Stormwater Illicit Discharge Ordinance Amendments Copyrighted
December 21, 2020
City of Dubuque Action Items # 2.
City Council Meeting
ITEM TITLE: Stormwater Illicit Discharge Ordinance Amendments
SUM MARY: City Manager recommending approval to modify Section 13-5 of the
Code of Ordinances, the City's I Ilicit Discharge Ordinance, in order to
comply with the City's National Pollution Discharge Elimination System
(NPDES) Municipal Separate Storm Sewer System (MS4) Permit.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 13
Public Utilities, Chapter 5 I Ilicit Connections and Discharges to Storm
Sewer System, Sections 13-5-1 Definitions and 13-5-6 Discharge
Prohibitions
SUGGESTED Suggested Disposition: Receive and File; Motion B; MotionA
DISPOSITION:
ATTACHMENTS:
Description Type
Stormwater I Ilicit Discharge Ordinance Amendments- City Manager Memo
MVM Memo
Staff Memo Staff Memo
Ordinance Ordinance
Suggested Motion Wording Supporting Documentation
Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Stormwater Illicit Discharge Ordinance Amendments
DATE: December 13, 2020
City Engineer Gus Psihoyos recommends City Council approval to modify Section 13-5
of the Code of Ordinances, the City's Illicit Discharge Ordinance, in order to comply with
the City's National Pollution Discharge Elimination System (NPDES) Municipal Separate
Storm Sewer System (MS4) Permit.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Mic ael C. Van Milligen
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Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Dubuque
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TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Stormwater Illicit Discharge Ordinance Amendments
DATE: December 14, 2020
INTRODUCTION
The purpose of this memo is to outline a recommendation to modify Section 13-5 of the
Code of Ordinances, the City's Illicit Discharge Ordinance, in order to comply with the
City's National Pollution Discharge Elimination System (NPDES) municipal separate
storm sewer system (MS4) Permit.
BACKGROUND
The Clean Water Act of 1972 prohibits the discharge of any pollutant into the waters of
the US from a point source, unless permitted by a National Pollution Discharge
Elimination System (NPDES) permit. Point-source pollution is categorized by the ability
to clearly identify where the pollutant enters a receiving water body (a lake, creek, stream,
river, etc.). The NPDES Phase II rule, enacted on December 8, 1999, required the City of
Dubuque to apply for an NPDES permit from the lowa Department of Natural Resources
(IDNR) for its municipal separate storm sewer system (MS4). An MS4 is the publicly-
owned stormwater management facilities (including but not limited to streets, ditches,
catch basins, curbs, gutters, and storm drains) designed or used for collecting or
conveying stormwater that ultimately discharges to waters of the state.
In April of 2004, the City Council adopted Ordinance 29-04 establishing the Illicit
Connections and Discharges to Storm Sewer System Ordinance (Illicit Discharge
Ordinance).
In November of 2004, the IDNR issued an lowa NPDES Permit (31-26-0-04)for the City's
MS4. The permit has been reissued three times. In November of 2019, the City was
issued its most recent NPDES MS4 permit. The five-year permit expires in October of
2024.
DISCUSSION
The City's National Pollution Discharge Elimination System Municipal Separate Storm
Sewer System Permit (MS4 Permit) requires "an ordinance . . . that prohibits anything
other than storm water, allowable non-storm water and pollutants . . . from entering the
MS4." As part of the City's NPDES MS4 permit compliance program, this permit
requirement was compared to the City's Illicit Connections and Discharges to Storm
Sewer System Ordinance (Illicit Discharge Ordinance). As currently worded, the Illicit
Discharge Ordinance states that a pollutant would only be prohibited if it "contributed to
a violation of applicable water quality standards." This leaves some ambiguity as to what
would constitute an ordinance violation and presents challenges when trying to enforce
the ordinance. The intent of the ordinance is to prohibit the placement of a pollutant into
the City's MS4 that would ultimately end up in waters of the state. Engineering staff, in
consultation with the Legal Department, propose modifications that will eliminate any
ambiguity as to what constitutes and ordinance violation and simplify enforcement.
The proposed ordinance amendment involves the following two main changes.
1. Modify the definition of "Illegal Discharge" to apply to the public stormwater
management system. Amend Section 13-5-1 such that it reads as follows:
"ILLEGAL DISCHARGE: Any direct or indirect nonstormwater discharge to the
municipal separate storm �sewer system, or waters of the state except as
exempted in subsection 13-5-6B of this chapter."
2. Strictly prohibit the discharge of pollutants to the Municipal Separate Storm Sewer
System (MS4). Amend Section 13-5-6 A (1) to read as follows:
"Materials, including, but not limited to, pollutants or waters containing any
pollutants, nonstormwater discharqe, or those that cause or contribute to a
violation of applicable water quality standards, ^+"�r +h�n ctnrm�nro4or ��
RECOMMENDATION
I recommend amending Section 13-5 of the City Code of Ordinances to modify the
definition of"Illegal Discharge"to apply to the public stormwater management system and
strictly prohibit the discharge of pollutants to the public stormwater management system.
ACTION TO BE TAKEN
I respectfully request adoption of the attached ordinance amending Section 13-5 of the
City Code of Ordinances to modify the definition of "Illegal Discharge" to apply to the
public stormwater management system and strictly prohibit the discharge of pollutants to
the public stormwater management system.
Attach.
Prepared by Deron Muehring
cc: Crenna Brumwell, City Attorney
Maureen Quann, Assistant City Attorney
Deron Muehring, Civil Engineer
Prepared by Maureen Quann. Esq., 300 Main St., Ste. 330, Dubuque IA 52001-6944, (563) 583-4113
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13t" St., Dubuque, IA 52001, (563) 589-4100
ORDINANCE NO. 52-20
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC
UTILITIES, CHAPTER 5 ILLICIT CONNECTIONS AND DISCHARGES TO STORM
SEWER ,SYSTEM, SECTIONS 13-5-1 DEFINITIONS AND 13-5-6 DISCHARGE
PROHIBITIONS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 13-5-1 of the City of Dubuque Code of Ordinances is amended
to read as follows:
13-5-1: DEFINITIONS:
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
ILLEGAL DISCHARGE: Any direct or indirect nonstormwater discharge to the municipal
separate storm sewer system, or waters of the state except as exempted in subsection
13-5-613 of this chapter.
Section 2. Section 13-5-6 of the City of Dubuque Code of Ordinances is amended
to read as follows:
13-5-6: DISCHARGE PROHIBITIONS:
A. Prohibition Of Illegal Discharges: No person shall discharge or cause to be
discharged into the MS4 or watercourses any of the following:
1. Materials, including, but not limited to, pollutants, waters containing
pollutants, nonstormwater discharge, or those that cause or contribute to a
violation of applicable water quality standards.
2. Geothermal pump and dump system discharges without the express written
consent of the city manager. The city manager may allow such discharge if it does
not present or will not present an imminent and substantial danger to the operation
of the MS4, public property, private property, the environment, or to the health or
welfare of persons, or waters of the state.
Section 3. This Ordinance takes effect on publication.
Passed, approved, and adopted the 21 st day of Dgcember, 2020.
Roy D. Buol, Mayor
Attest:
Adrienne Breitfelder, City Clerk
EFFECT OF AMENDMENT
13-5-1: DEFINITIONS:
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
ILLEGAL DISCHARGE: Any direct or indirect nonstormwater discharge to the municipal
separate storm sewer system, or waters of the state except as exempted in subsection
13-5-6B of this chapter.
13-5-6: DISCHARGE PROHIBITIONS:
A. Prohibition Of Illegal Discharges: No person shall discharge or cause to be
discharged into the MS4 or watercourses any of the following:
1. Materials, including, but not limited to, pollutants, waters containing
pollutants, nonstormwater discharge, or those that cause or contribute to a
violation of applicable water quality standards.
2. Geothermal pump and dump system discharges without the express written
consent of the city manager. The city manager may allow such discharge if it does
not present or will not present an imminent and substantial danger to the operation
of the MS4, public property, private property, the environment, or to the health or
welfare of persons, or waters of the state.
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
12/25/2020
and for which the charge is 24.23
Subscribed to before me, a Notary Public m and for
Dubuque County, Iowa,
this 28th day of December, 2020
Notary Public in and for Dubuque County, Iowa.
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Ad text : OFFICIAL
PUBLICATION
ORDINANCE NO. 52-20
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC
UTILITIES, CHAPTER 5 ILLICIT CONNECTIONS AND DISCHARGES TO
STORM SEWER SYSTEM, SECTIONS 13-5-1 DEFINITIONS AND 13-5-6
DISCHARGE PROHIBITIONS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. Section 13-5-1 of the City of Dubuque Code of
Ordinances is amended to read as follows:
13-5-1: DEFINITIONS:
The following words, terms and phrases, when used in this
chapter, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a
different meaning:
ILLEGAL DISCHARGE: Any direct or indirect nonstormwater
discharge to the municipal separate storm sewer system, or
waters of the state except as exempted in subsection 13-5-6B
of this chapter.
Section 2. Section 13-5-6 of the City of Dubuque Code of
Ordinances is amended to read as follows:
13-5-6: DISCHARGE PROHIBITIONS:
A. "Prohibition Of Illegal Discharges: No person shall
discharge or cause to be discharged into the MS4 or
watercourses any of the following:
1. "Materials, including, but not limited to, pollutants,
waters containing pollutants, nonstormwater discharge, or
those that cause or contribute to a violation of applicable
water quality standards.
2. "Geothermal pump and dump system discharges without the
express written consent of the city manager. The city manager
may allow such discharge if it does not present or will not
present an imminent and substantial danger to the operation of
the MS4, public property, private property, the environment,
or to the health or welfare of persons, or waters of the
state.
Section 3. This Ordinance takes effect on publication.
Passed, approved, and adopted the 21st day of December,
2020.
/s/Roy D. Buol, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on
the 25th day of December 2020.
/s/Adrienne N.
Breitfelder, City Clerk
It 12/25