NPDES Permit Stormwater
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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.
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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
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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.
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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,
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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
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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.
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. 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).
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. 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.
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. 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.
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. 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.
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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;
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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.
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