application decisions in the future. Mr. Meuhring stated that the city will include this information in future annual stormwater reports. Training is provided to city employees whose job duties will likely have an impact on stormwater quality. Training includes application, handling, storage, and disposal of fertilizers and pesticides and is given at least once during the GP2 permit cycle (5 years) and within the first year of employment for all new employees. The city has implemented a program to assess BMPs at municipal facilities at a frequency of once per permit cycle, including 6 separate municipal facilities in order to understand effectiveness and reduce pollutants in stormwater. Part II G. Monitoring Industrial and High -Risk Run -Off Permit requirements Yes No N/A N/O Each facility certifies annually compliance with SWMP & permit ❑ ❑ N ❑ Annual sampling conducted ❑ ❑ N ❑ Records of discharge or potential discharge ❑ ❑ N ❑ Dubuque MS4 Inspection Report Page 4 of 4 Comments: Mr. Muehring stated that the city of Dubuque does not currently assess industries for high -risk run-off, nor does the NPDES permit require this. Part III. Reporting Requirements An annual report is to be submitted to the DNR by September 30 of each year. DNR records indicate the last annual report from the city of Dubuque was received on October 20, 2022. Please note that the annual report may now be submitted electronically by emailing to FO1.Notify(a)_dnr.iowa.gov. . RECOMMENDATIONS: • None REQUIREMENTS: • None AUTHENTICATION INSPECTOR: DATE: Chris Gelner Digitally signed by Chris Gelner Date: 2023.05.22 06:58:40-05'00' Chris Gelner, Environmental Specialist Senior REVIEWER: M• Digitally signed by Michele Smith ichele Smith Date: 2023.05.22 06:50:32-05'00' DATE: Michele Smith, Environmental Specialist Senior IOWA DEPARTMENT OF NATURAL RESOURCES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT PERMITTEE City of Dubuque 50 W. 13'h St. Dubuque, Iowa 52001 IOWA NPDES PERMIT NUMBER: 31-26-0-04 DATE OF ISSUANCE: November 1, 2019 DATE OF EXPIRATION: October 31, 2024 YOU ARE REQUIRED TO FILE FOR RENEWAL OF THIS PERMIT BY: May 4, 2024 EPA NUMBER — IA0078671 IDENTITY AND LOCATION OF FACILITY City of Dubuque RECEIVING WATERCOURSES Little Maquoketa, Cloie Branch, Granger Creek, South Fork Catfish Creek, Middle Fork Catfish Creek, North Fork Catfish Creek, Catfish Creek, Mississippi River and other, undesignated waterbodies This permit is issued pursuant to the authority of section 402(b) of the Clean Water Act (33 U.S.C. 1342(b)), Iowa Code section 45513.174, and rule 567--64.13, Iowa Administrative Code. You are authorized to operate the disposal system and to discharge the pollutants specified in this permit in accordance with the monitoring requirements and other terms set forth in this permit. You may appeal any conditions of this permit by filing written notice of appeal and request for administrative hearing with the director of this department within 30 days of receipt of this permit. Any existing, unexpired Iowa operation permit or Iowa NPDES permit previously issued by the department for the facility identified above is revoked by the issuance of this Iowa NPDES operation permit. FOR THE DEPARTMENT OF NATURAL RESOURCES By Joe difffin 1113 Facility Name: City of Dubuque Municipal Separate Stonn Sewer System Permit Number: 31-26-0-04 Droll Permit PART 1. DISCHARGES AUTHORIZED UNDER THIS PERMIT A. Permit Area This permit covers all areas within the boundaries of the City of Dubuque totaling approximately 32 square miles which is drained by the city's Municipal Separate Storm Sewer System (MS4) and any other areas added while this permit is in effect. B. Authorized Discharaes This pen -nit authorizes all existing or new storm water point source discharges to waters of the State from the MS4. This permit also authorizes the discharge of storm water commingled with flows contributed by process wastewater, non -process wastewater, or storm water associated with industrial activity provided such discharges are authorized under separate NPDES permits. as required by law. This permit does not authorize discharges to the MS4. C. Limitations on Coverage The following discharges are not authorized or regulated by this permit: Storm water discharges that are mixed with non -stone water and storm water associated with industrial activity except where such discharges are: 1. in compliance with a separate NPDES permit; or 2. identified by and in compliance with Part IV. of this permit. PART II. STORM WATER POLLUTION PREVENTION & MANAGEMENT The permittee shall implement the Best Management Practices (BMPs), measurable goals and frequencies described in the following sections. A. Public Education and Outreach on Storm Water Impacts The permittee shall continue implementing a public education and outreach program about the impacts of storm water discharges and measures which the residents of the permittee can implement to reduce pollutants in storm water runoff that includes the following: 1. General Storm Water Education Brochure — An informational brochure shall continue to be distributed to all new businesses and residents served by the MS4. The brochure shall present information regarding stone water impacts on water quality and measures that can be implemented to reduce water quality degradation from storm water. The brochures shall be distributed to all residents and businesses through utility billing statements at least once during the duration of the permit. Brochures shall be made available on the permittee's website as they are created for the duration of the permit. 2. Telephone Hotline Number — The permittee shall provide a telephone number for the reporting of storm water related problems. The telephone number shall be made available on the website and included in other storm water educational materials. 2113 Facility Name: City of Dubuque Municipal Separate Storm Sewer System Pennit Number: 31-26-0-04 Draft Permit The telephone number shall be made available for the duration of the permit. Storm Water Web Page — The permittee's website shall contain information regarding storm water impacts on water quality, measures residents can implement to reduce pollutants in storm water, regulations, current local topics, information in the brochures and links to other relevant websites. A form for reporting storm water complaints shall be provided on the website. The website shall be updated as needed. The storm water web page shall be maintained by the permittee for the duration of the permit. 4. Storm Drain Labeling -- All new and replaced storm sewer intakes shall be either embossed or stamped by the manufacturer with a no dumping proscription. Should a catch basin be installed that has no such proscription, the permittee shall affix a placard so indicating. The program shall continue to be implemented by the permittee to ensure all municipal storm sewer intakes are labeled for the duration of the permit. S. Educational Television Program — The permittee shall continue to offer a video program which presents information regarding storm water impacts on water quality and measures residents can implement to reduce water quality degradation from storm water. The program shall be televised at least once each calendar quarter and made available to residents on the permittee's website. Fhe program shall be televised and made available for the duration of the permit. b. Public Education Program — The permittee shall continue to make available to schools served by the MS4 and shall encourage the adoption of educational materials regarding storm water and its impact on water quality. Each school year the permittee shall contact the school board to determine the status of the program and to ensure the material is still available for use in the classrooms. The educational materials shall be provided by the permittee for the duration of the permit. B. Public Involvement and Participation The permittee shall continue implementing a public involvement and participation program that includes the following: Resilient Community Advisory Commission — The pernlittee shall continue to hold meetings with the Resilient Community Advisory Commission. The commission shall develop, articulate and propose goals, objectives and policies regarding storm water issues. The commission shall also advise and inform the permittee regarding compliance with the MS4 permit, hold public meetings each calendar quarter where storm quality issues are discussed with residents. The commission shall be allowed to provide infoixnation for storm water education programs, educational materials and volunteer opportunities and shall provide input regarding storm water quality issues in relationship to the permittee's storm water management activities. Businessmen, developers, homeowners, members of environmental groups and members of the public at large shall be allowed to participate, if interested. However, the permittee may place reasonable limits on the total number of individuals participating in the group. Meetings shall be held at least once each calendar quarter for the duration of the permit. 3113 Facility ]Name: City of Dubuque Municipal Separate Storm Sewer System Permit Number: 31-26-0-04 Draft. Permit 2. Water Quality Monitoring — The permittee shall continue to work with water quality monitoring groups to determine the water quality of waters of the state that receive discharges from the MS4 and are within the city limits of the permittee. The pennittee shall promote monitoring activity by funding monitoring training and equipment. The data from the monitoring shall be trade available to members of the public and to the Department as requested. The monitoring activities shall continue for the duration of the permit, 3. Public Notice Requirements - When implementing a public involvement and participation program, the permittee must comply with all state and local public notice requirements. C. Illicit Discharge Detection and Elimination The permittee shall continue implementing and enforcing a discharge detection and elimination program that includes the following: Illicit Discharge Prohibition Ordinance — An ordinance shall continue to be amended as necessary and enforced by the permittee that prohibits anything other than storm water, allowable non -storm water and pollutants for which an NPDES permit has been issued and when the discharge is in compliance with the permit from entering the MS4. The ordinance shall include language that enables the permittee to inspect private property if an illicit discharge is suspected and penalties for non-compliance. The ordinance shall be enforced by the permittee for the duration of the perm it. 2_ Illicit Discharge Detection and Elimination Program — A program shall continue to be implemented to identify and eliminate illicit discharge to the MS4. The program shall include annual dry weather flow inspections of all outfalls not already inspected since flows from newly developed or re -developed areas have been discharged from the outfalls, sampling and analyses of these dry weather flows, procedures to identify the sources of the dry weather Bows and procedures for disconnecting illicit connections. Dry weather flow inspections may be made at manholes and other points prior to the flows joining larger portions of the MS4 to facilitate detection of illicit discharges. Records shall be kept of when inspections are performed, the results of the inspections and measures taken to identify and, when appropriate, eliminate the sources of any dry weather flows. The plan shall be evaluated annually to assess the effectiveness of the program and any necessary changes made. All illicit discharges found must be eliminated no more than 21 days after discovery. If it is not possible to eliminate an illicit discharge within 21 days of discovery, the permittee shall submit to the Department the reasons why the discharge cannot be eliminated within 21 days of discovery and a plan which contains a timeline of activities which will result in the elimination of the discharge, This statement and plan shall be submitted within 21 days of discovery of the illicit discharge. If the Department does not approve the plan, the permittee will then be required to eliminate the discharge no later than a date specified by the Department. All illicit discharges shall be reported to the Department no later than the end of the first business day after the day of the discovery. The plan shall be implemented by the permittee for the duration of the permit. 3, Pet Waste Ordinance — An ordinance shall continue to be amended as necessary and enforced that addresses the cleanup of pet feces. The ordinance shall require owners of pets to remove their pets' feces immediately after being deposited on public property_ The ordinance shall also require 4/13 Facility Name: City of Dubuque Municipal Separate Storm Sewer System Permit Number: 31-26-0-04 Draft Permit the proper disposal of the feces. Exemptions for manure from agricultural livestock when used for horticultural purposes may be included in the ordinance. The ordinance shall be enforced by the permittee for the duration of the permit. D. Construction Site Storm Water Runoff Control The permittee shall continue implementing and enforcing a construction site storm water runoff control program to reduce pollutants in any storm water runoff from construction activities for which storm water permit coverage is required and that includes the following: 1, Construction Site Runoff Control Ordinance — An ordinance shall continue to be amended as needed and enforced on all sites for which NPDES permits are required that requires proper soil erosion and sediment control. This ordinance shall also address waste at construction sites that may cause adverse impacts to water quality such as building materials, concrete truck washout, chemicals, solid waste and sanitary waste. Authority to issue an order to terminate activities due to failure to implement or maintain pollution control BMPs, authority for the permittee to enter private property for the purposes of compliance inspections and penalties for non-compliance shall be included. The ordinance shall require site plan and pollution prevention plan review and approval by the permittee prior to issuance of any permits for the site by the permittee. The ordinance shall require compliance with the Department's Storm Water General Permit no. 2. The ordinance shall be enforced by the permittee for the duration of the permit. 2, Construction Site Review and Inspection Program - The permittee shall require site plan and pollution prevention plan review and approval by the permittee or the permittee's agent prior to issuance of any permits for the site by the permittee for construction activities for which an NPDES permit is required. The program shall require compliance with the Department's Storm Water General Permit no. 2 and inspections by the permittee of all sites for which coverage under General Permit no. 2 is required. The program shall require each of these sites be inspected by the permittee at least once each calendar quarter. City personnel shall ensure that all topsoil preservation requirements stipulated by General Permit no. 2 are implemented on those sites for which they are required, If an entity other than the permittee reviews the site plans and pollution prevention plans, the permittee shall provide sufficient oversight to ensure the reviews are done properly and that the entity performing the reviews has no conflicts of interests in this matter. The program shall be implemented by the permittee for the duration of the permit. 3. Contractor Workshop — The permittee shall continue to conduct or sponsor workshops intended to educate developers, builders, contractors and consultants about ways in which developments and construction sites can be designed and maintained to implement erosion and sediment control and to improve the quality of storm water runoff. The penn ittee shall hold or sponsor workshops at least once each year for the duration of the permit. 5/13 Facility Name: City oFDubuque Municipal Separate Storm Sewer System Permit Number: 31-26-0-04 Draft Permit E. Post -construction _Storm Water Management The permittee shall continue implementing and enforcing a program to address storm water runoff from new construction and re -construction projects for which storm water coverage is required. The program must ensure that controls are in place that will prevent or minimize water quality impacts and shall include the following: 1. Post --construction Site Runoff Control Policy Ordinance — An ordinance shall continue to be amended as necessary and enforced will address the control of runoff from building activities after construction has been completed. The ordinance shall require water quality and quantity components be required in the design of new construction and implemented when feasible. The ordinance shall promote the use of storm water detention, retention, infiltration, other Best Management Practices specific to each site which address water quality and quantity issues and proper operation and maintenance of these facilities. The ordinance shall be enforced by the permittee for the duration of the permit. 2. Site Plan Review of Post --construction Runoff Controls — The permittee shall continue to implement procedures and acceptance criteria for review of past -construction runoff controls for all construction sites for which coverage under NPDES storm water pennits are required. The permittee shall not allow construction activities to commence until the plans for post -construction runoff controls have been reviewed and approved. The program shall be implemented by the permittee for the duration of the permit. 3. Inspection of Runoff Control Devices — Storm water control devices and structures shall continue to be inspected and reviewed for proper maintenance. Educational materials shall continue to be made available to landowners which outline proper maintenance procedures, The permittee shall properly maintain its own control devices and structures. All private post -construction controls shall be inspected by the permittee at least once during the duration of the permit. All public post - construction controls shall be inspected by the permittee at least once each calendar year. Inspections shall be conducted and educational materials made available by the permittee for the duration of the permit. 4, Watershed Assessment Program — A watershed assessment program and comprehensive land use plan shall continue to be implemented which outlines measures to be implemented which reduce flooding, reduce erosion in ditches and streams, improve water quality and reduce degradation of habitat for fish and wildlife. The permittee shall then implement the program whenever possible to meet these goals. The program shall be implemented by the permittee for the duration of the permit. Watershed Symposium — The permittee shall continue to conduct or sponsor the symposium intended to educate developers, house builders and others about ways low impact development, new design techniques that include structural best management practices, and other practices can improve the quality of stone water runoff. The permittee shall Fold or sponsor workshops at least once each year for the duration of the permit. CsIl3 Facility Name: City of Dubuque Municipal Separate Storm Sewer System Permit Number: 31-26-0-04 Draft Permit F. Pollution Prevention/Good Housekee in The permittee shall continue implementing an operation and maintenance program. including a training component, that shall prevent or reduce pollutant runoff from municipal operations and that shall include the following- 1. Operation and Maintenance of MS4 - A program for inspecting, maintaining and cleaning all components of the MS4 including street sweeping, cleaning ditches, culverts, storm sewer intakes and stone sewer pipes and open channels shall continue to be implemented. Maintenance shall be performed as needed on all described components. The program shall be implemented by the permittee for the duration of the permit, 2. Pesticide and Fertilizer Management Program — A pesticide acid fertilizer management program shall continue to be implemented and enforced which shall reduce pollutant discharge associated with storage, application and disposal of pesticides and fertilizers for municipal operations. The program shall identify all municipal entities that apply pesticides and fertilizers, require that application of these chemicals be applied by properly trained individuals and require training on management techniques addressing storage, application and disposal. Data regarding the application rates of pesticides and fertilizers shall be gathered and evaluated to determine if lower rates would be equally effective. Should it be determined that lower application rates would be equally or nearly as effective it shall be required that the lower rates be applied. The program shall be implemented by the permittee for the duration of the permit. 3. Training Program for Municipal Employees — The permittee shall continue to implement a program for training municipal employees regarding practices to be implemented in city operations to reduce pollutants in storm water. Training for existing municipal employees shall be conducted at least once during the duration of the permit and for all new employees within one year of initiation of municipal employment. The program shall be implemented by the pennittee for the duration of the permit. 4. City Facilities BMPs — A program shall continue to be implemented to assess BMPs at all facilities owned or operated by the permittee. These BMPs shall be designed to reduce pollutants in storm water from these facilities. The BMPs shall then be implemented whenever practical. These facilities shall be inspected and BMPs assessed and modified as necessary but at least once during the duration of the permit. PART III. REPORTING REQUIREMENTS Annual Report The permittee shall prepare an annual report to be submitted to the Department no later than September 30 of each calendar year. The report shall be submitted to the appropriate Department field office and shall include the following: 7/13 Facility Name: City of Dubuque Municipal Separate Storm Sewer System Permit Number: 31-26-0-04 Draft Permit The status of implementing the components of this permit. Any modifications developed by the permittee and approved by the Department or required by the Department shall also be addressed. A summary of the data. including monitoring data if it exists, that is generated within the reporting period including a narrative description of storm water quality improvements or degradation. An estimate of the previous fiscal year's expenditures for implementation of the requirements of this permit and the budget for the current fiscal year. 4. A summary describing the number and nature of inspections, enforcement actions, illicit discharges discovered, ordinances adopted, public education programs conducted, components of the MS4 cleaned, stream restoration activities, meetings held and any other actions taken by the permittee required by this permit during the reporting period. PART IV. SPECIAL CONDITIONS Only storm water, allowable non -storm water, and pollutants for which an NPDES permit has been issued and when the discharge is in compliance with the permit, are allowed to be discharged to the MS4. The permittee shall not have nor allow any discharge of pollutants from a site, facility or source for which an NPDES permit is required unless an NPDES permit has been issued for the discharge. Upon discovery of any unpermitted discharge for which a permit is required or, if an NPDES permit has been issued for the discharge, a discharge not in compliance with the permit, the permittee shall report the discharge to the Department no later than the end of the next business day after the discharge is discovered. Floor drains and other potential sources of pollutants shall be considered discharges even if no actual pollutants have been observed entering the MS4 from such a source. The permittee is prohibited from issuing any permit, authorization or license allowing any construction, excavating, clearing, grubbing, or any other soil disturbing activity and is prohibited from allowing a person. persons, company, political unit or other entity, public or private, from doing same for which, in whole or as part of another project, coverage under an NPDES permit is required without First ensuring that a storm water authorization from the Department has been issued for the activity. A construction site inspection program shall continue to be implemented for construction projects owned or operated by the permittee that include areas of soil disturbance for which NPDES permits are required. The inspection program shall be used to ensure that contractors are correctly implementing BMPs which have been approved in the pollution prevention plan and any additional necessary measures. The program shall require inspections by the permittee at least every 7 days and include any other provisions necessary to ensure compliance by contractors with the storm water General Permit no, 2. Inspections made by the permittee that satisfy the requirements of General Permit no. 2 may be used to satisfy the requirements of this permit. A map of the MS4, including all outfails, shall be maintained for the duration of this permit. Salt storage at the public works building shall be in a structure impervious to precipitation, Salt storage at the location where the permittee receives salt shipments shall be on an impervious pad and kept covered by a waterproof cover except when salt is being added or removed. Any spillage due to handling activities in either area subject to runoff shall be immediately removed, The permittee may directly place snow, free of trash, into or onto a Water of the State. $113 Facility Name: City of Dubuque Municipal Separate Storm Sewer System Permit Number: 3I-26-0-04 Draft Permit The manner in which actions required by this permit are accomplished by the permittee is subject to review and approval by the Department. Should the Department give notice to the permittee that the approach used by the permittee to comply with any permit provision is unacceptable, the permittee must modify its approach as required in order to be considered in compliance with the permit. PART V. STANDARD CONDITIONS A. Pemittee's Duty to Comply_ The permittee must comply with all conditions of this permit, Any permit noncompliance constitutes a violation of the Clean Water Act (CWA) and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application. Issuance of this permit does not relieve the permittee of the responsibility to comply with all local, state and federal laws, ordinances, regulations or other legal requirements applying to the operation of this facility (see 40 CFR 122.41(a) and 567-64.3(11) IAC), B. Duty to Provide Information The permittee shall furnish to the Department, within a time specified by the Department, any information that the Department may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee must also furnish to the Department, upon request, copies of any records required to be kept by this permit. C. Need to Halt or Reduce Activity Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. D. Signatory Requirements Storm Water Pollution Prevention Plans, reports, certifications or information either submitted to the Department or that this permit requires be maintained by the permittee, shall be signed as follows: For a municipality, State, Federal, or other public facility: by either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a Federal agency includes 1) the chief executive officer of the agency, or 2) a senior executive officer having responsibility for the overall operations of principal geographic unit of the agency. Certification Any person signing documents shall maize 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. 4113 Facility Name: City of Dubuque Municipal Separate Storm Sewer System Permit Number: 31-26-0-04 Draft Permit E, Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit that has a reasonable likelihood of adversely affecting human health or the environment. F. Property Rights The issuance of this permit does not convey any property rights of any sort, nor any exclusive privileges, nor does it authorize any injury to private property nor any invasion of personal rights. nor any infringement of Federal, State, or local laws or regulations. G. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this permit shall not be affected thereby. H. State/Environmental Laws Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any applicable State law or regulation under authority preserved by Section 510 of the Act. No condition of this permit shall release the penmittee from any responsibility or requirements under other environmental statutes, regulations or permits. 1. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) that are installed or used by the permittee to achieve compliance with the conditions of this permit and with the requirements of storm water pollution prevention plans. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. Proper operation and maintenance requires the operation of backup or auxiliary facilities or similar systems, installed by the permittee only when necessary to achieve compliance with the conditions of the permit. J. Inspection and Entry The permittee shall allow the Department, an authorized representative or an authorized representative of the municipal operator of the separate storm sewer receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to: enter upon the permittee's premises where a regulated facility or activity is located or conducted or where records must be kept under the conditions of this permit; have access to and copy at reasonable times, any records that must be kept under the conditions of this permit; inspect at reasonable times any facilities or equipment (including monitoring and control equipment); and to sample any discharge of pollutants. K. Permit Actions This pennit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or discontinuance, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. This permit may be modified due to conditions or information on which this permit is based, including any new standard the Department may adopt that would change the required effluent limits. 1 UIl3 Facility Name: City of Dubuque Municipal Separate Storm Sewer System Permit Number: 31-26-0-04 Draft Permit L. Potential or Realized Impacts on Water Quality If there is evidence indicating potential or realized impacts on water quality or on a Iisted endangered species due to any storm water discharge associated with industrial activity covered by this permit, the permit shall be modified to include different limitations and/or requirements of the Pollution Prevention Plan and its implementation. M. Failure to submit fees This permit may be revoked, in whole or in part, if the appropriate pennit fees are not submitted within sixty (60) days of the date of notification that such fees are due. N. Penalties For Violations of Permit Conditions Section 309 of the CWA provides significant penalties for a person(s) who violates a permit condition implementing Section 301, 302, 306, 307. 318, or 405 of the CWA, or any permit condition or limitation implementing any such sections in a permit issued under Section 402. Any person(s) who violates any condition of this permit is subject to a civil penalty not to exceed $25,000 per day of such violation, as well as any other appropriate sanction provided by Section 309 of the CWA. PART VI. DEFINITIONS 1. Allowable Non -Storm Water means: discharges from firefighting activities, fire hydrant flushings, potable water sources, waterline flushings, uncontaminated groundwater, foundation or footing drains where flows are not contaminated with process materials such as solvents, springs, riparian habitats, wetlands, irrigation water, air conditioning condensate, exterior building washwater when no detergents or other surfactants are used and pavement washwaters where spills or leaks of toxic or hazardous materials have not occurred and when no detergents or other surfactants are used. 2. Best Management Practices ("BMPs") means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the State. BMPs also include treatment requirements, operating procedures, and practices to control facility site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. 3. Calendar quarter means each of the following periods: January thru March, April thru June, July thru September and October thru December. 4. CWA means Clean Water Act (formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972). 5. Department means the Iowa Department of Natural Resources (IDNR) or an authorized representative. 6. Discharge means the release of water and any elements, compounds and particles contained within or upon, from property owned or controlled by an individual, individuals, or entity. 7. Facil4 means any entity which discharges storm water. 8. Municipal separate storm sewer system means the conveyance or system of conveyances including storm sewers, roadways, roads with drainage systems, catch basins, curbs, gutters, ditches, constructed channels and storm drains owned or operated by the permittee. 9. Permittee means the City of Dubuque. 11/13 Facility Name: City of Dubuque Municipal Separate Storm Sewer System Permit Number: 31-26-0-04 Draft Permit 10. Point source means any discernible, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharged. This tern does not include return flows from irrigated agriculture or agricultural storm water runoff. 11. Significant materials includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under Section 101(14) of Comprehensive Environmental Response, Compensation and Liability Act (CERCLA); any chemical the facility is required to report pursuant to Emergency Planning and Community Right -to -Know Act (EPCRA) Section 313; fertilizers-, pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with storm water discharges. 12. Storm water means storm water runoff, snow melt runoff, snow and surface runoff and drainage. 13. Storm water discharge associated with industrial activity means the discharge from any conveyance that is used for collecting and conveying storm water and that is directly related to manufacturing, processing or raw materials storage areas at an industrial plant. The term does not include discharges from facilities or activities excluded from the NPDES program, For the categories of industries identified in paragraphs (i) through (x) of this definition, the term includes, but is not limited to, storm water discharges from industrial plant yards; immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or by-products used or created by the facility; material handling sites; refuse sites; sites used for the application or disposal of process waste waters (as defined at 40 CFR Part 401); sites used for the storage and maintenance of material handling equipment; sites used for residual treatment, storage, or disposal; shipping and receiving areas; manufacturing buildings; storage areas (including tank farms) for raw materials, and intermediate and finished products; and areas where industrial activity has taken place in the past and significant materials remain and are exposed to storm water. For the categories of industries identified in paragraph (xi) of this definition, the term includes only storm water discharges from all areas (except access roads and rail lines) listed in the previous sentence where material handling equipment or activities, raw materials, intermediate products, final products, waste materials, by-products, or industrial machinery are exposed to storm water. For the purposes of this paragraph, material handling activities include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, finished product, by-product or waste product. The term excludes areas located on plant lands separate from the plant's industrial activities, such as office buildings and accompanying parking lots as long, as the drainage from the excluded areas is not mixed with storm water drained from the above described areas. Industrial facilities (including industrial facilities that are Federally, State, or municipally owned or operated that meet the description of the facilities listed in paragraphs (i) to (xi) of this definition) include those facilities designated under 122.26(a)(1)(v). The following categories of facilities are considered to be engaging in "industrial activity" for purposes of this subsection. (i) Facilities subject to stone water effluent limitations guidelines, new source performance standards, or toxic pollutant effluent standards under 40 CFR Subchapter N (except facilities with toxic pollutant effluent standards that are exempted under category (xi) of this definition); (ii) Facilities classified as Standard Industrial Classifications 24 (except 2434), 26 (except 265 and 267), 28 (except 283 and 285), 29, 31 I, 32 (except 323), 33, 3441, 373; (iii) Facilities classified as Standard Industrial Classifications 10 through 14 (mineral industry) including active or inactive mining operations (except for areas of coal mining operations no longer meeting the definition of a reclamation area under 40 CFR 434.11(1) because the performance bond issued to the facility by the appropriate SMCRA authority has been released, or except for areas of non -coal mining operations that have been released from applicable State or Federal reclamation 12113 Facility Name: City orDubuque Municipal Separate Storm Sewer System Permit Number: 31-26-0-04 Draft permit requirements after December 17, 1990) and oil and gas exploration, production, processing, or treatment operations, or transmission facilities that discharge storm water contaminated by contact with or that has come into contact with, any overburden, raw material, intermediate products, finished products, byproducts or waste products located on the site of such operations; inactive mining operations are mining sites that are not being actively mined, but that have an identifiable owner/operator; (iv) Hazardous waste treatment, storage, or disposal facilities, including those that are operating under interim status or a permit under Subtitle C of RCRA; (v) Landfills, land application sites, and open dumps that have received any industrial wastes (waste that is received from any of the facilities described under this subsection) including those that are subject to regulation under Subtitle D of RCRA; (vi) Facilities involved in the recycling of materials, including metal scrap yards, battery reclaimers, salvage yards, and automobile junkyards, including but limited to those classified as Standard Industrial Classification 5015 and 5093; (vii) Steam electric power generating facilities, including coal handling sites; (viii)Transportation facilities classified as Standard Industrial Classifications 40, 41, 42 (except 4221- 25), 43, 44, 45 and 5171 that have vehicle maintenance shops, equipment cleaning operations, or airport deicing operations. Only those portions of the facility that are either involved in vehicle maintenance (including vehicle rehabilitation, mechanical repairs, painting, fueling, and lubrication), equipment cleaning operations, airport deicing operations, or that are otherwise identified under paragraphs (i) to (vii) or (ix) to (xi) of this subsection are associated with industrial activity; 14. Treatment works treating domestic sewage or any other sewage sludge or wastewater treatment device or system, used in the storage treatment, recycling, and reclamation of municipal or domestic sewage, including land dedicated to the disposal of sewage sludge that are located within the confines of the facility, with a design flow of 1-0 mgd or more, or required to have an approved pretreatment program under 40 CFR Part 403. Not included are farm lands, domestic gardens or lands used for sludge management where sludge is beneficially reused and that are not physically located in the confines of the facility, or areas that are in compliance with 40 CFR Part 503; 15. Construction activity including clearing, grading and excavation activities that result in the disturbance of 1 acre or more of total land area or which result in the disturbance of less than I acre but are part of a larger common plan of development or sale of 1 acre or more; 16. Facilities under Standard Industrial Classifications 20, 21, 22, 23, 2434, 25, 265, 267, 27, 283, 285, 30, 31 (except 311), 323, 34 (except 3441), 35, 36, 37 (except 373), 38, 39, 4221-25, (and that are not otherwise included within categories (i) to (x)). 17. Waters of the State means any river, stream, lake, pond, marsh, watercourse, waterway, well, spring, reservoir, aquifer, irrigation system, drainage system and any other body or accumulation of water, surface or underground, natural or artificial, public or private, which are contained within, flow through or border upon the state or any portion thereof. 13113