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NPDES Permit Stormwater D~ ~ck~ MEMORANDUM October 27,2004 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: City's Response to the State's NPDES (Stormwater Discharge) Permit The City of Dubuque is now required by federal law to have a National Pollution Discharge Elimination System (NPDES) Stormwater Permit from the Iowa Department of Natural Resources. Dubuque must create a stormwater program to reduce the discharge of pollutants associated with the stormwater system. The City Council approved a process to produce Dubuque's permit application. The Environmental Stewardship Commission oversees five citizen task forces involving 55 people that participated in 21 task force meetings. The City had asked the IDNR to consider six changes to the permit language and they agreed to four of those changes. On the other two, the IDNR extended the deadline for the City. One of these, construction site stormwater runoff control, will create some delay in developments and place extra demand on City staff. No longer will developers be able to initiate a project and move it toward completion while the site plan is under development. It is currently anticipated that the $100,000 a year budgeted for implementation of this permit will be sufficient. I respectfully request Mayor and City Council approval of the terms of the National Pollution Discharge Elimination System Stormwater Permit. The Environmental Stewardship Advisory Commission concurs with the recommendation. IJ/J I it~. . at f "U'lcl ~77 /!JJ(!,- Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Gus Psi hoyos, Acting Public Works Director/City Engineer ~ . DU~~E ~Ýk-~ MEMORANDUM October 25, 2004 FROM: Michael C. Van Milligen, City Manager Gus Psihoyos, Acting Public Works Director/City Engineer - 9Q TO: SUBJECT: City's Response to the State's NPDES (Stormwater Discharge) Permit INTRODUCTION The purpose of this memo is to present Engineering staff and the Environmental Stewardship Advisory Commission's recommendation to agree to the terms of the National Pollution Discharge Elimination System (NPDES) stormwater permit authored by the Iowa Department of Natural Resources (IDNR). BACKGROUND The Clean Water Act (CWA) of 1972 prohibits the discharge of any pollutant into the waters of the United States from a point source, unless permitted by an NPDES permit. Point-source pollution is categorized by the ability to clearly identify where the pollutant enters a lake, creek, stream, river, etc. In 1987 the CWA was amended to target non- point source pollution such as stormwater runoff. NPDES Phase I, initiated in November of 1990, required communities with populations in excess of 100,000 to create a stormwater program (obtain an NPDES Phase I permit) to reduce the discharge of pollutants associated with the storm sewer system. On December 8, 1999, Phase" was published in the Federal Register. It specifically mandated that the City of Dubuque obtain an NPDES Phase" permit for stormwater runoff. As outlined in the Federal Register, the permit must include six minimum control measures. They are: 1) 2) 3) 4) 5) 6) Public education and outreach; Public involvement and participation; Illicit discharge detection and elimination; Construction site stormwater runoff control; Post construction stormwater runoff control; and Municipal operations and good housekeeping. On December 16, 2002 the City Council approved a process to produce Dubuque's permit application and it included the formation of five (5) task forces with oversight from the Environmental Stewardship Advisory Commission (ESAC). Fifty-five people; consisting of Dubuque residents, ESAC members, and City staff personnel served on a task force. Fifteen Task Force meetings were held to identified Best Management . Practices (BMPs), appropriate for Dubuque that would help preserve the quality of area creeks, streams, and rivers. In March of 2003, following the recommendation of the ESAC and City staff, the City Council approved the NPDES permit application (see attachment) and authorized City staff to forward it to the permitting authority for Iowa, the IDNR. On July 6, 2004, Engineering received a "Draft NPDES permit" and "Public Notice" from the IDNR (see attachment). On July 23rd, the "Public Notice" was published in the Telegraph Herald as required by Iowa Administrative Code. If no objections are received by the IDNR the "draft" permit will become Dubuque's NPDES stormwater discharge permit. The first permit year will begin on September 1st, 2004 and run through August 31st, 2005. The permit will be valid for five years, expiring on August 31 st, 2009. Engineering reviewed the "draft" permit, comparing it to the permit application authorized by the City Council in March of 2003. Because there were differences between the two documents and the permit will impact several City departments and the Dubuque community as a whole, Engineering recommended the reconvening of past NPDES Task Forces members to review the differences between the two documents and assess how they will impact the City. On September th, 2004, the City Council approved the following process to formulate the City's response to the State's "draft" NPDES permit: Task Force Review of Draft Permit: Individual Task Force Meetings to Discuss Response: Discussion/Negotiations with IDNR: Group Task Force Meeting to Make Recommendation: Recommendation Presented to the City Council: September 2nd to September 9th September 9th to September 16th September 16th to September 23"' September 23"' October 4th DISCUSSION On September 9th, Engineering facilitated five NPDES Task Force meetings. Each discussed the differences between Dubuque's permit application and the "draft" permit. Six issues or objections were identified. The next step was to take these issues to the IDNR and attempt to negotiate to common ground. Due to the unavailability of the required IDNR personnel, discussions/negotiations with the IDNR could not be scheduled between September 16th and September 23rd. On October 1, 2004, Engineering personnel met with the IDNR and discussed the City's six objections. Obiection #1 "Draft" Permit PART II. A. Public Education and Outreach on Storm Water Impacts 3. Storm Water Web PaGe - The permittee's website shall contain. . . The feeling of the Task Force was that the focus of a stormwater web page is too narrow. A broader "watershed" web site allows for the discussion of more topics likely to garner more visitors to the site. The IDNR revised the permit and it now calls for a watershed web page. Obiection #2 "Draft" Permit PART II. B. Public Involvement and Participation 1. Storm Water Committee - The permittee shall. . . While the Task Force did not object to the idea of a committee that deals with stormwater-quality issues, it recognized that the Environmental Stewardship Advisory Commission (ESAC) has already been serving the City in that role. Therefore, Engineering requested, and the IDNR agreed, to change the language in the permit so that it matches the language found in the City of Dubuque Code of Ordinances pertaining to the ESAC. Although the exact role the ESAC will play is yet to be established, the option is open to utilize the ESAC to meet this permit requirement. Objection #3 "Draft" Permit PART II. B. There was considerable concern with the idea of relying on volunteers to meet the City's permit requirements. The "draft" permit would require the City to "organize" volunteers. The IDNR agreed to change the permit so that the City would be required to promote current volunteer monitoring activity, not organize volunteers. Objection #4 "Draft" Permit PART II. D. Construction Site Storm Water Runoff Control 2. Construction Site Review and Inspection Program - The permittee shall require site plan and pollution prevention plan review and approval prior to the issuance of any permits for the site by the permittee. . . According to the IDNR, this requirement has been included in every permit. The main issue in Dubuque is that currently a developer will begin grading, even begin a foundation prior to the official approval of a site plan. The site plan review process has historically been an iterative process of submittal, review, and re-submittal. The requirement posed by the permit could have impacts to developers and City staff. No longer will developers be able to initiate a project and move it toward completion while the site plan is under development. The IDNR changed the permit so that Dubuque will have until September 1 st, 2006 to implement the change. Objection #5 "Draft" Permit PART II. E. Site Plan Review of Post-construction Runoff Controls 2. Construction Site Review and Inspection Program - The permittee shall not allow construction activities to commence until the plans for post- construction runoff controls has been reviewed and approved. Post-construction runoff controls are specifically identified in the Federal Register. They include practices aimed at reducing the pollutants associated with stormwater runoff. Filtering stormwater by directing it over grass is one such measure. Again, the IDNR lengthened the time to implement this requirement, setting the deadline for September 1,2007. Objection #6 "Draft" Permit PART II. F. Pollution Prevention/Good Housekeepinq 1. Operation and Maintenance of MS4 - All catch basins and aboveground components shall be inspected at least once each vear. While the Operations & Maintenance Department's annual goal is to inspect each of the City's approximately 6,400 catch basins and manholes, situations can arise out of the staffs control that prevent staff from reaching the goal. The Task Force felt that meeting this permit requirement should not be left to chance. Per Engineering's request, the IDNR changed the requirement. The City will now have five (5) years to inspect the components of the City's stormwater management system. On October 4th, Engineering received a revised permit from the IDNR (see attachment) that includes the changes identified by the Task Force and verbalized by Engineering. On October 5th, Engineering presented the revised permit and the ESAC subsequently voted to recommend the acceptance of the revised permit without objection. The deadline to object to the permit is October 22nd, 2004. Table 1 outlines each permit requirement, its estimated cost, and the party responsible for implementing the requirement. RECOMMENDATION I recommend that the City of Dubuque agree to the terms of the revised NPDES stormwater permit authored by the IDNR. BUDGET IMPACT Requirements fulfilled by existing City activities will continue to be paid for as they have been in the past; It should be documented in future budgets that the NPDES permit requires the activity. The new activities required by the permit will be funded from the annual Capital Improvement Project initiated in Fiscal Year 2004, establishing an annual budget of $100,000. As the complete program is established, the budget impacts will be documented and modified as needed. ACTION REQUESTED I respectfully request that the City Council agree to the terms of the NPDES stormwater permit. attachments Prepared by Deron Muehring cc: Cindy Steinhauser, Assistant City Manager Barry Lindahl, Corporation Council Bob Green, Water Department Manager Dan Brown, Fire Chief Don Vogt, Operations and Maintenance Manager Gil Spence, Leisure Services Manager Paul Horsfall, Water Pollution Control Manager Rich Russell, Building Services Manager Laura Carstens, Planning Services Manager Mark Munson, Transit Manager Mary Rose Corrigan, Health Services Manager John Klostermann, Street and Sewer Maintenance Supervisor Jon Brown, Assistant Water Pollution Control Manager John Hail, Park Division Manager Rick Steines, Assistant Fire Chief Scott Neyens, Fire Marshall Deron Muehring, Civil Engineer II Steve Pregler, City Forester Jerelyn O'Connor, Neighborhood Development Specialist Paul Schultz, Solid Waste Management Supervisor Nancy Otterbeck, Solid Waste Management Kyle Kritz, Associate Planner Environmental Stewardship Advisory Commission NPDES Task Force RESOLUTION NO. 413-04 RESOLUTION APPROVING THE NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER PERMIT AS AUTHORED BY THE IOWA DEPARTMENT OF NATURAL RESOURCES (IDNR) FOR THE CITY OF DUBUQUE Whereas, the Iowa Department of Natural Resources (IDNR) has approved the National Pollution Discharge Elimination System (NPDES) Stormwater Permit for the City of Dubuque; and Whereas, the NPDES Stormwater Permit complies with the Federal Register six minimal control measures: 1) Public education and outreach; 2) Public involvement and participation; 3) Illicit discharge detection and elimination; 4) Construction site stormwater runoff control; 5) Post construction stormwater runoff control; and 6) Municipal operations and good housekeeping; Whereas, the first permit year will begin on September 1, 2004, and run through August 31, 2005; and the permit will be valid for five years, expiring on August31,2009;and Whereas, on October 5, 2004, the City of Dubuque Environmental Stewardship Advisory Commission accepted the terms of the permit without objection. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the National Pollution Discharge Elimination System (NPDES) Stormwater Permit, as authored by the Iowa Department of Natural Resources (IDNR), for the City of Dubuque for the period of September 1, 2004, to August 31,2009 be and the same is hereby approved. Passed, adopted and approved this 1st day of November, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ~ Jeanne F. Schneider, CMC, City Clerk Table 1. Budget & Staff Impacts of Dubuque's NPDES Permit. Current New New Deadline Responsible Requirement Annual Annual Set-up to Start Party Exnense Expense Expense Practice Part II. Section A. 1. General stormwater education brochure $0 $600 Staff time 9/1/05 Enoineerino 2. Telephone Hotline Number $0 $50 $200 9/1/05 EnQineerino w/Cable 3. Watershed Web PaQe $0 $0 $0 9/1/05 EnoineerinQ 4. Storm Drain Labelino $0 $2,600 Staff time 9/1/06 Enoineerino 5. Educational Television Prooram $0 $0 Staff time 9/1/05 Enoineerino w/Cable 6. Public Education ProQram $O ? Staff time 9/1/08 EnQineerinQ Part II. Section B. 1. Environmental Advisorv Commission I ? I ? I ? 9/1/05 ? 2. Water Qualitv Monitorino I $0 I ? I Staff time 9/1/05 EnQineerinQ Part II. Section C. 1. Illicit Discharae Prohibition Ordinance Alreadv completed 2. Illicit Discharae Detection & Elimination Prooram $150,000 I ? I Staff time 9/1/05 EnQineerino w/O&M 3. Storm Sewer System Map AlreadV completed lDAGIS) 4. Pet Waste Ordinance Alreadv completed Part II. Section D. 1. Construction Site Runoff Control Ordinance I $0 I $0 I Staff time 9/1/06 Enoineerino w/Lenal 2. Construction Site Review and Inspection ProQram T $0 I $25,000 I Staff time I 9/1/05 EnoineerinQ 3. Contractor Workshoo I $0 I $2,000 I Staff time I 9/1/06 Enoineerino Part II. Section E. 1. Post-construction Site Runoff Control Policv Ordinance $0 ? ? 9/1/06 Enoineerino w/leoal 2. Site Plan Review of Post-construction Runoff Controls Staff time Staff time Staff time 9/1/07 Enoineerino w/Plannino 3. Inspection of Runoff Control Devices $0 See D, 2. Staff time 9/1/07 EnQineerinQ 4. Watershed Assessment Prooram $0 $0 $25,000 9/1/07 Enoineerino w/Plannino 5. Developer and House Builder Workshoo $0 $2,000 Staff time 9/1106 EnQineerino Part II. Section F. 1. Inspection, Maintainino, & Cleanino of MS4 $500,000 I $25,000 I Staff time I 9/1/05 Enoineerino & O&M 2. Pesticide and Fertilizer Manaoement Prooram Alreadv completed 3. TraininQ ProQram for Municinal Emnlovees $0 I 5,000 I $15,000 I 9/1/05 I EnQineerinQ w/Consultant 4. Citv Facilitv Best ManaQement Practices ? I ? I See F, 3. I 9/1/06 I Enoineerino w/Consultant Part III. Annual Reoart I $0 I Staff time I $3,000 I 9/1/05 I Enoineerino w/Consultant Part IV. Inspection of Citv Construction Proiects ì $200,000 I ? I Citv staff I 9/1/05 I Enoineerino w/Consultant Salt Storaoe I Part of New Operations & Maintenance Facilitv 1$140,000\ Totals I $850,000 I $62,250+ I $43,200+ I I City of Dubuque Municipal Separate Storm Sewer System Permit Number: 31-26-0-04 PART I. DISCHARGES AUTHORIZED UNDER THIS PERMIT A. Permit Area This permit covers all areas within the boundaries of the City of Dubuque totaling approximately 27.5 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 Discharges This permit 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-storm water and storm water associated with industrial activity except where such discharges are: I. 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 PROGRAM The permittee shall implement the Best Management Practices (BMPs), measurable goals, implementation dates and frequencies described in the following sections. A. Public Education and Outreach on Storm Water Impacts The permittee shall implement 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 be developed and distributed to all businesses and residents served by the MS4. The brochure shall present information regarding storm water impacts on water quality and measures that can be implemented to reduce water quality degradation from stOrm water. The brochures shall be written and distributed by the permittee during the period of the permit with distribution commencing no later than September 1,2005. The brochures shall also be made available on the permittee's website and at all city offices. 1/13 City of Dubuque Municipal Separate Storm Sewer System Permit Number: 31-26-0-04 B. 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. The telephone number shall be established no later than September 1, 2005 and remain in effect for the duration of the permit. 3. Watershed 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 established by the permittee no later than September I, 2005 and maintained for the duration of the permit. 4. Storm Drain Labeling - A program shall be developed to label all storm sewer intakes. All intakes shall be marked within five years of the issue date of the permit with approximately 20% of the existing intakes each year and all new intakes as constructed. The labeling shall commence no later than September 1, 2006 and all intakes shall be labeled no later than the expiration date of the permit. The labels shall be re-applied as needed to maintain legibility. 5. Educational Television Program - The permittee shall develop or obtain a videotape 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. The program shall be developed or obtained and televised no later than September I, 2005 and then televised at least once each calendar quarter for the remainder of the duration of the permit. 6. Public Education Program - The permittee shall 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 no later than September I, 2008 and shall be made available for the remainder of the duration of the permit. Public Involvement and Participation The permittee shall implement a public involvement and participation program that includes the following: 1. Environmental Advisory Commission - The permittee shall establish an environmental advisory commission. The commission shall develop, articulate and propose goals, 2/13 City of Dubuque Municipal Separate Storm Sewer System Permit Number: 31-26-0-04 c. objectives and policies regarding storm water issues. The commission shall also advise and inform the permittee regarding compliance with the MS4 permit, hold an annual forum on storm water quality issues, provide information 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 comprehensive plan. 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. The group shall be established no later than September I, 2005 and meetings held at least once each calendar year for the remainder of the duration of the permit. 2. Water Quality Monitoring - The permittee shall work with water quality monitoring groups to determine the water quality ofreceiving waters near storm sewer outfalls. The permittee shall promote monitoring activity by funding monitoring training and equipment. The data from the monitoring shall be made available to members of the public and to the Department as requested. The monitoring activities shall begin no later than September I, 2005 and continue for the remainder of the duration of the permit. lllicit Discharge Detection and Elimination The permittee shall develop, implement and enforce a discharge detection and elimination program that includes the following: 1. lllicit Discharge Prohibition Ordinance - An ordinance shall be adopted or amended as necessary 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 adopted or amended as necessary no later than September I, 2005 and enforced by the permittee for the remainder of the duration of the permit. 2. lllicit Discharge Detection and Elimination Program - A program shall be developed to identify and eliminate illicit discharge to the MS4. The program shall include annual dry weather flow inspections of all known outfalls, sampling and analyses of dry weather flows, procedures to identify the sources of the dry weather flows and procedures for disconnecting illicit connections. 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. ¡fthe Department does not approve the plan, the permittee 3/13 City of Dubuque Municipal Separate Storm Sewer System Permit Number: 31-26-0-04 D. 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 developed and implemented by the pennittee no later than September I, 2005 and for the remainder of the duration of the pennit. 3. Stonn Sewer System Map - All outfalls, intakes, above-ground conveyances, basins, other structures and monitoring sites of the MS4 shall be mapped. Approximately 20% of the existing system shall be mapped each year of the pennit. New intakes, outfalls and piping added during the term of the pennit shall be mapped as they are constructed. The mapping shall commence no later than September 1,2004 by the pennittee and shall be completed no later than the expiration date of the pennit. 4. Pet Waste Ordinance - An ordinance shall be developed 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 the disposal of the feces in either the municipal trash collection system or the sanitary sewer system. Exemptions for manure from agricultural livestock when used for horticultural purposes may be included in the ordinance. The ordinance shall be adopted by the pennittee no later than September I, 2005. Construction Site Stonn Water Runoff Control The pennittee shall develop, implement and enforce a construction site stonn water runoff control program to reduce pollutants in any stonn water runoff ITom construction activities for which stonn water pennit coverage is required and that includes the following: 1. Construction Site Runoff Control Ordinance - An ordinance shall be developed or amended as needed and enforced on all sites for which NPDES pennits 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 tenninate 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 pennittee prior to issuance of any permits for the site by the pennittee. The ordinance shall require compliance with the Department's Stonn Water General Pennit no. 2. The ordinance shall be adopted or amended by the pennittee as necessary no later than September I, 2006 and enforced beginning no later than September I, 2006 for the remainder of the duration of the pennit. 2. Construction Site Review and Inspection Program - The pennittee shall require site plan and pollution prevention plan review and approval by the permittee or the permittee's agent prior to issuance of any pennits for the site by the pennittee for construction activities for which an NPDES pennit is required. The program shall require compliance with the 4/13 City of Dubuque Municipal Separate Stonn Sewer System Pennit Number: 31-26-0-04 E. 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. 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 pollution prevention review program shall be fully implemented by the permittee no later than September I, 2005 and for the remainder of the duration of the permit. The site plan review program shall be fully implemented by the permittee no later than September I, 2007 and for the remainder of the duration of the permit. 3. Contractor Workshop - The permittee shall 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 first workshop shall be held no later than September 1,2006 and at least once each year for the remainder of the duration of the permit. Post-construction Storm Water Management The permittee shall develop, implement and enforce 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-eonstruction Site Runoff Control Policy Ordinance - An ordinance shall be adopted or amended as necessary which will address the control of runoff from building activities after construction has been completed. The ordinance shall require water quality and quantity components be considered in the design of new construction and implemented when practical. The ordinance shall promote the use of storm water detention and retention, grass swales, bioretention swales, riparian buffers and proper operation and maintenance of these facilities. The ordinance shall be adopted by the permittee and enforced no later than September I, 2006 and for the remainder of the duration of the permit. 2. Site Plan Review of Post-eonstruction Runoff Controls - The permittee shall establish procedures and acceptance criteria for review of post-construction runoff controls for all construction sites for which coverage under NPDES storm water permits 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 developed by the permittee no later than September I, 2007 and implemented for the remainder of the duration of the permit. 5/13 City of Dubuque Municipal Separate Storm Sewer System Permit Number: 31-26-0-04 F. 3. Inspection of Runoff Control Devices - Stonn water control devices and structures shall be inspected and reviewed for proper maintenance. Educational materials shall be developed and made available to landowners which outline proper maintenance procedures. The pennittee shall properly maintain its own control devices and structures. Inspections shall be conducted beginning no later than September I, 2007 and for the remainder of the duration of the penni!. The educational materials shall be developed no later than September I, 2007 and made available for the remainder of the duration of the pennit. 4. Watershed Assessment Program - A watershed assessment program and comprehensive land use plan shall be developed 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 pennittee shall then implement the program whenever possible to meet these goals. The program shall be established by the pennittee no later than September 1, 2007 and implemented for the remainder of the duration of the pennit. 5. Developer and House Builder Workshop - The pennittee shall conduct or sponsor workshops intended to educate developers and house builders about ways low impact development and new design techniques that include structural best management practices can improve the quality of stonn water runoff. The first workshop shall be held no later than September I, 2006 an at least once each year for the remainder of the duration of the penni!. Pollution Prevention/Good HousekeeDing The pennittee shall develop and implement 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 shall be implemented. All components of the MS4 shall be inspected at least once every five years and maintenance perfonned as appropriate. The program shall be implemented by the pennittee no later than September I, 2005 and for the remainder of the duration of the penni!. 2. Pesticide and Fertilizer Management Program - A pesticide and fertilizer management program shall be developed, 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, 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 detennine if lower rates would be equally effective. Should it be 6/13 City of Dubuque Municipal Separate Storm Sewer System Permit Number: 31-26-0-04 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 developed by the permittee no later than September I, 2005 and fully implemented no later than September 1,2006. 3. Training Program for Municipal Employees - The permittee shall develop a program for training municipal employees regarding practices to be implemented in city operations to reduce pollutants in storm water. The program shall be developed and implemented by the permittee no later than September I, 2005 and for the remainder of the duration of the permit. 4. City Facilities BMPs - A program shall be developed and implemented to assess BMPs at city facilities to be implemented that reduce pollutants in storm water fÌ"om these facilities. These measures shall then be implemented whenever practical. The program shall be implemented by the permittee beginning no later than September I, 2006 and for the remainder of the duration of the permit. PART III. REPORTING REQUIREMENTS Annual Reoort The permittee shall prepare an annual report to be submitted to the Department no later than September 30 of each calendar year with the first report due in calendar year 2005. The report shall include the following: I. The status of implementing the components of the storm water pollution prevention and management plan. Any modifications developed by the permittee and approved by the Department or required by the Department shall also be addressed. 2. The status of compliance with any compliance schedule established by this permit or by any modifications to this permit. 3. A summary of all revisions to the approved management plan. 4. A summary of the data, including monitoring data, that is generated within the reporting period including a naITative description of storm water quality improvements or degradation. 5. An estimate of the previous fiscal year's expenditures for implementation of the management plan and the budget for the CUITent fiscal year. 6. 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. 7/13 . City of Dubuque Municipal Separate Storm Sewer System Permit Number: 31-26-0-04 PARTlY. SPECIAL CONDITIONS Only stonn water, allowable non-stonn water, and pollutants for which an NPDES pennit has been issued and when the discharge is in compliance with the pennit, are allowed to be discharged to the MS4. The pennittee shall not have nOr allow any discharge of pollutants ITom a site, facility Or source for which an NPDES pennit is required unless an NPDES pennit has been issued for the discharge. Upon discovery of any unpennitted discharge for which a pennit is required or, if an NPDES pennit has been issued for the discharge, a discharge not in compliance with the pennit, the pennittee 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 ITom such a source. The pennittee is prohibited from issuing any pennit, authorization Or license allowing any construction, excavating, clearing, grubbing, Or any other soil disturbing activity and is prohibited ITom allowing a person, persons, company, political unit or other entity, public Or private. ITom doing same for which, in whole Or as part of another project, coverage under an NPDES pennit is required without first ensuring that a stonn water authorization from the Department has been issued for the activity. A construction site inspection program shall be developed and implemented for construction projects owned or operated by the pennittee that include areas of soil disturbance for which NPDES pennits 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 pennittee at least every 7 days and within 2 business days of a 0.50 inch or greater rain event and include any other provisions necessary to ensure compliance by contractors with the stonn water General Pennit no. 2. Inspections required by General Pennit no. 2 must also be conducted by the contractors Or the pennittee including inspections within 24 hours of the end of a 0.50 inch or greater rain event. Inspections made by the pennittee that satisfy the requirements of General Pennit no. 2 may be used to satisfy the requirements of this pennit. All salt storage shall be in a structure impervious to precipitation and any spillage due to handling activities in an area subject to runoff shall be immediately removed. The manner in which actions required by this pennit are accomplished by the permittee is subject to review and approval by the Department. Should the Department give notice to the pennittee that the approach used by the pennittee to comply with any pennit provision is unacceptable, the pennittee must modify its approach as required in order to be considered in compliance with the pennit. PART V. STANDARD CONDITIONS A. Pemittee's Duty to Complv The pennittee must comply with all conditions of this pennit. Any pennit noncompliance constitutes a violation of the Clean Water Act (CW A) and is grounds for enforcement action; for pennit tennination, revocation and reissuance, Or modification; or for denial of a pennit renewal application. Issuance of this permit does not relieve you of the responsibility to comply with all local, state and federal laws, ordinances, regulations Or other legal requirements applying to the operation of your facility (see 40 CFR l22.4l(a) and 567-64.3(11) lAC). 8/13 . City of Dubuque Municipal Separate Storm Sewer System Permit Number: 31-26-0-04 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. You must also furnish to the Director, 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 I) the chief executive officer of the agency, or 2) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency. Certification Any person signing documents shall make 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. 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 infungement 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. 9/13 . City of Dubuque Municipal Separate Stonn Sewer System Permit Number: 31-26-0-04 H. State/Environmental Laws Nothing in this permit shall be construed to preclude the institution of any legal action Or relieve the permittee ITom 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 permittee ITom any responsibility or requirements under other environmental statutes, regulations Or permits. I. Proper Overation 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 Entrv 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 permit 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. L. Potential or Realized Impacts on Water Ouality If there is evidence indicating potential or realized impacts on water quality or on a listed 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 it's implementation. M. Failure to submit fees This permit may be revoked, in whole or in part, if the appropriate permit fees are not submitted within sixty (60) days of the date of notification that such fees are due. 10/13 . City of Dubuque Municipal Separate Storm Sewer System Permit Number: 31-26-0-04 N. Penalties For Violations of Permit Conditions Section 309 of the CW A provides significant penalties for a person(s) who violates a permit condition implementing Section 30 I, 302, 306, 307, 318, or 405 of the CW A, 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 CW A. PART VI. DEFINITIONS Allowable Non-Storm Water means: discharges from fire fighting 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, iITigation 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. 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. Calendar Ouarter means each of the following periods: December thru February, March thru May, June thru August and September thru November. CWA means Clean Water Act (formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972). Department means the Iowa Department of Natural Resources (IDNR) or an authorized representative. 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. Facilitv means any entity which discharges storm water. Municipal separate storm sewer svstem 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. Permittee means the City of Dubuque. 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 term does not include return flows from iITigated agriculture or agricultural storm water runoff. 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. 11/13 City of Dubuque Municipal Separate Storm Sewer System Permit Number: 31-26-0-04 Storm water means storm water runoff, snow melt runoff, and surface runoff and drainage. 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 !Tom facilities or activities excluded !Tom 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 !Tom 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 CFRPart 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 !Tom 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 !Tom 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 !Tom 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)(I)(v). The following categories of facilities are considered to be engaging in "industrial activity" for purposes of this subsection. Facilities subject to storm 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); Facilities classified as Standard Industrial Classifications 24 (except 2434), 26 (except 265 and 267),28 (except 283 and 285), 29, 311, 32 (except 323), 33, 3441, 373; 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 !Tom applicable State or Federal reclamation 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; Hazardous waste treatment, storage, or disposal facilities, including those that are operating under interim status or a permit under Subtitle C of RCRA; 12/13 City of Dubuque Municipal Separate Storm Sewer System Permit Number: 31-26-0-04 Landfills, land application sites, and open dumps that have received any industrial wastes (waste that is received ITom any of the facilities described under this subsection) including those that are subject to regulation under Subtitle D ofRCRA; 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; Steam electric power generating facilities, including coal handling sites; 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; 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; Construction activity including clearing, grading and excavation activities that result in the disturbance of I 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 I acre or more; 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)). 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. 13/13