Erosion & Sediment Control OrdinanceTHE CITY OF
DUB E
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MEMORANDUM
,_. __
February 13, 2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager `
SUBJECT: Erosion and Sediment Control Ordinance
City Engineer Gus Psihoyos recommends City Council approval of an amendment to
Chapter 44 of the City of Dubuque Code, adding the new Article VII -Erosion and
Sediment Control (ESC). The proposed ESC ordinance is intended to meet the City's
requirements as identified in the City's National Pollution Discharge Elimination System
(NPDES) Municipal Separate Storm Sewer System (MS4) permit.
The ESC ordinance provides two essential components: 1) Creates a City ESC Permit;
2) Creates tools to promote compliance with both the City ESC Permit and the State
NPDES general permit requirements.
While the creation of a City permit is not specifically required, City Engineer Gus
Psihoyos believes that it is the optimum way to adequately track the location and
specifics of the construction sites that the City is required to inspect and ensure
compliance with the State requirements. It also allows the City to recover the cost of
administering the construction site oversight program required by the City's NPDES
MS4 permit and federal law.
The adoption of the draft ESC ordinance will impact development in the following ways:
^ Any development required by State law to obtain State NPDES General Permit
coverage must obtain an Erosion and Sediment Control (ESC) permit from the
City of Dubuque.
The need for establishing the City ESC permit is that the City is required to
inspect all activity requiring a State NPDES General Permit No. 2. The ESC
permit is a sure way to comply with that requirement.
^ Home builders and homeowners may be sighted for violations if they are non-
compliant with the terms set forth in the State NPDES General Permit. While the
City's ESC permit does not change what is required of a home builder or home
owner with the State NPDES General Permit coverage, it is possible that they
are not aware of their responsibilities with regard to the State NPDES General
Permit.
^ Collecting an ESC permit fee moves some of the financial burden associated
with providing the construction oversight required of the City from Dubuque
citizens to the person responsible for the land disturbing activity; it is the most
equitable way to recoup the city's costs. Therefore, an ESC permit fee will be
collected at the time of application. The fee is based on the overall costs to
administer the private construction oversight required of the City. City costs
include time to review the stormwater pollution prevention plan (SWPPP) for the
land disturbing activity, provide training for staff and local contractors, perform
inspections, and see that steps are taken to make sure sites are in compliance
with the city ESC permit and the State NPDES General Permit.
Engineering recommends that the ESC permit fee be established at $285 for
land disturbing activity up to 2 acres. For sites larger than 2 acres, the fee would
be an additional $100 per acre. Annual revenues are estimated at $30,000.
^ Engineering personnel will make periodic inspections, at least once per calendar
quarter, of all permitted sites to ensure compliance with the terms of the ESC
ordinance and the State NPDES General Permit. A violation of a State NPDES
General Permit will constitute a violation of the City's Erosion and Sediment
Control Ordinance. In 2006, Engineering staff inspected 57 construction sites
with active State NPDES permits.
^ If a construction site is found non-compliant with the State NPDES General
Permit or the City's ESC Ordinance, and the site is not brought into compliance,
civil citations and/or work stoppages may be used to promote bringing the site
into compliance. Both are requirements of the City's MS4 permit.
Because the objective of the ESC ordinance and permit is to prevent construction
activity from polluting local waterways, compliance with the ordinance is paramount.
Issuing civil citations or stop work orders is not the goal, although they are important
tools to promote compliance with the ordinance. City staff believes that working closely
with developers, local engineers, contractors, and homebuilders so that they understand
what is required is the most effective way to promote ordinance compliance and prevent
pollutants from fouling Dubuque's local water resources.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
~ ~l
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
THE CITY OF
DuB E MEMORANDUM
~,-~-~
February 13, 2007
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Erosion and Sediment Control Ordinance
INTRODUCTION
The purpose of this memo is to present a proposed amendment to Chapter 44 of the City
of Dubuque Code, adding the new Article VII -Erosion and Sediment Control.
DEFINITIONS
DNR means the Iowa Department of Natural Resources, the designated NPDES permitting
authority for the State of Iowa.
Land Disturbing Activity means activities that include but are not limited to clearing and
grubbing, grading, excavating, filling, and demolition that result in bare soil.
Municipal Separate Storm Sewer System (MS4) means the streets, gutters, conduits,
natural or artificial drains, channels and watercourses, and other facilities that are owned,
operated, maintained or controlled by the City and used for the purpose of collecting,
storing, transporting, or disposing of stormwater.
National Pollutant Discharge Elimination System (NPDES) stormwater Discharge Permit
means a permit issued by the State of Iowa that authorizes the discharge of pollutants to
waters of the United States.
State NPDES General Permit No. 2 means the general permit established by the DNR for
stormwater discharge associated with construction activities with land disturbing activities
of one (1) acre or more.
stormwater Pollution Prevention Plan (SWPPP) means a document required for a State
NPDES General Permit No. 2 that describes the Best Management Practices and activities
to be implemented by a person or business to identify sources of pollution or
contamination at a site and the actions to eliminate or reduce pollutant discharges to
stormwater, stormwater conveyance systems, and/or receiving waters to the maximum
extent practicable.
BACKGROUND
The Fiscal Year 2003-2004 City Council Policy Agenda identified an Erosion Policy as a
"moderate priority."
The City Council established an Erosion Policy and Strategy as a "top priority" for the
Fiscal Year 2004-2005 City Council Policy Agenda.
Since March of 2003, all land disturbing activities of one or more acres are required to
apply to the DNR for coverage under a stormwater discharge permit referred to as a State
NPDES General Permit No. 2. The state permit requires a stormwater Pollution Prevention
Plan (SWPPP) with appropriate best management practices (BMPs) for soil erosion and
sediment controls.
On November 1, 2004 the City Council adopted Resolution 413-04, approving the NPDES
MS4 permit authored by the DNR for the period of September 1, 2004 to August 31, 2009.
The City's NPDES MS4 permit requires that "an ordinance shall be developed or amended
as needed and enforced on all sites for which (State) NPDES permits are required that
requires proper soil erosion and sediment control." In addition, "compliance inspections (by
the City) are also required."
DISCUSSION
Attached is a proposed amendment to Chapter 44 of the City of Dubuque Code, adding
the new Article VII -Erosion and Sediment Control (ESC). The proposed ESC ordinance
is intended to meet the City's requirements as identified in the City's NPDES MS4 permit.
The ESC ordinance provides two essential components: the City ESC Permit and tools to
promote compliance with both the City ESC Permit and the State NPDES General Permit
No. 2. As required, "the ordinance shall require compliance with the Department's Storm
Water General Permit No. 2."
While the creation of a city permit is not specifically required, Engineering believes that it is
the optimum way to adequately track the location and specifics of the construction sites
that the City is required to inspect and ensure compliance with the State NPDES General
Permit No. 2. It also allows the City to recover the cost of administering the construction
site oversight program required by the City's NPDES MS4 permit and federal law.
The tools afforded the City by the ESC ordinance, tools to promote compliance with the
State NPDES General Permit No. 2, include the ability to:
o Enter onto private property to perform compliance inspections. The City's MS4
Permit requires that each site be inspected once per calendar quarter;
ESC Ordinance, Page 2 of 10
^ Issue civil citations for each condition of State NPDES General Permit No. 2 non-
compliance;
^ Enter onto private property to abate a violation if a violator fails to complete a
remediation or restoration as set forth in a schedule with conditions of non-
compliance issued by the City. The cost of the abatement would be born by the
violator; and
^ Stop all construction activities on the site until conditions of non-compliance are
corrected.
The ESC ordinance states that it applies to all land disturbing activity. However, the
requirement to obtain a City ESC Permit is limited to construction activity for which a State
NPDES permit is required. Currently, State NPDES General Permit No. 2 coverage is
required for all construction with land disturbing activities of 1 acre or more. In addition,
construction activities less than 1 acre must obtain coverage if they are part of a larger
common plan of development or sale that totals at least 1 acre. Coverage under the State
NPDES General Permit No. 2 and City ESC Permit are required for:
o Each lot of a subdivision, no matter how small each lot is, if the total combined area
of land disturbance on all of the lots is at least one acre;
^ The redevelopment of a site where the land disturbing activity is at least one acre;
^ The development of a lot with less than an acre if the lot was part of a larger
development that occurred after March 10, 2003 (date that threshold was reduced
from 5 acres to 1 acre) and the combined area of land disturbing activity was at
least 1 acre; and
^ The development of a lot with less than an acre if the lot was part of a larger
development that occurred after November 16, 1990 and the combined area of land
disturbing activity totaled at least 5 acres.
The State NPDES General Permit No. 2 and City ESC Permit do not address:
^ Construction activity that disturbs less than an acre and was never part of a larger
development that disturbed an acre or more of land;
^ Construction activity that disturbs less than an acre and was part of a larger
development that disturbed more than an acre but less than 5 acres but the larger
development occurred prior to March 10, 2003;
^ Construction activity that disturbs less than an acre and was part of a larger
development that disturbed at least 5 acres but the larger development occurred
prior to November 16, 1990; and
ESC Ordinance, Page 3 of 10
^ The redevelopment of a site if the total area disturbed for the redevelopment is less
than an acre and is not part a larger common plan of redevelopment or sale that
totals at least 1 acre.
The City's illicit discharge ordinance that has been in effect since February of 2003
prohibits sediment from leaving a property and entering into the City's stormwater drainage
system. To the best of Engineering's knowledge, there are no City ordinances that address
sediment leaving a property and causing damage on the adjacent property. In those
situations it would be the respective property owners to reconcile.
Ordinance Development
After reviewing several ordinances from other communities in Iowa and across the country
with similar NPDES requirements, Engineering used a model ordinance obtained through
the City's association with the Iowa Association of Municipal Utilities (IAMU) as a starting
point. See attachment. With legal review by Gordon Greta of Ahlers & Cooney, P.C., it was
prepared by a committee coordinated by IAMU with DNR funding. The committee included
representatives from other Iowa communities, IAMU, DNR, National Resource
Conservation Service, and Urban Resources & Borderland Alliance Network (URBAN).
The model ordinance form was modified to match Dubuque's Code. In addition, some
provisions were added, some deleted, and some modified to meet the specific
requirements of Dubuque's MS4 permit.
Changes from the model ordinance and the proposed ESC ordinance are as follows:
IAMU Model Ordinance Pro osed ESC Ordinance
Outlines a city "COSESCO" Permit, an Outlines a city "ESC" Permit, an acronym
acronym for Construction Site Erosion and for Erosion and Sediment Control permit.
Sediment Control permit.
Has a provision that outlines a permit fee Has a provision that an applicant "shall
schedule. It requires that a site pay an pay a permit fee as established by the City
inspection fee for each inspection required Manager."
by the ordinance.
This approach allows adjustments to the
permit fee without an ordinance
amendment.
Engineering is recommending an upfront
permit fee based on cost-accountings of
activities required of City staff associated
with this ordinance. A more detailed
discussion of the pro osed fee follows.
Both the IAMU model ordinance and the Engineering does not recommend any of
draft ESC ordinance require that a the "optional" SWPPP requirements at this
SWPPP "comply with all current minimum time.
mandato re uirements for SWPPPs
ESC Ordinance, Page 4 of 10
IAMU Model Ordinance Pro osed ESC Ordinance
promulgated by the DNR in connection
with issuance of a State NPDES General
Permit No. 2."
The IAMU ordinance offers several
"Optional" SWPPP requirements for each
city to consider "which optional standards,
if an , it chooses to im ose."
Section 6 of the IAMU ordinance entails a The purpose of the performance bond or
"Performance Bond or Cash Security" cash security is to require that the site
requirement. But as Ahlers & Cooney, P.C. developer provide the City the financial
acknowledge, "the financial security resources necessary to mitigate deficient
provisions of this (section) are stringent." erosion control measures.
The proposed ESC ordinance would allow
the City or the City's agent to enter onto
the property, perform the necessary
measures to abate the violation and/or
restore the property AND levied as an
assessment a ainst the ro ert .
Section 7 of the IAMU ordinance outlines The proposed ESC ordinance outlines an
an appeal process. appeal process consistent with other
rovisions of the Cit 's Code.
Provisions added to the proposed ESC ordinance not in the IAMU ordinance are outlined
below:
1) The ESC ordinance includes definitions;
2) The ESC ordinance includes an "Applicability" section stating that the ordinance
applies to all land disturbing activities;
3) The ESC ordinance establishes that the City Manager is responsible for
enforcing the provisions of the ordinance;
4) The ESC ordinance includes a provision that the article does not intend nor
imply that compliance will ensure that there will be no erosion or sedimentation
nor does it negate a person's responsibility to obtain and adhere to the
provisions of the State NPDES General Permit No. 2;
5) The ESC ordinance requires that the permit application be signed with a
commitment by the applicant to defend, indemnify and hold the City harmless
from any and all claims, damages or suits in connection with the applicant's
State NPDES General Permit No. 2 or City ESC Permit;
6) The ESC ordinance includes a provision requiring that a person inform the City
when they are filing to discontinue a State NPDES General Permit No. 2; and
7) The ESC ordinance includes a provision making it an ordinance violation if
persons are non-compliant with a provision of the State NPDES General Permit
ESC Ordinance, Page 5 of 10
No. 2. This is specifically required in the City's MS4 Permit. And while it may be
inherent in the IAMU ordinance, Engineering recommends that it is implicitly
stated.
8) Both the IAMU and proposed ordinances include a requirement that all persons
required by law or administrative rule to obtain a State NPDES General Permit
No. 2 from the DNR are required to obtain a City ESC Permit in addition to and
not in lieu of the State NPDES General Permit No. 2. The proposed ordinance
extends this requirement to all persons with active State permits. Anyone who
has a State permit at the time of publication will be required to obtain a City ESC
permit.
In October, City staff received correspondence from a coalition consisting of the
Associated General Contractors of Iowa, Iowa Association of Business and Industry, Iowa
Association of Realtors, Manatts Incorporated, and Master Builders of Iowa. It included a
model construction site erosion and sediment control ordinance prepared by the Master
Builders of Iowa. The notable differences between the ordinance proposed by staff and the
Master Builders of Iowa ordinance are presented below.
MBI Model Ordinance Pro osed ESC Ordinance
Includes a clause that a site plan and As outlined by IDNR, the city's "ordinance
SWPPP will automatically be deemed shall require site plan and pollution
"approved by operation of law to the extent prevention plan review and approval by
that the site plan and SWPPP are in the permittee prior to issuance of any
compliance (with the State NPDES permits for the site by the permittee."
General Permit No. 2)" if the City takes no Engineering believes that deeming
action within 15 days of receipt of the site something approved simply because 15
plan and SWPPP. days pass without action is not consistent
with the spirit of the "review and approval"
It outlines a submittal/review/response required of the city by the IDNR.
process with deadlines for both the City
and the applicant. Engineering understands the spirit of the
clause, that a lengthy review period would
delay construction and hamper
development. Engineering believes that
review of the SWPPP will be done within a
day or two of receipt, a much shorter time
period than the 15 days that MBI sites.
By September 1, 2007 the City will not be
able to issue an ESC permit until after site
plan a royal.
Includes an inspection fee that can be Engineering recommends that the fees for
charged for each city inspection. But only the required quarterly inspections be
one inspection fee can be charged per included upfront with the application.
calendar month.
ESC Ordinance, Page 6 of 10
MBI Model Ordinance Pro osed ESC Ordinance
Includes language that outlines work-stop As required by the IDNR, the City's
orders. It allows the applicant to reject a ordinance must include "authority to issue
stop-work order. an order to terminate activities due to
failure to implement or maintain pollution
It allows construction to continue on the control BMPs."
site so long as the construction activity is
not in violation of the SWPPP. Engineering believes that the required
stop-work order is a significant tool that
could be used to bring a site into
compliance in a timely manner.
Engineering believes that the option to
issue the "stop-work" order should include
stopping all construction activity when the
site is non-compliant with local, state, and
federal erosion sediment control
regulations.
City staff understands that the work-stop
order is one of last resort.
Provisions added to the proposed ESC ordinance not in the MBI ordinance are outlined
below:
1) The ESC ordinance includes the creation of a city "ESC" Permit. Engineering
feels that a City permit is necessary to adequately track the location and
specifics of all the construction sites that the City must inspect to insure
compliance with state permit requirements. Currently, there are over 50 such
sites.
2) The ESC ordinance includes definitions;
3) The ESC ordinance includes an "Applicability" section stating that the ordinance
applies to all land disturbing activities;
4) The ESC ordinance establishes that the City Manager is responsible for
enforcing the provisions of the ordinance;
5) The ESC ordinance includes a provision that the article does not intend nor
imply that compliance will ensure that there will be no erosion or sedimentation
nor does it negate a person's responsibility to obtain and adhere to the
provisions of the State NPDES General Permit No. 2;
6) The ESC ordinance requires that the permit application be signed with a
commitment by the applicant to defend, indemnify and hold the City harmless
from any and all claims, damages or suits in connection with the applicant's
State NPDES General Permit No. 2 or City ESC Permit;
ESC Ordinance, Page 7 of 10
7) The ESC ordinance includes provisions requiring that the City must be kept
informed when there is a change to parties responsible for permit compliance. It
requires City notification when either filing to transfer or discontinue a State
NPDES General Permit No. 2. This enables City staff to track active permits and
the parties responsible for compliance thereto;
8) The ESC ordinance requires that the pollution prevention plan for a site be
prepared by the appropriate credentialed professional. Specifically, the SWPPP
must "be prepared by a licensed professional engineer or a licensed landscape
architect or a licensed professional in erosion and sediment control or a
representative of the local Soil and Water Conservation District, credentialed in a
manner acceptable to the City;"
9) The ESC ordinance includes a provision that after September 1, 2007, site plan
approval shall be precedent to the issuance of a City ESC Permit. This is a
IDNR requirement for the City of Dubuque; and
10) The ESC ordinance includes a provision that allows the City to enter onto a
property to abate a violation if the violator fails to complete remediation or
restoration as identified by inspection. The cost of abatement shall be paid by
the violator.
A draft of the ESC ordinance was presented to the Environmental Stewardship Advisory
Commission in September and the Developer's Roundtable in October. Engineering's
notes from the meetings are attached. The notes outline Engineering's response to
suggestions and comments.
Impact to Construction and Development
The adoption of the draft ESC ordinance will impact development in the following ways:
^ Any development required by State law to obtain State NPDES General Permit No.
2 coverage must obtain an Erosion and Sediment Control (ESC) permit from the
City of Dubuque.
The need for establishing the City ESC permit is that the City is required to inspect
all activity requiring a State NPDES General Permit No. 2. The ESC permit is a sure
way to comply with that requirement.
The ESC permit is attached. All of the information required is already required as
part of the State NPDES General Permit No. 2.
^ Home builders and homeowners may be sighted for violations if they are non-
compliant with the terms set forth in the State NPDES General Permit No. 2. While
the City's ESC permit does not change what is required of a home builder or home
owner with State NPDES General Permit No. 2 coverage, it is possible that they are
not aware their responsibilities with regard to the State NPDES General Permit No.
2.
ESC Ordinance, Page 8 of 10
^ Collecting an ESC permit fee moves some of the financial burden associated with
providing the construction oversight required of the City from Dubuque citizens to
the person responsible for the land disturbing activity; it is the most equitable way to
recoup the city's costs. Therefore, an ESC permit fee will be collected at the time of
application. The fee is based on the overall costs to administer the private
construction oversight required of the City. City costs include time to review the
stormwater pollution prevention plan (SWPPP) for the land disturbing activity,
provide training for staff and local contractors, perform inspections, and see that
steps are taken to make sure sites are in compliance with the city ESC permit and
State NPDES General Permit No. 2.
Engineering recommends that the ESC permit fee be established at $285 for land
disturbing activity up to 2 acres. For sites larger than 2 acres, the fee would be an
additional $100 per acre.
^ Engineering personnel will make periodic inspections, at least once per calendar
quarter, of all permitted sites to ensure compliance with the terms of the ESC
ordinance and the State NPDES General Permit No. 2. A violation of a State
NPDES General Permit No. 2 will constitute a violation of the City's Erosion and
Sediment Control Ordinance. In 2006, Engineering staff inspected 57 construction
sites with active State NPDES permits.
^ If a construction site is found non-compliant with the State NPDES General Permit
No. 2 or the City's ESC Ordinance, and the site is not brought into compliance, civil
citations and/or work stoppages may be used to promote bringing the site into
compliance. Both are requirements of the City's MS4 permit.
Just as City staff has had to learn the requirements outlined in the State NPDES General
Permit No. 2, many local contractors, developers, engineers, and home builders may not
understand all that the law requires of them with regard to erosion and sediment control. In
December, the City put on a workshop and invited all local State NPDES General Permit
No. 2 holders to learn "how to avoid construction site fines." A copy of the agenda is
attached. A similar meeting is scheduled for March 20, 2007 at which time City staff will
meet with local engineers, developers, and home builders to discuss the City ESC Permit
and the State NPDES General Permit No. 2 requirements. The goal is to empower local
developers, engineers, contractors, and homebuilders to avoid violations.
Because the objective of the ESC ordinance and permit is to prevent construction activity
from polluting local waterways, compliance with the ordinance is paramount. Issuing civil
citations or stop work orders is not the goal, although they are important tools to promote
compliance with the ordinance. City staff believes that working closely with developers,
local engineers, contractors, and homebuilders so that they understand what is required is
the most effective way to promote ordinance compliance and prevent pollutants from
fouling Dubuque's local water resources.
ESC Ordinance, Page 9 of 10
RECOMMENDATION
I recommend amending Chapter 44 of the City of Dubuque Code by adding the new Article
VII -Erosion and Sediment Control.
ACTION TO BE TAKEN
I respectfully request that the City Council consider and approve the amendment to
Chapter 44 of the City of Dubuque Code of Ordinances regarding Erosion & Sediment
Control for land disturbing activities.
Attachments
Prepared by Deron Muehring
cc: Barry Lindahl, City Attorney
Laura Carstens, City Planner
Rich Russell, Building Services Manager
Deron Muehring, Civil Engineer II
ESC Ordinance, Page 10 of 10
ORDINANCE NO. 6-07
AMENDING CHAPTER 44 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES BY ADDING A NEW ARTICLE VII. EROSION AND SEDIMENT
CONTROL, PROVIDING FOR THE REGULATION OF LAND DISTURBING
ACTIVITY; ESTABLISHING THE REQUIREMENTS FOR A PERMIT FOR
SUCH ACTIVITY AND THE PROCEDURES FOR MONITORING SUCH
ACTIVITY; AND PROVIDING FOR VIOLATIONS AND ENFORCEMENT OF
SUCH REQUIREMENTS
Whereas, the City Council of the City of Dubuque, Iowa desires to provide
for the health, safety, and general welfare of the citizens of the City of Dubuque
through the regulation of erosion and sedimentation to the maximum extent.
practicable and as required by federal and state law; and
Whereas, soil is most vulnerable to erosion by wind and water during soil
disturbing activities and eroded soil necessitates repair of sewers and ditches
and dredging of rivers, and harbors, accelerates downstream bank erosion and
damage to public and private property, damages water resources and wetlands
by reducing water quality, and causes the siltation of aquatic habitat; and
Whereas, the United States Environmental Protection Agency National
Pollutant Discharge Elimination System (NPDES) permit program (the Program)
administered by the Iowa Department of Natural Resources (IDNR) requires that
cities that meet certain demographic and environmental impact criteria obtain
from the IDNR for the discharge of storm water from a Municipal Separate Storm
Sewer System (MS4) an NPDES permit (MS4 Permit); and
Whereas, the City of Dubuque (City) is subject to the Program and is
required to obtain, and has obtained, an MS4 Permit; and
Whereas, the Program requires certain individuals engaged in land
disturbing activity (an Applicant or Applicants) to submit an application to the
IDNR for a State NPDES General Permit No. 2; and
Whereas, as a condition of City's MS4 Permit, City is obliged to undertake
primary responsibility for inspection, monitoring and enforcement procedures to
promote an Applicant's compliance with a State NPDES General Permit No. 2;
and
Whereas, the objectives of this Ordinance are:
(1) To allow development while minimizing erosion and sedimentation;
(2) To reduce water quality impacts to receiving water resources caused
by land disturbing activities;
1
(3) To establish legal authority to carry out all inspection, surveillance and
monitoring procedures necessary to ensure compliance with this
Ordinance and the City's MS4 Permit; and
(4) To establish the City Erosion and Sediment Control Permit (City ESC
Permit) in addition to and not in lieu of a State NPDES General Permit
No. 2.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA, AS FOLLOWS:
Section 1. Chapter 44 of the City of Dubuque Code of Ordinances is
hereby amended by adding thereto the following:
ARTICLE VII. EROSION AND SEDIMENT CONTROL
Sec. 44-310. Definitions.
The following words, terms and phrases, when used in this Article, shall
have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning:
Applicant means a person, firm, sole proprietorship, partnership, corporation,
state agency or political subdivision required by law or administrative rule to
apply to the IDNR for a State NPDES General Permit No. 2 and a City ESC
Permit.
Bare Soil means soil exposed and unprotected from soil erosion.
Building Permit means a document issued under the authority of the City
Manager which authorizes the construction or modification of a structure on a
property.
City Manager means the City Manager or the City Manager's designee.
Clean Water Act means the federal Water Pollution Control Act, 33 U.S.C. §
1251 et seq., and any amendments thereto.
Construction Activity means activities subject to NPDES Construction Permits
that result in disturbance of one (1) acre or more. Such activities include but are
not limited to clearing and grubbing, grading, excavating, filling, and demolition.
IDNR means the Iowa Department of Natural Resources.
Erosion and Sediment Control means the control of soil, both mineral and
organic, to minimize the removal of soil from the land surface and to prevent its
2
transport from a disturbed area by means of wind, water, ice, gravity, or any
combination of those forces.
Land Disturbing Activity means activities that include but are not limited to
clearing and grubbing, grading, excavating, filling, and demolition that result in
bare soil.
Municipal Separate Storm Sewer System (MS4) means the streets, gutters,
conduits, natural or artificial drains, channels and watercourses, and other
facilities that are owned, operated, maintained or controlled by the City and used
for the purpose of collecting, storing, transporting, or disposing of storm water.
National Pollutant Discharge Elimination System (NPDES) Storm water
Discharge Permit means a permit issued by the Environmental Protection
Agency or by a State under authority delegated pursuant to 33 U.S.C. § 1342(b)
that authorizes the discharge of pollutants to waters of the United States,
whether the permit is applicable on an individual, group, or general area-wide
basis.
Permittee means a person who has been issued a City ESC Permit.
Person means any individual, applicant, association, organization, partnership,
firm, corporation or other entity recognized by law and acting as either the owner
or as the owner's agent.
Sediment means mobile soil particles detached through the process of soil
erosion.
Site Plan means the development plan which shows the existing and proposed
conditions of a site, including topography, vegetation, drainage, flood plains,
wetlands and waterways, landscaping, open spaces, impervious area, utility
services, structures and buildings.
Soil Erosion means the detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
State NPDES General Permit No. 2 means the general permit established by the
Iowa Department of Natural Resources for "Storm Water Associated With
Industrial Activity For Construction Activities" (Land Disturbing 1 Acre or More).
Storm water Pollution Prevention Plan (SWPPP) means a document required for
a State NPDES General Permit No. 2 that describes the Best Management
Practices and activities to be implemented by a person or business to identify
sources of pollution or contamination at a site and the actions to eliminate or
reduce pollutant discharges to storm water, storm water conveyance systems,
and/or receiving waters to the maximum extent practicable.
3
Sec. 44-311. Applicability.
The provisions of this Article apply to all land disturbing.
This Article shall be known, cited and referred to as the Erosion and
Sediment Control Ordinance of the City of Dubuque.
Sec. 44-312. Responsibility for Administration.
The City Manager shall administer, implement, and enforce the provisions
of this Article.
Sec. 44-313. Severability Clause.
The provisions of this Article are hereby declared to be severable. If any
provision, clause, sentence, or paragraph of this Article or the application thereof
to any person, establishment, or circumstances shall be held invalid, such
invalidity shall not affect the other provisions or application of this Article.
Sec. 44-314. Ultimate Responsibility.
The standards set forth herein and promulgated pursuant to this Article
are minimum standards; therefore this Article does not intend nor imply that
compliance by any person will ensure that there will be no erosion or
sedimentation from a land disturbing activity, or contamination, pollution, or other
unauthorized discharge of pollutants. This Article does not relive any person of
the responsibility to obtain a State NPDES General Permit No. 2 and adhering to
the requirements therein, nor does it relieve any person from the responsibility of
following any other applicable local, state, or federal regulation.
Sec. 44-315. Erosion and Sediment Control (ESC) Permit.
(1) City ESC Permit Required. All persons required by law or
administrative rule to obtain the State NPDES General Permit No. 2 from the
IDNR and all persons with an active State NPDES General Permit No. 2 shall
obtain a City ESC Permit in addition to and not in lieu of a State NPDES General
Permit No. 2.
(2) Application Procedure for Obtaining and Maintaining a City ESC
Permit.
(a) Applications for City ESC Permits shall be made on forms
approved by the City Manager and available at the office of the
City Engineer.
(b) An Applicant for a City ESC Permit shall pay a permit fee as
established by the City Manager.
4
(c) An Applicant in possession of a State NPDES General Permit No.
2 issued by the IDNR shall submit to the City Manager with the
application copies of the following:
(i) The Applicant's plans, specifications and supporting
materials prepared in support of the application for a State
NPDES General Permit No. 2;
(ii) The Applicant's authorizations issued pursuant to the
Applicant's State NPDES General Permit No. 2; and
(iii) The Applicant's Storm water Pollution Prevention Plan
(SWPPP) prepared in accordance with this Article.
(d) Every SWPPP submitted to the City Manager in support of an
application for a City ESC Permit shall:
(i) Comply with all current minimum mandatory requirements
for SWPPPs promulgated by the IDNR in connection with
issuance of a State NPDES General Permit No. 2;
(ii) If the Applicant is required by law to file a Joint Application
Form, PROTECTING IOWA WATERS, IOWA
DEPARTMENT OF NATURAL RESOURCES AND U.S.
ARMY CORPS OF ENGINEERS, comply with all mandatory
minimum requirements pertaining to such applications;
(iii) Comply with all other applicable state or federal permit
requirements in existence at the time of the application; and
(iv) Be prepared by a licensed professional engineer, a licensed
landscape architect, a licensed professional in erosion and
sediment control, or a representative of the local Soil and
Water Conservation District, credentialed in a manner
acceptable to the City Manager.
(3) The application form signed by the Applicant for a City ESC Permit shall
include the following statement:
"The undersigned Applicant hereby agrees to defend,
indemnify and hold the City, its officers, and employees harmless
from any and all claims, damages or suits of any kind arising directly
or indirectly out of any act of commission or omission by the
Applicant, or any employee, agent, assign, contractor or
subcontractor of the Applicant, in connection with the Applicant's
State NPDES General Permit No. 2 and/or City ESC Permit."
(4) Upon receipt of an application for a City ESC Permit, if the City
Manager finds that the application complies with this Article, the City Manager
shall issue a City ESC Permit in accordance with this Article. If the City Manager
finds that the application fails to comply with this Article, the City Manager shall
5
provide the Applicant a schedule identifying wherein the application does not
comply with this Article.
(5) Issuance by the City Manager of a City ESC Permit shall be a
condition precedent to the issuance of a City building permit for the land
disturbing activity described in the application. For any application submitted to
the City Manager after September 1, 2007, no City ESC Permit shall be issued
until the Site Plan has been approved by the City Manager.
(6) For so long as any land disturbing activity is subject to a State NPDES
General Permit No. 2, the City ESC Permit shall be required. At all times while
the land disturbing activity is being conducted, the Permittee shall provide the
City with the following current information:
(a) The name, address and telephone number of the person on site
designated by the property owner where the land disturbing activity
is being conducted who is knowledgeable and experienced in
erosion and sediment control and who will oversee compliance
with a State NPDES General Permit No. 2 and the City ESC
Permit; and
(b) The name(s), address(es) and telephone number(s) of the
contractor(s) and/or subcontractors(s) who will implement each
erosion and sediment control measure identified in the SWPPP.
(7) Transfer of ESC Permit responsibilities. Upon the sale of property for
which a City ESC Permit has been issued, the Permittee may transfer the City
ESC Permit to the new property owner if the Permittee provides the City
Manager with written confirmation that the Permittee has transferred a State
NPDES General Permit No. 2 in accordance with the guidelines established by a
State NPDES General Permit No. 2 and the Permittee pays the permit transfer
fee established by the City Manager. The Permittee shall notify the City Manager
of any application to the IDNR for the release of any property from a State
NPDES General Permit No. 2. Absent such written confirmation of transfer, the
Permittee shall remain responsible for City ESC Permit compliance on the
property sold.
(8) A Permittee who discontinues a State NPDES General Permit No. 2
shall immediately submit to the City Manager copies of the materials and
documents submitted to the IDNR in support of the discontinuation.
Sec. 44-316. Duty to Comply with State NPDES General Permit No. 2.
(1) Non-compliance with any provision of a State NPDES General Permit
No. 2 by any person required by law or administrative rule to comply with the
terms of a State NPDES General Permit No. 2 constitutes a violation of this
Article.
6
(2) Each failure to comply with a State NPDES General Permit No. 2 shall
constitute a separate violation of this Article.
Sec. 44-317. Permit Monitoring Procedures.
(1) Upon issuance of a State NPDES General Permit No. 2 or a City ESC
Permit, a Permittee shall monitor site conditions and perform inspections in a
manner consistent with State NPDES General Permit No. 2 requirements and to
report to the City Manager any change of circumstances or site conditions which
the Permiee knows or should know poses a risk of storm water discharge in a
manner inconsistent with the Permittee's SWPPP, State NPDES General Permit
No. 2 and/or City ESC Permit.
(2) The City Manager may enter upon any property where land disturbing
activity is being conducted to determine compliance with this Article.
(3) Prior to initiating any land disturbing activity that requires a City ESC
Permit, the Permittee shall notify the City Manager when all measures required
by the Applicant's SWPPP have been accomplished on-site.
(4) Upon issuance of a City ESC Permit, the City Manager shall conduct
an inspection at least once each calendar quarter to monitor and report on
compliance with a State NPDES General Permit No. 2 and the City ESC Permit.
(5) At any time the City Manager receives any information that the site
conditions pose a risk of storm water discharge in a manner inconsistent with the
Permittee's SWPPP, State NPDES General Permit No. 2 and/or City ESC
Permit, the City Manager shall provide the Permittee with a schedule identifying
the conditions of non-compliance. The Permittee shall immediately commence
corrective action and shall complete such corrective action within twenty-four (24)
hours after receipt of the schedule. For good cause shown, the City Manager
may extend the deadline for completing such corrective action.
Sec. 44-318. Violation.
(1) Municipal Infraction. A violation by any person of any provision of this
Article, including the commencing, constructing, causing, or permitting the
commencement of any land disturbing activity without a City ESC Permit as
required by this Article, constitutes a municipal infraction.
(2) Abatement Required. The City Manager may order compliance with
this Article by written notice of violation to a person violating this Article setting
forth the time within which remediation or restoration must be completed and that
if the person fails to complete such remediation or restoration within such time,
7
the City shall cause such remediation or restoration work to be done and the
person shall be liable for such costs.
(3) Stop Work Order. The City Manager may issue an order to stop all
construction activities on any property where land disturbing activity is being
conducted until conditions of non-compliance with this Article are corrected.
Construction activity, other than that which is required to correct a condition of
non-compliance, prior to the correction of the conditions of non-compliance, shall
constitute a violation of this Article.
Sec. 44-319. Appeal of Notice of Violation.
The determination by the City Manager of a violation of this Article may be
appealed by an aggrieved party to the City Council, provided written notice of
appeal is received by the City Manager within 15 days from the date of the notice
of violation. Upon hearing, the City Council may rescind, modify or affirm the
notice of violation.
Sec. 44-320. Enforcement Measures.
The City Manager may enter upon any property where land disturbing
activity is being conducted and take any and all action necessary to abate any
violation of this Article and/or remediate or restore the property to its condition
prior to the land disturbing activity. It shall be a violation of this Article for any
person to refuse to allow the City Manager to enter upon property for such
purposes.
Sec. 44-321. Cost of Abatement of the Violation.
Within 30 days after abatement of a violation of this Article, the owner of
the property shall be notified in writing by the City Manager of the cost of
abatement, including administrative costs. The property owner may file a written
protest with the City Manager objecting to the amount of the cost of abatement
within 15 days thereafter. If the cost of abatement is not paid to the City within 60
days after the date of the notice, the cost of abatement shall certified by the City
Clerk to the Dubuque County Treasurer in the manner of a special assessment
against the property and shall constitute a lien on the property.
Sec. 44-322. Injunctive Relief.
The City Manager may seek equitable relief restraining any person from
any activity in violation of this Article including compelling the performance of
abatement or remediation of such violation.
8
Sec. 44-323. Violations Deemed A Public Nuisance.
Any condition caused or permitted to exist in violation of any of the
provisions of this Article constitutes a threat to public health, safety, and welfare,
and is hereby declared and deemed a public nuisance.
Sec. 44-324. Remedies Not Exclusive.
The remedies provided in this Article shat( not be deemed exclusive of any
other remedies available under any applicable federal, state or local law.
Section 2. This Ordinance shall take effect upon publication.
Passed, approved and adopted this 20th day of February, 2007.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
THE CITY OF
City of Dubuque DUB E
Erosion and Sediment Control (ESC) Permit
~~ ~""~'.
O1) Address of Property
02) Legal Description of Property
03) Number of Site Acres
Approximate Number of Disturbed Acres
04) State NPDES General Permit #2 Authorization Number
OS) General Purpose of Land Disturbing Activity
06) Owner Information:
Name
Address
Office Phone
Cell Phone
Fax
07) Individual /Organization Overseeing NPDES Compliance or Engineer /Designer (if applicable):
Name
Address
Office Phone
Cell Phone
Fax
08) Operator (Person with day-to-day control of activities occurring at the construction site):
Name
Address
Office Phone
Cell Phone
Fax
09) Additional Information:
The owner shall be responsible for the removal of all debris spilled or washed onto adjoining properties and City right-of--way during
construction. Fines may be issued for any illicit discharges, or any other instance which is in violation of an NPDES permit. SWPPP plans
must be approved before ESC permit becomes active.
The undersigned Applicant hereby agrees to defend, indemnify and hold the City, its officers, and employees harmless from any and all
claims, damages or suits of any kind arising directly or indirectly out of any act of commission or omission by the Applicant, or any
employee, agent, assign, contractor or subcontractor of the Applicant, in connection with the Applicant's State NPDES General Permit No.
2 and/or City ESC Permit.
10) Co-applicant Signatures (both required):
Owner Signature
Operator Signature
Date
Date
To be completed by City Staff:
Permit Fee (based on size of project)
Permit No:
Date Effective:
Signature:
Plans and Specs
Notice of Intent
SWPPP
Submittals:
Yes No
Yes No _
Yes No _
NPDES GENERAL PERMIT NO. 2
TABLE OF CONTENTS
PART I. COVERAGE UNDER THIS PERMIT ................................................................................1
A. PERMIT AREA ................................................................................................................................1
B. ELIGIBILITY ....................................................................................................................................1
C. REQUIRING AN INDIVIDUAL PERMIT .............................................................................................1
D. AUTHORIZATION ............................................................................................................................2
PART II. NOTICE OF INTENT (NOI) REQUIREMENTS .............................................................2
A. DEADLINES FOR FILING A NOTICE OF INTENT .............................................................................2
B. FAILURE TO NOTIFY ......................................................................................................................3
C. CONTENTS OF THE NOTICE OF INTENT ........................................................................................3
D. WHERE TO SUBMIT ........................................................................................................................4
E. RENOTIFICATION ...........................................................................................................................4
F. TRANSFER OF COVERAGE UNDER THIS PERMIT ..........................................................................4
G. NOTICE OF DISCONTINUATION .....................................................................................................4
PART III. SPECIAL CONDITIONS, MANAGEMENT PRACTICES, AND OTHER NON-
NUMERIC LIMITATIONS .................................................................................................................5
A. PROHIBITION ON NON-STORM WATER DISCHARGES ..................................................................5
B. RELEASES IN EXCESS OF REPORTABLE QUANTITIES ...................................................................5
PART IV. STORM WATER POLLUTION PREVENTION PLANS ...............................................5
A. DEADLINES FOR POLLUTION PREVENTION PLAN PREPARATION AND COMPLIANCE .................5
B. SIGNATURE AND PLAN REVIEW .....................................................................................................5
C. KEEPING PLANS CURRENT ...........................................................................................................6
D. CONTENTS OF THE POLLUTION PREVENTION PLAN ....................................................................6
PART V. RETENTION OF RECORDS ...........................................................................................10
PART VI. STANDARD PERMIT CONDITIONS ...........................................................................10
A. DUTY TO COMPLY ........................................................................................................................10
B. CONTINUATION OF THE EXPIRED GENERAL PERMIT ................................................................10
C. NEED TO HALT OR REDUCE ACTIVITY NOT A DEFENSE ...........................................................10
D. DUTY TO MITIGATE .....................................................................................................................10
E. DUTY TO PROVIDE INFORMATION .............................................................................................. 11
F. OTHER INFORMATION ................................................................................................................. 11
G. SIGNATORY REQUIREMENTS ...................................................................................................... 11
H. CERTIFICATION ........................................................................................................................... 11
I. OIL AND HAZARDOUS SUBSTANCE LIABILITY .............................................................................. 11
J. PROPERTY RIGHTS ....................................................................................................................... 11
K. SEVERABILITY ............................................................................................................................. 12
L. TRANSFERS .................................................................................................................................. 12
M. PROPER OPERATION AND MAINTENANCE ................................................................................ 12
N. INSPECTION AND ENTRY ............................................................................................................. 12
O. PERMIT ACTIONS ........................................................................................................................ 12
P. ENVIRONMENTAL LAWS .............................................................................................................. 12
PART VII. REOPENER CLAUSE ....................................................................................................12
PART VII1. DEFINITIONS ...............................................................................................................12
ii
Iowa Department of Natural Resources NPDES General Permit No. 2
STORM WATER DISCHARGE ASSOCIATED WITH INDUSTRIAL ACTIVITY FOR CONSTRUCTION ACTIVITIES
PART L COVERAGE UNDER THIS PERMIT
A. PERMIT AREA. This permit covers all areas
of the State of Iowa.
B. ELIGIBILITY.
1. A. Except for discharges identified under
Parts I.B.2. and I.B.3., this permit may
authorize the discharge of storm water
associated with industrial activity from
construction sites, (those sites or common
plans of development or sale that will result
in the disturbance of one or more acres total
land area), (hereafter referred to as storm
water discharge associated with industrial
activity for construction activities) occurring
after the effective date of this permit
(including discharges occurring after the
effective date of this permit where the
construction activity was initiated before the
effective date of this permit), including storm
water discharge associated with industrial
activity from areas that are dedicated to
producing earthen materials, such as soils,
sand and gravel, for use at a single
construction site.
B. This permit may authorize storm water
discharge from a construction site that is
mixed with storm water discharge associated
with industrial activity from sources other
than construction activities provided that the
storm water discharge from the industrial
(non-construction) source is in compliance
with the terms of a NPDES general permit,
other than this general permit, or individual
permit authorizing such discharge. In
addition, the storm water other than from
construction, shall be in compliance with Part
IV.D.6. of this permit.
2. LIMITATIONS ON COVERAGE. The following
storm water discharges associated with
industrial activity for construction activities
are not authorized by this permit:
A. storm water discharges that are mixed
with sources of non-storm water other than
EFFECTIVE DATE -OCTOBER t, 2002 TO OCTOBER 1, 2007
discharges identified in Part IILA.2. of this
permit;
B. storm water discharges associated with
industrial activity for construction activities
which are covered by an existing individual
NPDES permit or which are issued a permit
in accordance with Part I.C. of this permit.
Storm water discharges authorized by an
existing individual NPDES permit will be
eligible to apply for coverage under this
general permit as the existing individual
permit expires; and
C. storm water discharges associated with
industrial activity for construction activities
that the Iowa Department of Natural
Resources has determined to be or may
reasonably be expected to be contributing to
a violation of a water quality standard.
3. EXCLUSIONS. The following "storm water
discharges associated with industrial activity"
from construction activities do not require a
NPDES permit:
discharges from agricultural and silvicultural
activities including storm water runoff from
orchards, cultivated crops, pastures, range
lands, and forest lands, but not discharges
from concentrated animal feeding operations
as defined in 40 CFR 122.23, concentrated
aquatic production facilities as defined in 40
CFR 122.24, discharges to aquaculture
projects as defined in 40 CFR 122.25, and
discharges from silvicultural point sources as
defined in 40 CFR 122.27.
C. REQUIRING AN INDIVIDUAL PERMIT.
1. The Department may require any person
authorized by this permit to apply for and
obtain an individual NPDES permit. The
Department may require any owner or
operator authorized to discharge under this
permit to apply for an individual NPDES
permit only if the owner or operator has been
notified in writing that a permit application is
required. This notice shall include a brief
IOWA DEPARTMENT OF NATURAL RESOURCES NPDES GENERAL PERMIT NO. 2
STORM WATER DISCHARGE ASSOCIATED WITH INDUSTRIAL ACTIVITY FOR CONSTRUCTION ACTIVI"PIES
EFFECTIVE DATE -OCTOBER 1, 2002 TO OCTOBER 1, 2007
statement of the reasons for this decision, an
application form, a statement setting a
deadline for the owner or operator to file the
application, and a statement that on the
effective date of the individual NPDES
permit, coverage under this general permit
shall automatically terminate. If an owner or
operator fails to submit an individual NPDES
permit application required by the
Department under this paragraph, coverage of
this general permit automatically is
terminated at the end of the day specified for
submittal of the individual NPDES
application.
2. Any person authorized to discharge under
this permit may apply for an individual
NPDES permit. In such cases, the discharger
shall submit the following in accordance with
the requirements of subrule (567)--64.3(4) in
the Iowa Administrative Code:
A. an individual application, using DNR
Form 1 and EPA Form 2F, and,
B. all applicable fees identified in rule
(567)--64.16 in the Iowa Administrative
Code.
LB. of this permit to be authorized to
discharge under this general permit.
Z. Unless notified by the Department to the
contrary, dischargers who submit a Notice of
Intent (NOI) in accordance with the
requirements of Part II of this permit are
authorized to discharge storm water
associated with industrial activity for
construction activities under the terms and
conditions of this permit on the date the
completed Notice of Intent was received by
the Department or the date construction is
scheduled to begin as provided on Form 542-
1415 (Notice of Intent) whichever is later.
Upon review of the Notice of Intent, the
Department may deny coverage under this
permit and require submittal of an application
for an individual NPDES permit.
PART II. NOTICE OF INTENT (NOI)
REQUIREMENTS
A. DEADLINES FOR FILING A NOTICE OF
INTENT.
3. When an individual NPDES permit is issued
to a discharger covered under this general
permit, the applicability of this general permit
to the individual NPDES permittee is
automatically terminated on the effective date
of the individual NPDES permit.
When an individual NPDES permit is denied
to a discharger otherwise subject to this 2.
permit, the applicability of this permit to the
individual NPDES permittee is automatically
terminated on the date of such denial, unless
otherwise specified by the Department.
D. AUTHORIZATION.
Except as provided in Parts II.A.2. and II.A.3.
of this permit, Individuals who intend to
obtain coverage for an existine storm water
discharge associated with industrial activity
for construction activities which expired on or
after October 1, 2002, shall submit a complete
Notice of Intent (NOI) in accordance with the
requirements of Part II.C. on or before April 1,
2003.
For storm water discharge associated with
industrial activity for construction activities
where construction begins after October 1,
1992, the NOI requirements specified in Part
II.C. of this permit shall be submitted to the
Department at least 24 hours prior to the start
of construction.
A discharger must submit a Notice of Intent 3. DEFERMENTS. The application deadline and
(NOI) in accordance with the requirements of requirements for storm water discharge
Part II of this permit in order for storm water associated with industrial activity for
discharge associated with industrial activity construction activities in which the discharge
for construction activities pursuant to Part is owned or operated by a municipality
IOWA DEPARTMENT OF NATURAL RESOURCES NPDES GENERAL PERMIT NO. 2
STORM WATER DISCHARGE ASSOCIATED WITH INDUSTRIAL ACTIVI"fY FOR CONSTRUCITON ACTIVITIES
EFFECTIVE DATE -OCTOBER 1, 2002 To OCTOBER I, 2007
serving a population less than 100,000 have
been waived until March 10, 2003.
B. FAILURE TO NOTIFY. Dischargers who fail to
notify the Department of their intent to be
covered, and discharge pollutants to water of
the United States within Iowa, without an
NPDES permit, are in violation of the Clean
Water Act and the Code of Iowa.
E. An indication if any existing
quantitative data is available describing the
concentration of pollutants in storm water
discharges and a summary of available
existing data. (Existing data should not be
included as part of the NOI, it should retained
as part of the Pollution Prevention Plan).
F. A brief description of the project; an
estimated timetable for major activities; and,
an estimate of the number of acres of the site
on which soil will be disturbed.
C. CONTENTS OF THE NOTICE OF INTENT. A
complete Notice of Intent shall include the
items described in Parts II.C.1., II.C.2., and
^.C.3. of this permit.
1. A completed Notice of Intent (NOI) form,
DNR Form 542-1415, signed in accordance
with Part VI.G. of this permit. The
information on the form shall include the
following:
A. Name, address, and location of the
construction site for which this notification is
submitted. The location should be provided
as the 1/4 section, township, range, and the
county in which the storm water discharge is
located.
B. The owner's name, address, telephone
number, and status (federal, state, private,
public or other entity).
C. The name, address and telephone
number of any operator (contractor) that has
been identified as having a role in the storm
water pollution prevention plan for the site
required under Part IV.D.7. of this permit.
Contractors (operators) identified after the
submittal of the completed Notice of Intent
shall be identified in the pollution prevention
plan.
2.
D. The type of discharge (new or existing
as related to October 1, 1992); whether or not
the discharge is to a municipal separate storm
sewer system; the date the discharge is to 3.
commence; the permit status of the discharge;
and, the name of the receiving waters.
c. A certification that compliance with
G.(1) through G.(4). are met:
G.(1). the pollution prevention plan has
been developed before this Notice of Intent is
submitted to the Department;
c.(2). the pollution prevention plan will
be implemented on October 1, 1992 for any
existing storm water discharge associated
with industrial activity for construction
activities. For a storm water discharge
associated with industrial activity for
construction activities that commence after
October 1, 1992, the pollution prevention
plan shall be implemented with the start of
construction activities;
G.(3). this Notice of Intent will be
included and incorporated into the pollution
prevention plan and will be updated as
required; and,
c.(4). the storm water pollution
prevention plan provides compliance with
section 467A.64 of the Code of Iowa and
local sediment and erosion plans and are
consistent with the requirements of Part IV of
this general permit.
APPLICABLE FEES. The applicable fees
specified in Iowa Administrative Code 567 --
64.16(455B).
PUBLIC NOTIFICATION. A demonstration
that the public notice specified in Iowa
Administrative Code 567--64.6(1)"c"(2) was
published at least one day, in at least two
IOWA DEPAR'TMERI' OF NATURAL RESOURCES NPDES GENERAL PERMIT NO. 2
STORM WATER DISCHARGE ASSOCIATED WITH INDUSTRIAL ACTIVITY FOR CONSTRUCTION ACTIVITIES
EFFECTIVE DATE -OCTOBER 1, 2002 TO OCTOBER 1, 2007
newspapers with the largest circulation in the including when the transferred property is
area in which the facility is located or the less than five acres in area. If the new
activity will occur. owner(s) agree in writing to be solely
responsible for compliance with the
provisions of this permit for the property
D. WHERE TO SUBMIT. Facilities which which has been transferred, then the existing
discharge storm water associated with permittee(s) shall be relieved of responsibility
industrial activity for construction activities for compliance with this permit for the
must submit items described in Parts II.C.1., transferred property, from and after the date
2., and 3. of this permit to the Department at the Department receives written notice of
the following address: transfer of responsibility. A copy of the
notice of transfer of responsibility shall be
Storm Water Coordinator included in the pollution prevention plan.
Iowa Department of Natural Resources
Henry A. Wallace Building G. NOTICE OF DISCONTINUATION.
502 E. 9th St.
Des Moines, IA 50319-0034 1. Within 30 days after final stabilization at a
construction site (as defined in Part VIII of
E. RENOTIFICATION. Within 180 days after this this permit), the operator or owner of the
general permit expires, the permittee is facility shall submit a Notice of
required to resubmit a completed Notice of Discontinuation to the Department.
Intent with the Department for coverage
under the new general permit. If a general 2. The Notice of Discontinuation shall include
permit has not been reissued within 180 days the following information:
after expiration, the storm water discharger
must apply for an individual NPDES permit A. the name of the owner/operator to which
according to the procedures identified in the permit was issued;
Iowa Administrative Code 567--64.3(4).
B. the general permit number and permit
F. TRANSFER OF COVERAGE UNDER THIS authorization number;
PERMIT. For storm water discharge
associated with industrial activity for c. the date the construction site reached
construction activities where the ownership final stabilization; and,
changes, the Department must be notified of
the title transfer within 30 days. If a storm D. the following certification signed in
water discharge associated with industrial accordance with Part VI.G. of this permit:
activity for construction activities is covered
by this general permit, the new owner(s) shall "I certify under penalty of law that disturbed
be subject to all terms and conditions of this soils at the identified facility have been
general permit. A copy of the notice of finally stabilized and temporary erosion and
transfer that was sent to the Department shall sediment control measures have been
be included in the pollution prevention plan. removed or will be removed at an appropriate
For construction activity which is part of a time. I understand that by submitting this
larger common plan of development such as a Notice of Discontinuation, that I am no
housing or commercial development project, longer authorized to discharge storm water
if a pennittee transfers ownership of all or any associated with industrial activity for
part of property subject to this permit, both construction activities by Iowa Department of
the pennittee and transferee shall be Natural Resources General NPDES Permit
responsible for compliance with the No. 2. and that discharging pollutants from
provisions of this permit for that portion of storm water associated with industrial activity
the project which has been transferred to waters of the United States is unlawful
IOWA DEPARTMENT OF NATURAL RESOURCES NPDES GENERAL PERMrr NO.2
STORM WATER DISCHARGE ASSOCIATED WITH WDUSTRIAL ACTIVITY FOR CONSTRUCTION ACTIVITIES
EFFECTIVE DATE -OCTOBER 1, 2002 To OCTOBER I, 2007
under the Clean Water Act where the
discharge is not authorized by a NPDES
permit."
PART III. SPECIAL CONDITIONS,
MANAGEMENT PRACTICES, AND OTHER
NON-NUMERIC LIMITATIONS
A.
1.
2.
B.
PROHIBITION ON NON-STORM WATER
DISCHARGES.
All discharges authorized by this permit shall
be composed entirely of storm water except
for non-storm discharges listed in Part
III.A.2.
Discharges from fire fighting activities; fire
hydrant flushings; waters used to wash
vehicles in accordance with Part
IV.D.2.c.(2).; potable water sources including
waterline flushings; irrigation drainage;
routine external building washdown which
does not use detergents; pavement
washwaters where spills or leaks of toxic or
hazardous materials have not occurred (unless
all spilled material has been removed) and
where detergents are not used; air
conditioning condensate; springs; and
foundation or footing drains where flows are
not contaminated with process materials such
as solvents; may be authorized by this permit
provided the non-storm water component of
the discharge is in compliance with Part
IV.D.S. of this permit.
RELEASES IN EXCESS OF REPORTABLE
QUANTITIES. Any owner or operator
identified in the pollution prevention plan is
subject to the spill notification requirements
as specified in 455B.386 of the Iowa Code.
Iowa law requires that as soon as possible but
not more than six hours after the onset of a
"hazardous condition" the Department and
local sheriffs office or the office of the sheriff
of the affected county be notified.
description of the release and the
circumstances leading to the release and to
identify and provide for the implementation
of steps to prevent the reoccurrence of such
releases and to respond to such releases.
PART IV. STORM WATER POLLUTION
PREVENTION PLANS
A storm water pollution prevention plan shall be
developed for each construction site covered by this
permit. Storm water pollution prevention plans shall
be prepared in accordance with good engineering
practices. The plan shall identify potential sources
of pollution which may reasonably be expected to
affect the quality of the storm water discharge from
the construction activities. In addition, the plan shall
describe and ensure the implementation of practices
which will be used to reduce the pollutants in storm
water discharge associated with industrial activity
for construction activities at the construction site and
to assure compliance with the terms and conditions
of this permit. Facilities must implement the
provisions of the storm water pollution prevention
plan required under this part as a condition of this
permit.
A. DEADLINES FOR POLLUTION PREVENTION
PLAN PREPARATION AND COMPLIANCE.
1. POLLUTION PREVENTION PLAN
PREPARATION DEADLINE. The pollution
prevention plan shall be completed prior to
the submittal of an NOI to the Department to
be covered under this permit and shall be
updated as appropriate.
2. POLLUTION PREVENTION PLAN
COMPLIANCE DEADLINE. The pollution
prevention plan shall provide for compliance
with the terms and schedule of the plan with
the initiation of construction activities.
B. SIGNATURE AND PLAN REVIEW.
1. The plan shall be signed in accordance with
The storm water pollution prevention plan Part VI.G., and be retained at the construction
described in Part IV of this permit must be site from the date construction activities
modified within 14 calendar days of begin to the date of final stabilization.
knowledge of the release to provide a
IOWA DEPARTMENT OF NATURAL RESOURCES NPDES GENERAL PERMrr NO. 2
STORM WATER DISCHARGE ASSOCIATED WITH INDUSTRIAL ACTIVI"1'Y FOR CONSTRUCTION ACTIVITIES
The permittee shall make plans available to
the Department upon request, or in the case of
a storm water discharge associated with
industrial activity for construction activities
which discharge through a large or medium
municipal separate storm sewer system with
an NPDES permit, to the municipal operator
of the system.
3. The Department may notify the permittee at
any time that the plan does not meet one or
more of the minimum requirements of this
Part. After such notification from the
Department, the permittee shall make changes
to the plan and shall submit to the
Department a written certification that the
requested changes have been made. Unless
otherwise provided by the Department, the
permittee shall have 7 days after such
notification to make the necessary changes.
4. All storm water pollution prevention plans
received by the Department from the
permittee are considered reports that shall be
available to the public under Section 308(b)
of the CWA and Chapter 22 of the Code of
Iowa. However, the permittee may claim any
portion of a storm water pollution plan as
confidential in accordance with Chapter 22 of
the Code of Iowa and Iowa Administrative
Code (561)--2.5.
C. KEEPING PLANS CURRENT. The permittee
shall amend the plan whenever there is a
change in design, construction, operation, or
maintenance, which has a significant effect on
the potential for the discharge of pollutants to
the waters of the United States and which has
not been addressed in the plan or if the storm
water pollution prevention plan proves to be
ineffective in eliminating or significantly
minimizing pollutants from sources identified
in Part IV.D.2. of this permit, or in otherwise
achieving the general objectives of
controlling pollutants in storm water
discharge associated with industrial activity
for construction activities. In addition, the
pollution prevention plan shall be updated to:
include contractors identified after the
submittal of the Notice of Intent as CO-
permittees, described in Part IV.D.7. of this
EFFECTIVE DATE -OCTOBER I, 2002 TO OCTOBER 1, 2007
permit; identify any change in ownership or
transference of the permit and permit
responsibilities; or, if required, by the
occurrence of a hazardous condition (as
defined in Part VIII of this permit).
Amendments to the plan may be reviewed by
the Department of Natural Resources in the
same manner as Part IV.B.2.
D. CONTENTS OF THE POLLUTION PREVENTION
PLAN. The storm water pollution prevention
plan shall include the following items:
SITE DESCRIPTION. Each plan shall, provide
a description of the following:
A. a description of the nature of the
construction activity;
B. estimates of the total area of the site and
the area of the site that is expected to be
disturbed by excavation, grading, or other
activities;
C. an estimate of the runoff coefficient of
the site after construction activities are
completed and existing data describing the
soil or the quality of any discharge from the
site;
D. a site map indicating drainage patterns
and approximate slopes anticipated after
major grading activities, areas of soil
disturbance, the location of major structural
and nonstructural controls identified in the
plan, the location of areas where stabilization
practices are expected to occur, surface waters
(including wetlands), and locations where
storm water is discharged to a surface water;
and
E. the name of the receiving water(s) and
the ultimate receiving water(s).
2. CONTROLS. Each plan shall include a
description of appropriate controls that will
be implemented at the construction site. The
plan will clearly describe the intended
sequence of major activities and for each
activity, the appropriate control measures and
the timing during the construction process
IOWA DEPARTMENT OF NATURAL RESOURCES NPDES GENERAL PERMrI' NO. 2
STORM WATER DISCHARGE ASSOCIATED WITH INDUSTRIAL ACTIVITY FOR CONSTRUCTION ACTIVITIES
EFFECTIVE DATE- OCTOBER i, 2002 TO OCTOBER 1, 2007
that the measures will be implemented. (For
example, perimeter controls for one portion
of the site will be installed after the clearing
and grubbing necessary for installation of the
measure, but before the clearing and grubbing
for the remaining portions of the site.
Perimeter controls will be actively maintained
until final stabilization of those portions of
the site upward of the perimeter control.
Temporary perimeter controls will be
removed after final stabilization). The
description of controls shall address the
following minimum components:
A. EROSION AND SEDIMENT CONTROLS.
A.(1). STABILIZATION PRACTICES. A
description of temporary and permanent
stabilization practices, including site-specific
scheduling of the implementation of the
practices. Site plans should ensure that
existing vegetation is preserved where
attainable and that disturbed areas are
stabilized. Stabilization practices may
include: temporary seeding, permanent
seeding, mulching, geotextiles, sod
stabilization, vegetative buffer strips,
protection of trees, preservation of mature
vegetation, and other appropriate measures.
Except as precluded by snow cover,
stabilization measures shall be initiated on all
disturbed areas as soon as practical but in no
case where construction activity will not
occur for a period of 21 or more calendar
days later than the 14th day after no
construction activity has occurred on such
area. Where the initiation of stabilization
measures by the 14th day after no
construction activity occurs is precluded by
snow cover, then stabilization measures shall
be initiated as soon as practicable thereafter.
A.(2). STRUCTURAL PRACTICES. A
description of structural practices to the
degree attainable, to divert flows from
exposed soils, store flows or otherwise limit
runoff from exposed areas of the site. Such
practices may include silt fences, earth dikes,
brush barriers, drainage swales, sediment
traps, check dams, subsurface drains, pipe
slope drains, level spreaders, storm drain inlet
protection, rock outlet protection, reinforced
soil retaining systems, gabions, and
temporary or permanent sediment basins.
Structural practices should be placed on
upland soils to the degree attainable. The
installation of these devices may be subject to
Section 404 of the CWA.
A.(2).(a). For common drainage locations
that serve an area with more than 10 disturbed
acres at one time, a temporary (or permanent)
sediment basin providing 3,600 cubic feet of
storage per acre drained, or equivalent control
measures, shall be provided where attainable
until final stabilization of the site. The 3,600
cubic feet of storage area per acre drained
does not apply to flows from offsite areas and
flows from onsite areas that are either
undisturbed or have undergone final
stabilization where such flows are diverted
around the sediment basin. For drainage
locations which serve more than 10 disturbed
acres at one time and where a temporary
sediment basin providing 3,600 cubic feet of
storage per acre drained, or equivalent control
is not attainable, sediment traps, silt fences, or
equivalent sediment controls are required for
all sideslope and downslope boundaries of
the construction area.
A.(2).(b). For drainage locations serving
l0 or less acres, sediment traps, silt fences or
equivalent sediment controls are required for
all sideslope and downslope boundaries of
the construction area or a sediment basin
providing storage for 3,600 cubic feet of
storage per acre drained.
B. STORM WATER MANAGEMENT. A
description of measures that will be installed
during construction to control pollutants in
storm water discharges that will occur after
construction operations have been completed.
The installation of these devices may be
subject to Section 404 of the CWA. This
permit only addresses the installation of
storm water management measures, and not
the ultimate operation and maintenance of
such structures after the construction
activities have been completed and the site
has undergone final stabilization. Permittees
IOWA DEPARTMENT OF NATURAL RESOURCES NPDES GENERAL PERMIT NO. 2
STORM WATER DISCHARGE ASSOCIATED WITH INDUSTRIAL ACTIVITY FOR CONSTRUCTION ACTIVITIES
are only responsible for the installation and
maintenance of storm water management
measures prior to final stabilization of the
site, and are not responsible for maintenance
after storm water discharges associated with
industrial activity have been eliminated from
the site.
B.(I). Such practices may include: storm
water detention structures (including wet
ponds); storm water retention structures; flow
attenuation by use of open vegetated swales
and natural depressions; and infiltration of
runoff onsite; and sequential systems (which
combine several practices). A goal of 80
percent removal of total suspended solids
from those flows which exceed
predevelopment levels should be used in
designing and installing storm water
management controls (where practicable).
Where this goal is not met, the permittee shall
provide justification for rejecting each
practice based on site conditions.
s.(2). Velocity dissipation devices shall be
placed at discharge locations and along the
length of any outfall channel as necessary to
provide anon-erosive velocity flow from the
structure to a water course so that the natural
physical and biological characteristics and
functions are maintained and protected (e.g.
maintenance of hydrologic conditions,
present prior to the initiation of construction
activities)..
C. OTHER CONTROLS.
C.(I). WASTE DISPOSAL. All wastes
composed of building materials must be
removed from the site for disposal in
permitted disposal facilities. No building
material wastes or unused building materials
shall be buried, dumped, or discharged at the
site.
c.(2). Off-site vehicle tracking of
sediments shall be minimized.
C.(3). The plan shall ensure and
demonstrate compliance with applicable State
EFFECTIVE DATE -OCTOBER 1, 2002 TO OCTOBER I, 2007
or local waste disposal, sanitary sewer or
septic system regulations.
D. APPROVED STATE OR LOCAL PLANS.
Facilities which discharge storm water
associated with industrial activity for
construction activities must include in their
storm water pollution prevention plan
procedures and requirements specified in
applicable sediment and erosion site plans or
storm water management plans approved by
State or local officials. Applicable
requirements specified in sediment and
erosion plans, site permits or storm water
management plans approved by State or local
officials that are applicable to protecting
surface water resources are, upon submittal of
an NOI to be authorized to discharge under
this permit, incorporated by reference and are
enforceable under this permit even if they are
not specifically included in a storm water
pollution prevention plan required under this
permit.
Operators of facilities seeking alternative
permit requirements shall submit an
individual permit application in accordance
with Part I.C.2. of this permit along with a
description of why requirements in approved
State or local plans should not be applicable
as a condition of an NPDES permit.
3. MAINTENANCE. A description of procedures
to maintain in good and effective operating
conditions vegetation, erosion and sediment
control measures and other protective
measures identified in the site plan.
4. INSPECTIONS. Qualified personnel (provided
by the discharger) shall inspect disturbed
areas of the construction site that have not
been finally stabilized at least once every
seven calendar days and within 24 hours of
the end of a storm that is 0.5 inches or greater.
A. Disturbed areas and areas used for
storage of materials that are exposed to
precipitation shall be inspected for evidence
of, or the potential for, pollutants entering the
drainage system. Erosion and sediment
control measures identified in the plan shall
IOWA DEPARTMENT OF NATURAL RESOURCES NPDES GENERAL PERMIT NO. 2
STORM WATER DISCHARGE ASSOCIATED WITH INDUSTRIAL ACTIVITY FOR CONSTRTJCTION ACTIVITIES
be observed to ensure that they are operating
correctly. Where discharge locations or
points are accessible, they shall be inspected
to ascertain whether erosion control measures
are effective in preventing significant impacts
to receiving waters. Locations where vehicles
enter or exit the site shall be inspected for
evidence of offsite sediment tracking.
B. Based on the results of the inspection,
the description of potential pollutant sources
identified in the plan in accordance with
paragraph IV.D.1. of this permit and
pollution prevention measures identified in
the plan in accordance with paragraph IV.D.2.
of this permit shall be revised as appropriate
as soon as practicable after such inspection.
Such modifications shall provide for timely
implementation of any changes to the plan
within 7 calendar days following the
inspection.
C. A report summarizing the scope of the
inspection, name(s) and qualifications of
personnel making the inspection, the date(s)
of the inspection, major observations relating
to the implementation of the storm water
pollution prevention plan, and actions taken
in accordance with paragraph IV.D.4.s. of the
permit shall be made and retained as part of
the storm water pollution prevention plan for
at least three years or until project
termination. The report shall be signed in
accordance with Part VLG. of this permit.
NON-STORM WATER DISCHARGES. Except
for flows from fire fighting activities, sources
of non-storm water listed in Part III.A.2. of
this permit that are combined with storm
water discharges associated with industrial
activity from construction activities must be
identified in the plan. The plan shall identify
and ensure the implementation of appropriate
pollution prevention measures for the non-
storm water component(s) of the discharge.
6. ADDITIONAL REQUIREMENTS FOR STORM
WATER DISCHARGE FROM INDUSTRIAL
ACTIVITIES ETHER THAN CONSTRUCTION
INCLUDING DEDICATED ASPHALT PLANTS.
AND DEDICATED CEMENT PLANTS. This
EFFECTIVE DATE -OCTOBER 1, 2002 TO OCTOBER I, 2007
permit may only authorize a storm water
discharge associated with industrial activity
from a construction site that is mixed with a
storm water discharge from an industrial
source other than construction, where:
A. the industrial source other than
construction is located on the same site as the
construction activity;
I;. storm water discharges associated with
industrial activity from the areas of the site
where construction activities are occurring are
in compliance with the terms of this permit;
and,
C. storm water discharges associated with
industrial activity from the areas of the site
where industrial activity other than
construction are occurring (including storm
water discharges from dedicated asphalt
plants and dedicated cement plants) are in
compliance with the terms and conditions,
including applicable NOI or application
requirements, of a different NPDES general
permit or individual permit authorizing such
discharges.
CONTRACTORS.
A. The storm water pollution prevention plan
must clearly identify for each measure in the
plan, the contractor(s) and/or subcontractor(s)
that will implement the measure. All
contractors and subcontractors identified in
the plan must sign a copy of the certification
statement in Part IV.D.7.B. of this permit in
accordance with Part VLG. of this permit.
Upon signing the certification, the contractor
or sub-contractor is a co-permittee with the
owner and other co-permittee contractors. All
certifications must be included in the storm
water pollution prevention plan.
B. CERTIFICATION STATEMENT. All
contractors and subcontractors identified in a
storm water pollution prevention plan in
accordance with Part IV.D.7.A. of this permit
shall sign a copy of the following
certification statement before conducting any
IOWA DF.PAR7T~IF.NT OF NATURAL RESOURCES NPDES GENERAL PERMIT NO. 2
STORM WATER DISCHARGE ASSOCIATED WITH INDUSTRIAL ACTIVITY FOR CONSTRUCTION ACTIVITIES
professional service at the site identified in
the storm water pollution prevention plan:
"I certify under penalty of law that I
understand the terms and conditions of the
general National Pollutant Discharge
Elimination System (NPDES) permit that
authorizes the storm water discharges
associated with industrial activity from the
construction site as part of this certification.
Further, by my signature, I understand that I
am becoming a co-permittee, along with the
owner(s) and other contractors and
subcontractors signing such certifications, to
the Iowa Department of Natural Resources
NPDES General Permit No. 2 for "Storm
Water Discharge Associated with Industrial
Activity for Construction Activities" at the
identified site. As a co-permittee, I
understand that I, and my company, are
legally required under the Clean Water Act
and the Code of Iowa, to ensure compliance
with the terms and conditions of the storm
water pollution prevention plan developed
under this NPDES permit and the terms of
this NPDES permit."
The certification must include the name and
title of the person providing the signature; the
name, address and telephone number of the
contracting firm; the address (or other
identifying description) of the site; and the
date the certification is made.
PART V. RETENTION OF RECORDS
A. The permittee shall retain copies of storm
water pollution prevention plans and all
reports required by this permit, and records of
all data used to complete the Notice of Intent
to be covered by this permit, for a period of at
least three years from the date that the site is
finally stabilized.
B. If there is a construction trailer, shed or other
covered structure located on the property the
permittee shall retain a copy of the storm
water pollution prevention plan required by
this permit at the construction site from the
date of project initiation to the date of final
EFFECTIVE DATE - OCTOBER 1, 2002 TO OCTOBER 1, 2007
stabilization. If there is no construction
trailer, shed or other covered structure located
on the property, the permittee shall retain a
copy of the plan at a readily available
alternative site approved by the Department
and provide it for inspection upon request. If
the plan is maintained at an off-site location
such as a corporate office, it shall be provided
for inspection no later than two business days
after being requested.
C. ADDRESSES. All written correspondence to
the Department should be sent to the
following address:
Storm Water Coordinator
Iowa Department of Natural Resources
Henry A. Wallace Building
502 E. 9th St.
Des Moines, IA 50319-0034
PART VI. STANDARD PERMIT CONDITIONS
A. DUTY TO COMPLY.
The permittee must comply with all
conditions of this permit. Any permit
noncompliance constitutes a violation of the
Code of Iowa and the Clean Water Act and is
grounds for enforcement action; for
termination of coverage under this general
permit; or, for denial of a request for coverage
under a reissued general permit.
TOXIC POLLUTANTS. The permittee shall
comply with effluent standards or
prohibitions established under section 307(a)
of the Clean Water Act (CWA) for toxic
pollutants within the time provided in the
regulations that establish these standards or
prohibitions, even if this permit has not yet
been modified to incorporate the requirement.
B. CONTINUATION OF THE EXPIRED GENERAL
PERMIT. This permit expires on October 1,
2007. An expired general permit continues in
force for 180 days after the expiration date.
Only those facilities authorized to discharge
under the expiring general permit are covered
10
IOWA DEPARTMENT OF NATURAL RESOURCES NPDES GENERAL PERMIT NO. 2
STORM WATER DISCHARGE ASSOCIATED WITH INDUSTRIAL ACCfi'ITY FOR CONSTRUCTION ACTIVITIES
by the 180-day continuation of the expired
general 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. DUTY TO MITIGATE. The permittee shall
take all reasonable steps to minimize or
prevent any discharge in violation of this
permit which has a reasonable likelihood of
adversely affecting human health or the
environment.
E. DUTY TO PROVIDE INFORMATION. The
permittee shall furnish to the Department,
within a reasonable time, any information
which the Department may request to
determine compliance with this permit. The
permittee shall also furnish to the Department
upon request copies of records required to be
kept by this permit.
F. OTHER INFORMATION. When the permittee
becomes aware that he or she failed to submit
any relevant facts or submitted incorrect
information in the Notice of Intent or in any
other report to the Department, he or she shall
promptly submit such facts or information.
G. SIGNATORY REQUIREMENTS. All Notices of
Intent, storm water pollution prevention
plans, reports, certifications or information
either submitted to the Department or the
operator of a large or medium municipal
separate storm sewer system, or that this
permit requires be maintained by the
permittee, shall be signed in accordance with
rule 567--64.3(8) of the Iowa Administrative
Code as follows:
64.3(8) Identity of signatories of operation
permit applications. The person who signs
the application for an operation permit shall
be:
EFFECTIVE DATE -OCTOBER 1, 2002 TO OCTOBER 1, 2007
a. Corporations. In the case of corporations,
a principal executive officer of at least the
level ofvice-president.
b. Partnerships. In the case off a
partnership, a general partner.
c. Sole proprietorships. In the case of a sole
proprietorship, the proprietor.
d. Public facilities. In the case of a
municipal, state, or other public facility, by
either the principal executive officer, or the
ranking elected official.
e. Storm water discharge associated with
industrial activity from construction activity.
In the case of a storm water discharge
associated with industrial activity from
construction as identified in 40 CFR
122.26(b)(14)(x), either the owner of the site
or the general contractor.
The person who signs NPDES reports shall
be the same, except that in the case of a
corporation or a public body, monitoring
reports required under the terms of the permit
may be submitted by the person who is
responsible for the overall operation of the
facility from which the discharge originated.
H. CERTIFICATION. Any person signing
documents under paragraph VI.G. 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
IOWA DEPARTMENT OF NATURAL RESOURCES NPDES GENERAL PERMIT NO. 2
STORM WATER DISCHARGE ASSOCIATED WITH INDUSTRIAL ACTIVITY FOR CONSTRUCTION ACTIVI"PIES
EFFECrrvE DATE - OCTOBER I, 2002 To OCTOBER 1, 2007
information, including the possibility of fine to achieve compliance with the conditions or
and imprisonment for knowing violations." this permit.
I. OIL AND HAZARDOUS SUBSTANCE
LIABILITY. Nothing in this permit shall be
construed to preclude the institution of any
legal action or relieve the permittee from any
responsibilities, liabilities, or penalties to
which the permittee is or may be subject
under section 311 of the Clean Water Act.
PROPERTY RIGHTS. The issuance of this
permit does not convey any property rights of
any sort, nor any exclusive privileges, nor
does it authorize any injury to private
property nor any invasion of personal rights,
nor any infringement of Federal, State or
local laws or regulations.
N. INSPECTION AND ENTRY. The permittee shall
allow the Department or an authorized
representative of EPA, the State, or, in the
case of a facility which discharges through a
municipal separate storm sewer, an authorized
representative of the municipal operator or
the separate storm sewer receiving the
discharge, upon the presentation of
credentials and other documents as may be
required by law, to:
1. 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;
K. 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.
L. TRANSFERS. This permit is not transferable
to any person except after notice to the
Department. The Department may require the
discharger to apply for and obtain an
individual NPDES permit as stated in Part
I.C.
M. PROPER OPERATION AND MAINTENANCE.
The permittee shall at all times properly
operate and maintain all facilities and systems
of treatment and control (and related
appurtenances) which 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 a permittee only when necessary
2. Have access to and copy at reasonable
times, any records that must be kept under the
conditions of this permit; and,
3. Inspect at reasonable times any facilities or
equipment (including monitoring and control
equipment).
O. PERMIT ACTIONS. Coverage under this
permit may be terminated for cause. The
filing of a request by the permittee for a
permit discontinuance, or a notification of
planned changes or anticipated
noncompliance does not stay any permit
condition.
P. ENVIRONMENTAL LAWS. No condition of
this permit shall release the permittee from
any responsibility or requirements under
other environmental statutes or regulations.
PART VII. REOPENER CLAUSE
If there is evidence indicating potential or
realized impacts or water quality due to any storm
water discharge associated with industrial activity
for construction activities covered by this permit, the
owner or operator of such discharge may be required
to obtain individual permit in accordance with Part
LC of this permit.
12
IOWA DEPARTMENT OF NATURAL RESOURCES NPDES GENERAL PERMIT NO. 2
STORM WATER DISCHARGE ASSOCIATED WITH INDUSTRIAL ACTMTY FOR CONSTRUCTION ACTMTIES
PART VIII. DEFINITIONS
"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 United States. BMPs also
include treatment requirements, operating
procedures, and practices to control plant site runoff,
spillage or leaks, sludge or waste disposal, or
drainage from raw material storage.
"CWA" or "Clean Water Act" means the
Federal Water Pollution Control Act.
"Dedicated portable asphalt plant" means a
portable asphalt plant that is located on or
contiguous to a construction site and that provides
asphalt only to the construction site that the plant is
located on or adjacent to.
"Dedicated portable concrete plant" means a
portable concrete plant that is located on or
contiguous to a construction site and that provides
concrete only to the construction site that the plant is
located on or adjacent to.
"Dedicated sand or gravel operation" means
an operation that produces sand and/or gravel for a
single construction project.
"Department" means the Iowa Department of
Natural Resources.
"Final Stabilization" means that all soil
disturbing activities at the site have been completed,
and that a uniform perennial vegetative cover with a
density of 70% for the area has been established or
equivalent stabilization measures have been
employed.
"Hazardous condition" means any situation
involving the actual, imminent, or probable spillage,
leakage, or release of a hazardous substance on to the
land, into a water of the state, or into the atmosphere,
which creates an immediate or potential danger to
the public health or safety or to the environment.
455B.381(2~ 1991, Code of Iowa
EFFECTIVE DATE- OCTOBER 1, 2002 TO OCTOBER 1, 2007
"Hazardous substance" means any
substance or mixture of substances that presents a
danger to the public health or safety and includes,
but in not limited to, a substance that is toxic,
corrosive, or flammable, or that is an irritant or that,
in confinement, generates pressure through
decomposition, heat, or other means. The following
are examples of substances which, in sufficient
quantity may be hazardous: acids; alkalis;
explosives; fertilizers; heavy metals such as
chromium, arsenic, mercury, lead and cadmium;
industrial chemicals; paint thinners; paints;
pesticides; petroleum products; poisons, radioactive
materials; sludges; and organic solvents.
"Hazardous substances" may include any hazardous
waste identified or listed by the administrator of the
United State Environmental Protection Agency
under the Solid Waste Disposal Act as amended by
the Resource Conservation and Recovery Act of
1976, or any toxic pollutant listed under section 307
of the federal Water Pollution Control Act as
amended to January 1, 1977, or any hazardous
substance designated under section 311 of the
federal Water Pollution Control Act as amended to
January 1, 1977, or any hazardous material
designated by the secretary of transportation under
the Hazardous Materials Transportation Act (49 CFR
172.101). 455B.381(1) , 1991 Code of Iowa
"Large and Medium Municipal Separate
Storm Sewer System" means all municipal separate
storm sewers that are either:
(i.) located in an incorporated place with a
population of 100,000 or more as determined by the
latest Decennial Census by the Bureau of Census; or
(ii.) located in the counties with
unincorporated urbanized populations of 100,000 or
more, except municipal separate storm sewers that
are located in the incorporated places, townships or
towns within such counties; or
(iii.) owned or operated by a municipality
other than those described in paragraph (i) or (ii) and
that are designated by the Director as part of the
large or medium municipal separate storm sewer
system.
13
IOWA DEPARTMENT OF NATURAL RESOURCES NPDES GENERAL PERMIT NO. 2
STORM WATER DISCHARGE ASSOCIATED WITH INDUSTRIAL ACTIVITY FOR CONSTRUCTION ACTIVITIES
"Municipality" means a city, town, borough,
county, parish, district, association, or other public
body created by or under State ]aw.
"NOT" means Notice of Intent to be covered
by this permit (see Part II of this permit.)
"Runoff coefficient" means the fraction of
total rainfall that will appear at the conveyance as
runoff.
"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 which is used for collecting and
conveying storm water and which is directly related
to manufacturing, processing or raw materials
storage areas at an industrial plant. The term does
not include discharges from facilities or activities
excluded from the NPDES program under 40 CFR
part 122. For the categories of industries identified
in paragraphs (i) through (x) of this definition, the
term includes, but is not limited to, storm water
discharges from industrial plant yards; immediate
access roads and rail lines used or traveled by
carriers of raw materials, manufactured products,
waste material, or by-products used or created by the
facility; material handling sites; refuse sites; sites
used for the application or disposal of process waste
waters (as defined at 40 CFR part 401); sites used for
the storage and maintenance of material handling
equipment; sites used for residual treatment, storage,
or disposal; shipping and receiving areas;
manufacturing buildings; storage areas (including
tank farms) for raw materials, and intermediate and
finished products; and areas where industrial activity
has taken place in the past and significant materials
remain and are exposed to storm water.
For the categories of industries identified in
paragraph (xi) of this definition, the term includes
only storm water discharges from all the areas
(except access roads and rail lines) that are 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,
EFFECT"IVE DATE - OCTOBER 1, 2002 TO OCTOBER 1, 2007
loading and unloading, transportation, or
conveyance of any raw material, intermediate
product, finished product, by-product, or waste
product. The term excludes areas located on plant
lands separate from the plant's industrial activities,
such as office buildings and accompanying parking
lots as long as the drainage from the excluded areas
is not mixed with storm water drained from the
above described areas. Industrial facilities
(including industrial facilities that are Federally,
State, or municipally owned or operated that meet
the description of the facilities listed in these
paragraphs (i)-(xi) of the definition) include those
facilities designated under 40 CFR 122.26(a)(1)(v).
The following categories of facilities are considered
to be engaging in "industrial activity" for purposes
of this definition;
(i) 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 which are exempted
under category (xi) of this definition);
(ii) Facilities classified as Standard Industrial
Classifications 24 (except 2434), 26 (except 265 and
267), 28 (except 283 and 285), 29, 311, 32 (except
323), 33, 3441, 373;
(iii). Facilities classified as Standard
Industrial Classifications 10 through 14 (mineral
industry) including active or inactive mining
operations (except for areas of coal mining
operations no longer meeting the definition of a
reclamation area under 40 CFR 434.11(1) because
the performance bond issued to the facility by the
appropriate SMCRA authority has been released, or
except for areas of non-coal mining operations
which have been released from 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 which have an identifiable
owner/operator; inactive mining sites do not include
14
IOWA DEPARTMENT OF NATURAL RESOURCES NPDES GENERAL PERMIT NO. 2
STORM WATER DISCHARGE ASSOCIATED WITH INDUSTRIAL ACTIVITY FOR CONSTRUCr[ON ACTIVITIES
EFFECTrVE DATE -OCTOBER 1, 2002 TO OCTOBER 1, 2007
sites where mining claims are being maintained prior
to disturbances associated with the extraction,
beneficiation, or processing of mined materials, nor
sites where minimal activities are undertaken for the
sole purpose of maintaining a mining claim);
(iv) Hazardous waste treatment, storage, or
disposal facilities, including those that are operating
under interim status or a permit under Subtitle C of
RCRA;
(v) Landfills, land application sites, and open
dumps that receive or have received any industrial
wastes (waste that is received from any of the
facilities described under this subsection) including
those that are subject to regulation under Subtitle D
of RCRA;
(vr) 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;
beneficially reused and which are not physically
located in the confines of the facility, or areas that
are in compliance with 40 CFR 503;
(x) Construction activity including clearing,
grading and excavation activities except: operations
that result in the disturbance of less than one acre of
total land area which are not part of a larger common
plan of development or sale;
(xi) Facilities under Standard Industrial
Classifications 20, 21, 22, 23, 2434, 25, 265, 267,
27, 283, 285, 30, 31 (except 31 1), 323, 34 (except
3441), 35, 36, 37 (except 373), 38, 39, 4221-4225,
(and which are not otherwise included within
categories (ic)-(x));
"Storm water discharge associated with
industrial activity for construction activities" means
activities that fall under subparagraph (x) in the
definition of storm water discharge associated with
industrial activity.
(vii) Steam electric power generating
facilities, including coal handling sites;
(viir~ Transportation facilities classified as
Standard Industrial Classifications 40, 41, 42 (except
4221-4225), 43, 44, 45 and 5171 which 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 which are otherwise
identified under paragraphs (i)-(vii) or (ix)-(xi) of
this definition are associated with industrial activity;
(ix) 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 403. Not
included are farm lands, domestic gardens or lands
used for sludge management where sludge is
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- ~ i ~ ~..
,. _. i
[FINAL COMMITTEE DRAFT' 07-I2-OS]
ORDINANCE NO.
ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY ~ OF
BY ADDING CHAPTER ,
"CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL"
Section 1. THE CODE OF ORDINANCES, CITY OF
is hereby amended to add CHAPTER
"CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL," in the form attached
hereto.
Section 2. Repealer Clause. All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
Section 3. Severability Clause. If any section, provision or part of this ordinance shall be
adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the
ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
Section 4. Effective Date. This ordinance shall be effective from and after the final passage,
approval and publication as provided by law.
PASSED AND APPROVED this
(SEAL)
ATTEST:
City Clerk
day of , 20
Mayor
' IMPORTANT NOTE: For drafting purposes, this ordinance has been prepared for adoption by a city; however,
with appropriate modifications it may serve as a model for other governmental subdivisions as well.
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APPROVED AS TO FORM:
City Attorne
I, , City Clerk of the City of
,Iowa, do hereby certify that the foregoing ORDINANCE
was passed and approved by the City Council of the City of
Iowa, on the day of , 20 , and was
published in the , a newspaper of general
circulation in the said City of , on the day of
20
Dated this day of , 20
City Clerk
'` This model ordinance is furnished as a drafting guide for attorneys representing governmental subdivisions in Iowa
that are subject to NPDES Permit Program requirements. CAVEAT: THIS MODEL ORDINANCE SHOULD NOT
BE ADOPTED WITHOUT CONFIRMING INDEPENDENT LEGAL RESEARCH BY AN ATTORNEY
LICENSED TO PRACTICE LAW IN IOWA. LOCAL CIRCUMSTANCES WILL VARY SIGNIFICANTLY
FROM JURISDICTION TO JURISDICTION. CONSIDERATION OF SUCH AN ORDINANCE CALLS FOR
CAREFUL ANALYSIS AND DETERMINATION OF A NUMBER OF CRITICAL POLICY ISSUES BY THE
GOVERNING BODY OF THE JURISDICTION.
2
78 SECTION 1. FINDINGS:
79 1.1. The U.S.EPA's National Pollutant Discharge Elimination System
80 ("NPDES") permit program (Program) administered by the Iowa
81 Department of Natural Resources ("IDNR") requires that cities meeting
82 certain demographic and environmental impact criteria obtain from the
83 IDNR an NPDES permit for the discharge of storm water from a
84 Municipal Separate Storm Sewer System (MS4) (MS4 Permit).3 The City
85 of (City) is subject to the Program and is
86 required to obtain, and has obtained, an MS4 Permit; the City's MS4
87 Permit is on file at the office of the city clerk and is available for public
88 inspection during regular office hours.
89 1.2. The Program requires certain individuals engaged in construction
90 activities (applicant or applicants) to submit an application to the IDNR
91 for a State NPDES General Permit #2. Notwithstanding any provision of
92 this ordinance, every applicant bears final and complete responsibility for
93 compliance with a State NPDES General Permit #2 and a City
94 Construction Site Erosion and Sediment Control (COSESCO) Permit and
95 any other requirement of state or federal law or administrative rule.
96 1.3. As a condition of the City's MS4 Permit, the City is obliged to undertake
97 primary responsibility for administration and enforcement of the Program
98 by adopting a COSESCO ordinance designed to achieve the following
99 objectives:
100 1.3.1. Any person, firm, sole proprietorship, partnership, corporation,
101 state agency or political subdivision ("applicant") required by law
102 or administrative rule to apply to the IDNR for a State NPDES
103 General Permit #2 shall also be required to obtain from the City a
104 CONSTRUCTION SITE EROSION AND SEDIMENT
105 CONTROL permit (City COSESCO Permit) in addition to and not
106 in lieu of the State NPDES General Permit #2; and
107 1.3.2. The City shall have primary responsibility for inspection,
108 monitoring and enforcement procedures to promote applicants'
109 compliance with State NPDES General Permits #2 and City
110 COSESCO Permits.
111 1.4. No state or federal funds have been made available to assist the City in
112 administering and enforcing the Program. Accordingly, the City shall fund
l 13 its application, inspection, monitoring and enforcement responsibilities
114 entirely by fees imposed on the owners of properties which are made
3 A list of cities and entities subject to the Program as of the date of preparation of this model ordinance can be
found at this website: http:!%«~~~~~~.iu~+~adnr.com%~~alcr;'~un•im~atcr~ms4 html. Copies of all the forms associated with
the NPDES Program can be found at this website: http:'!~~~w~~.io~~~adnr.cum ~~~ated~u>rm~c~uer~~furm~ html.
L
115 subject to the Program by virtue of state and federal law, and/or other
116 sources of funding established by a separate ordinance.4
] 17 1.5. Teens used in this ordinance shall have the meanings specified in the
118 Program.
l19
120 SECTION 2. APPLICATION PROCEDURE FOR OBTAINING AND MAINTAINING A
121 CITY CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL
122 (COSESCO) PERMITS
123 2.l All persons required by law or administrative rule to obtain a State NPDES
124 General Permit #2 from the IDNR are required to obtain a City COSESCO
125 Pennit.b
126 2.2 Applications for City COSESCO Permits shall be made on forms approved
127 by the City which may be obtained from the office of the [city clerk][city
128 administrator][community development department].
129 2.3 An applicant for a City COSESCO Permit shall pay fees as follows:
130 2.3.1 An application fee at the time of application [in the amount
131 of ] [pursuant to the following schedule:] ~
132 2.3.2 For each inspection required by this ordinance, the applicant shall
133 pay an inspection fee in the amount of s
134 2.3.3 Failure of the applicant to pay an inspection fee within thirty (30)
135 days of billing shall constitute a violation of this ordinance.
136 2.4 An applicant in possession of a State NPDES General Permit #2 issued by
137 the IDNR shall immediately submit to the City full copies of the materials
138 described below as a basis for the City to determine whether to issue a
139 City COSESCO Permit:
a A city may choose to create a stormwater utility in conjunction with a stormwater fee ordinance as a means of
providing a source of funding in addition to or in lieu of the application and inspection fees established by this
ordinance.
s Instead of requiring an applicant to obtain a separate city COSESCO permit, a city may choose to amend its
grading permit ordinance, building permit ordinance, or site plan approval ordinance to require compliance with this
COSESCO ordinance as a condition for issuing a grading permit, building permit or site plan approval; in such
event, this § 13.1 might read, "Any person, firm, sole proprietorship, partnership, corporation state agency or
political subdivision (`applicant') required by law or administrative rule to apply to the IDNR for a State NPDES
General Permit #2 shall not be issued a building permit (or grading permit or site plan approval) until the applicant
has fully complied with the provisions of this COSESCO ordinance." Contemporaneously, the city grading permit
ordinance, building permit ordinance or site plan approval ordinance should be amended to require compliance with
this COSESCO ordinance. Other provisions of this COSESCO ordinance will also need to be edited to eliminate any
requirement for a separate COSESCO Permit. Finally, the grading permit fee, building permit fee, or site plan
approval fee could be adjusted to cover the city's enforcement costs in lieu of COSESCO Permit application fee.
b State NPDES General Permits #2 are required when more than one (1) acre of land is subject to the program. Cities
may choose to require City COSESCO Permits in the event of even smaller surface disturbances, where sediment
leaving a site and entering a municipal storm sewer would constitute an illicit discharge, making the municipality
subject to enforcement actions from IDNR or U.S.EPA.
The application fee should be set on the basis of acost-accounting of the City's adminstrative expenses, including
labor costs, associated with processing the application It would not be unreasonable to establish a schedule of fees
dependent upon the scope of the project subject to each City COSESCO Permit. If a city elects to engage an
independent contractor to process applications, the costs of such independent contractor should be included in the
computation of this fee.
s As indicated above, this and all fees associated with the ordinance should be based on cost-accountings of the
activities which the City must undertake or sub-contract to accomplish the purposes of the ordinance.
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140 2.4.1 applicant's plans, specifications and supporting materials
141 previously submitted to the IDNR in support of applicant's
142 application for the State NPDES General Permit #2;
143 2.4.2 applicant's authorizations issued pursuant to applicant's State
144 NPDES General Permit #2; and
145 2.4.3 a Stormwater Pollution Prevention Plan (SWPPP) prepared in
146 accordance with this ordinance.
147 2.5 Every SWPPP submitted to the City in support of an application for a
148 City COSESCO Permit:
149 2.5.1 shall comply with all current minimum mandatory requirements
150 for SWPPPs promulgated by the IDNR in connection with
151 issuance of a State NPDES General Permit #29; and
152 2.5.2 shall, if the applicant is required by law to file a Joint Application
153 Form, PROTECTING IOWA WATERS, IOWA DEPARTMENT
154 OF NATURAL RESOURCES AND U.S. ARMY CORPS OF
155 ENGINEERS, comply with all mandatory minimum requirements
156 pertaining to such applications'°; and
157 2.5.3 shall comply with all other applicable state or federal permit
158 requirements in existence at the time of application; and
159 2.5.4 shall be prepared by a licensed professional engineer or landscape
160 architect or a professional in erosion and sediment control or a
161 representative of the local Soil and Water Conservation District,
162 credentialed in a manner acceptable to the Cityl'; and
163 2.5.5 shall include within the SWPPP a signed and dated certification by
164 the person preparing the SWPPP that the SWPPP complies with all
165 requirements of this ordinance.
y As of the time of drafting this model ordinance, minimum mandatory requirements promulgated by the IDNR for
issuance of a State NPDES General Permit #2 are as set out in IDNR publication "IOWA DEPARTMENT OF NATURAL
RESOURCES NPDES GENERAL PERMITNO. 2, STORM WATER DISCHARGE ASSOCIATED W ITH INDUSTRIAL ACTIVITY
FOR CONSTRUCTION ACTIVITIES, EFFECTIVE DATE-OCTOBER 1, 2002 TO OCTOBER 1, 2007," including but not
limited to "PART IV. STORM WATER POLLUTION PREVENTION PLANS," which is accessible at this website:
htth:i%~~~~a-~-,v.io~~~adnr.comi~~~atcr/sun•m~~ater/forms/2 eeneral.pdt: Said IDNR publication in turn references water
quality standards. Current water quality standards are specified in the Iowa Administrative Code, in section 567,
chapter 61, at this website: http:%'~~-~~~~~~.Ic«is.stag.int.u,iRulcs-Currcntiiac%5G7iacl~67fi1156761.pdf. As is the case
with any federal or state program, mandatory minimum SWPPP requirements may change over time, and it is vital
that local officials responsible for enforcement of this ordinance stay abreast of such changes. It is recommended
that these provisions be adopted by reference rather than included verbatim within the ordinance for at least three
reasons: (1) adoption by reference minimizes the length and complexity of the ordinance; (2) if the IDNR changes
requirements, adoption by reference avoids the necessity of rewriting the ordinance; and (3) adoption by reference
makes it clear to applicants that they are not being asked to comply with conflicting local and state requirements.
10 As of the time of drafting this model ordinance, the circumstances necessitating the filing of such a joint
application are as set out in the Joint Application Form, PROTECTING IOWA WATERS, IOWA DEPARTMENT
OF NATURAL RESOURCES AND U.S. ARMY CORPS OF ENGINEERS, which is accessible at this website:
httn: ~~~•~a~~n.io~~~adnr.aim;bth~r/(ilesliointpermit.Pdf.
" The requirement that a SWPPP shall be prepared by a licensed professional engineer or landscape architect or a
professional in erosion and sediment control credentialed in a manner acceptable to the City gives the City a basis
for recourse against such professional's malpractice carrier in the event a SWPPP later proves to be faulty. Cities not
desiring such assurance or opportunity for recourse may choose to dispense with this requirement in favor of a less
arduous standard.
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2.6 ~OPTIONALJ~2 In addition to the SWPPP requirements stated in
167 subparagraph 2.5 immediately above which constitute minimum
168 mandatory requirements imposed by the Program, every SWPPP
169 submitted to the city in support of an application for a City COSESCO
170 Permit shall comply with the Statewide Urban Design and Specifications
171 (SUDAS)13 standard design criteria, including but not limited to design,
172 location, and phased implementation of effective, practicable stormwater
173 pollution prevention measures, and shall also:
l74 2.6.1 limit total off-site annual aggregate sediment yield for exposed
175 areas to an equivalent amount resulting from sheet and rill erosion
176 equal to an annual, cumulative soil loss rate not to exceed the
177 standard established from time to time by Soil and Water
178 Conservation Districts; erosion rates can exceed soil loss limits as
179 long as sediment yield does not exceed that expected from
180 allowable erosion rates; and
181 2.6.2 identify the nature of the construction activity and the potential for
182 sediment and other pollutant discharges from the site; and
l 83 2.6.3 calculate the predicted erosion and estimated sediment yield for the
184 construction site using the USDA Revised Universal Soil Loss
185 Equation (RUSLE II); and
186 2.6.4 assure that stockpiles of soil or other materials subject to erosion
187 by wind or water are covered, vegetated, or otherwise effectively
188 protected from erosion and sedimentation in accordance with the
189 amount of time the material will be on site and the manner of its
190 proposed use; no stockpiling is allowed in the street; and
191 2.6.5 identify measures and procedures to reasonably minimize site soil
192 compaction and provide soil quality restoration as specified; and
193 2.6.6 assure that all temporary erosion and sediment controls shall not be
194 removed until the City has determined that the site has been
195 permanently stabilized; and
196 2.6.7 assure that all disturbed sites be permanently stabilized with 70%
197 perennial cover as measured by the USDA line transect method;
198 and
199 2.6.8 identify methods to prevent sediment damage to adjacent
200 properties and sensitive environmental areas such as water bodies,
201 plant communities, rare, threatened and/or endangered species
202 habitat, wildlife corridors, greenways, etc.; and
203 2.6.9 provide for design and construction methods to stabilize steep or
204 long continuous slopes; and,
12 These additional recommended standards were developed by representatives from Phase 1 and Phase [I cities,
IAMU, IDNR, Soil and Water Conservation Districts, URBAN, and USDA's Natural Resources Conservation
Service, pursuant to an IDNR 319 grant funded by the U.S.EPA. The recommendations are presented in no
particular order. It is for each city to determine as a matter of policy which optional standards, if any, it chooses to
impose.
~~ SUDAS standard design criteria can be found at this website: ~~~~~~cv.io~~~asudas.or~.
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t I ~ ~ I CI ~'~ Cif J~. ~ ~, I ',f; 2~ ~ ~'. ~ ~i ~ ~
205 2.6.10 include measures to control the quantity and quality of stormwater
206 leaving a site before, during and after construction; and
207 2.6.11 provide for stabilization of all waterways and outlets; and,
208 2.6.12 protect storm sewer infrastructure from sediment loading/plugging;
209 and
210 2.6.13 specify precautions to be taken to contain sediment when working
211 in or crossing water bodies; and
212 2.6.14 assure stabilization of disturbed areas, including utility
213 construction areas, as soon as possible; and
214 2.6.15 protect outlying roads from sediment and mud from construction
215 site activities, including tracking; and
216 2.6.16 provide for disposal of collected sediment and floating debris; and
217 2.6.17 assure that when working near sensitive waters, the specific
218 practices itemized immediately below are utilized:
219 2.6.17.1 during construction:
220 2.6.17.1.1 all exposed soil areas with a slope of 3:1 or
221 steeper, that have a continuous positive
222 slope to a sensitive water, should have
223 temporary erosion protection or permanent
224 cover within three (3) days after the area is
225 no longer actively being worked; all other
226 slopes that have a continuous positive slope
227 to a sensitive water should have temporary
228 erosion protection or permanent cover
229 within seven (7) days after the area is no
230 longer actively being worked, and
231 2.6.17.1.2 temporary sediment basin requirements
232 should be used for common drainage
233 locations that serve an area with five (5) or
234 more acres disturbed at one time; and
235 2.6.17.2 buffer zone: provide for the maintenance at all times of
236 an undisturbed buffer zone consisting of not less than
237 100 linear feet from the special water (not including
238 tributaries); exceptions from this for areas, such as
239 water crossings or limited water access, are allowed if
240 the applicant fully documents in the SWPPP the
241 circumstances and reasons that the buffer encroachment
242 is necessary; all potential water quality, scenic and
243 other environmental impacts of these exceptions should
244 be minimized and documented in the SWPPP for the
245 project; and
246 2.6.17.3 enhanced temperature controls: design the permanent
247 stormwater management system such that the discharge
248 from the project will minimize any increase in the
249 temperature.
250 2.6.17.3.1 minimize new impervious surfaces; and/or
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2.6.17.3.2 other methods that will minimize any
increase in the temperature of the sensitive
waters.
2.7 Issuance by the City of a City COSESCO Permit shall be a condition
precedent for the issuance of a City building permit or site plan approval.
2.8 For so long as a construction site is subject to a State NPDES General
Permit #2 or a City COSESCO Permit, the applicant shall provide the City
with current information as follows:
2.8.1 The name, address and telephone number of the person on site
designated by the owner who is knowledgeable and experienced in
erosion and sediment control and who will oversee corr~liance
with the State NPDES General Permit #2 and the City COSESCO
Permit;
2.8.2 The name(s), address(es) and telephone number(s) of the
contractor(s) and/or subcontractors(s) that will implement each
erosion and sediment control measure identified in the SWPPP.
2.8.3 Applicant's failure to provide current information shall constitute a
violation of this ordinance.
2.9 Developers can transfer State NPDES General Permit #2 and the City
COSESCO Permit responsibility to homebuilders, new lot owners,
contractors and subcontractors. Transferees must agree to the transfer in
writing, must agree to fulfill all obligations of the SWPPP, the State
NPDES General Permit #2 and the City COSESCO Permit. Absent such
written confirmation of transfer of obligations, the developer remains
responsible for compliance on any lot that has been sold. A developer
shall notify the City of any application to the DNR for release of any
property from a General Permit #2 pursuant to 567 IAC 64.6(b) or any
similar successor provision.
2.10 Upon receipt of an application for a City COSESCO Permit, the City shall
either find that the application complies with this ordinance and issue a
City COSESCO Permit in accordance with this ordinance, or that the
application fails to comply with this ordinance, in which case the City
shall provide a bill of particulars identifying noncompliant elements of
the application.'a
2.11 Application for termination of a City COSESCO Permit shall be made in
the following manner:15
SECTION 3. INSPECTION PROCEDURES FOR CITY COSESCO PERMITS.
3.1 All inspections required under this ordinance shall be conducted by [the city
engineer][the city public works director][the community development
14 Each city must determine for itself, based on the availability and expertise of city staff, whether this determination
will be made "in-house" or by a third-party contractor designated by the city. In any event, it is imperative that the
total cost of such determination should be the basis for setting the application fee specified above.
's Some cities may desire to include a procedure for terminating a COSESCO Permit; the circumstances under
which a city may choose to allow termination is a policy determination to be made by the City Council.
8
291 Ij~ ~ ' . i
director][the building inspector][a subcontractor credentialed in a manner
292 satisfactory to the city], hereinafter referred to as the "enforcement officer."
293 3.2 Applicant shall notify the City when all measures required by applicant's
294 SWPPP have been accomplished on-site, whereupon the City shall conduct
295 an inspection for the purpose of determining compliance with this
296 ordinance, and shall within a reasonable time thereafter report to the
297 applicant either that compliance appears to have been achieved, or that
298 compliance has not been achieved, in which case the City shall provide a
299 bill of particulars identifying the conditions ofnon-compliance. The
300 applicant shall immediately commence corrective action and shall complete
301 such corrective action within twenty-four (24) hours of receiving the City's
302 bill of particulars. For good cause shown, the City may extend the deadline
303 for taking corrective action. Failure to take corrective action in a timely
304 manner shall constitute a violation of this ordinance.16
305 3.3 Construction shall not occur on the site at any time when the City has
306 identified conditions of non-compliance. ~ ~
307 3.4 Construction activities undertaken by an applicant prior to resolution of all
308 discrepancies specified in the bill of particulars shall constitute a violation
309 of this ordinance. t s
310 3.5 The City shall not be responsible for the direct or indirect consequences to
311 the applicant or to third-parties for non-compliant conditions undetected by
312 inspection.
313
314 SECTION 4. MONITORING PROCEDURES FOR CITY COSESCO PERMITS
3 l 5 4.1 Upon issuance of a City COSESCO Permit, an applicant has an absolute
316 duty to monitor site conditions and to report to the enforcement officer any
317 change of circumstances or site conditions which the applicant knows or
318 should know pose a risk of stormwater discharge in a manner inconsistent
319 with applicant's SWPPP, State NPDES General Permit #2 and/or City
320 COSESCO Permit.
321 4.1.1 Such report shall be made by the applicant to the enforcement
322 officer immediately but in any event within twenty four (24) hours
323 of the change of circumstances or site conditions.
324 4.1.2 Failure to make a timely report shall constitute a violation of this
325 ordinance.
326 4.2 Any third party may also report to the City site conditions which the third
327 party reasonably believes pose a risk of stormwater discharge in a manner
16 The precise manner of inspection is not specified in the law or the rules. Accordingly, this paragraph is designed
to provide an example of how a city might set up an inspection program. Moreover, as of the date of this model
COSESCO ordinance, all MS4 cities do not have identical inspection requirements. Prior to finalizing this provision,
a city should confirm its inspection obligations specified in its MS4 Permit as originally issued or subsequently
amended.
~ ~ This prohibition is not specified in the law or the rules. However, it would seem sensible to include such a
~rovision to make enforcement more effective.
s This provision is not specified in the law or the rules, but basic ordinance drafting principles suggest that matters
constituting ordinance violations be set out explicitly.
9
r r` ~~ . ~ ~ ~ ` r .,'h.;rtr ~ ti~~ r ~ n !r., ~ o f F.I~nic ~ ait~ P f n eig
l~r i;)r:rir l r r ~ ~;~~a ~,r, r t~ ; ~•re~ ~ ~~`Eee
328 inconsistent with applicant's SWPPP, State NPDES General Permit #2
329 and/or City COSESCO Permit.
330 4.3 Upon receiving a report pursuant to the previous subsections, the
331 enforcement officer shall conduct an inspection of the site as soon as
332 reasonably possible and thereafter shall provide the applicant with a bill of
333 particulars identifying the conditions of noncompliance. The applicant shall
334 immediately commence corrective action and shall complete such corrective
335 action within twenty-four (24) hours of receiving the City's bill of
336 particulars. For good cause shown, the City may extend the deadline for
337 completing corrective action. Failure to take corrective action in a timely
338 manner shall constitute a violation of this ordinance, whereupon the
339 enforcement officer shall immediately commence enforcement actions
340 specified in SECTION 5 below.
341 4.4 Unless a report is made to the enforcement officer pursuant to the previous
342 subsections, the enforcement officer shall conduct at least one unannounced
343 inspection during the course of construction to monitor compliance with the
344 State NPDES General Permit #2 and the City COSESCO Permit. If the
345 inspection discloses any significant noncompliance, the enforcement
346 officer shall provide the applicant with a bill of particulars identifying the
347 conditions of noncompliance. The applicant shall immediately commence
348 corrective actin n and shall complete such corrective action within twenty
349 four (24) hours of receiving the City's bill of particulars. For good cause
350 shown, the City may extend the deadline for completing corrective action.
351 Failure to take corrective action in a timely manner shall constitute a
352 violation of this ordinance, whereupon the enforcement officer shall
353 immediately commence enforcement actions specified in SECTION 5
354 below.
355 4.5 The City shall not be responsible for the direct or indirect consequences to
356 the applicant or to third-parties for non-compliant conditions undetected by
357 inspection.
358
359 SECTION 5. ENFORCEMENT
360 5.1 Violation of any provision of this ordinance may be enforced by civil action
361 including an action for injunctive relief. In any civil enforcement action,
362 administrative or judicial, the City shall be entitled to recover its attorneys'
363 fees and costs from a person who is determined by a court of competent
364 jurisdiction to have violated this ordinance.
365 5.2 Violation of any provision of this ordinance may also be enforced as a
366 municipal infraction within the meaning of §364.22, pursuant to the City's
367 municipal infraction ordinance. ~ 9
i9 A city may consider various enforcement mechanisms. However, the Iowa Code furnishes cities with a very
useful tool called "municipal infractions." A municipal infraction is a hybrid between a crime and a common law
tort, e.g., nuisance, but it is much easier to establish than either a crime or a tort. If a city adopting this ordinance
does not already have a municipal infraction ordinance, one should be seriously considered for reasons which are
beyond the scope of this model ordinance.
l0
368 5 3 Enforcement pursuant to this section shall be undertaken by the
369 enforcement officer upon the advice and consent of the City Attorney.
370
371 SECTION 6. PERFORMANCE BOND OR CASH SECURITY20
372 6.1 Along with the application for a City COSESCO Permit, the applicant shall
373 post security for compliance with all requirements imposed by the State
374 NPDES General Permit #2 and the City COSESCO Permit as well as
375 necessary remedial work resulting from violation of any provision of this
376 ordinance in an amount of $ per gross acre or $
377 for each single or twin family home, whichever is
378 greater. This amount shall apply to the maximum acreage of soil that will
379 be simultaneously exposed during the project's construction.
380 6.2 Acceptable forms of Performance Security include the following:
381 6.2.1 Performance Bonds;
382 6.2.2 Surety Bonds;
383 6.2.3 Money Orders;
384 6.2.4 Certificates of Deposit.
385 6.3 The application form signed by the applicant for a City COSESCO Permit
386 shall include the following commitment by the applicant: "In addition to the
387 performance security posted with this application, the undersigned applicant
388 hereby agrees to defend, indemnify and hold the City harmless from any
389 and all claims, damages or suits arising directly or indirectly out of any act
390 of commission or omission by the applicant, or any employee, agent, assign
391 or contractor or subcontractor of the applicant, in connection with
392 applicant's State NPDES General Permit #2 and/or City COSESCO
393 Permit.21
394
395 SECTION 7. APPEAL
396 7.1 Administrative decisions by city staff and enforcement actions of the
397 enforcement officer may be appealed by the applicant to the city council
398 pursuant to the following rules:2a
399 7.1.1 The appeal must be filed in writing with the city clerk within five (5)
400 business days of the decision or enforcement action.
401 7.1.2 The written appeal shall specify in detail the action appealed from,
402 the errors allegedly made by the enforcement officer giving rise to
403 the appeal, a written summary of all oral and written testimony the
'`0 [t must be acknowledged that the financial security provisions of this SECTION 6 are stringent and may even be
deemed by city officers or applicants as inordinately so. Accordingly, cities may choose a more flexible menu of
security options, including but not limited to letters of credit. Cities might also choose to include a provision such as,
"...or any other form of security acceptable to the City...," provided that cities choosing to exercise such discretion
must be prepared to demonstrate a lack of bias if any particular ad-hoc security requirement decision is challenged
b~ a disgruntled applicant.
z Even if a city chooses to dispense with a Performance Bond or Cash Security, the "defend and hold harmless"
terms of this §6.3 should be retained.
zz If the city already has rules applicable to the appeal of enforcement actions, the existing process may be incorporated
by reference in lieu of the indicated language. The specificity of this provision in terms oftime-lines, hearings and
decisions are necessary in order to satisfy constitutional principles of due process and equal protection.
11
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applicant intends to introduce at the hearing, including the names
and addresses of all witnesses the applicant intends to call, copies of
all documents the applicant intends to introduce at the hearing, and
the relief requested.
7.1.3 The enforcement officer shall specify in writing the reasons for the
enforcement action, a written summary of all oral and written
testimony the enforcement officer intends to introduce at the
hearing, including the names and addresses of all witnesses the
enforcement officer intends to call, and copies of all documents the
enforcement officer intends to introduce at the hearing.
7.1.4 The city clerk shall notify the applicant and the enforcement officer
by ordinary mail, and shall give public notice in accordance with
Chapter 21, Iowa Code, of the date, time and place for the regular or
special meeting of the city council at which the hearing on the
appeal shall occur. The hearing shall be scheduled for a date not less
than four (4) nor more than twenty (20) days after the filing of the
appeal. The rules of evidence and procedure, and the standard of
proof to be applied, shall be the same as provided by Chapter 17A,
Code of Iowa. The applicant may be represented by counsel at the
applicant's expense. The enforcement officer may be represented by
the city attorney or by an attorney designated by the city council at
City expense.
7.2 The decision of the city council shall be rendered in writing and may be
appealed to the Iowa District Court.
,,,, 'c ~ ,i,„~ ..
12
Gas
October 20, 2006
Michael Van Milligen
City of Dubuque
50 W 13th Street
Dubuque, IA 52001-4864
Dear Michael:
As a community that complies with the rules and regulations required by the US Environmental
Protection Agency, we feel it is important that you consider the perspective of the development and
construction industries when drafting compliance ordinances for the Iowa Department of Natural
Resources (IDNR) Municipal Separate Storm Sewer Systems (MS4) discharge permits. In doing so,
we ask that you give the enclosed proposed ordinances consideration as you work toward drafting
and approving the construction site erosion and sediment control ordinance (COSESCO) and the
post-construction ordinance required for your Phase II, MS4 permit.
We have developed these model ordinances in a manner that meets the requirements of the IDNR
and your permits, but does not hinder your community's ability to attract development opportunities.
The IDNR MS4 permit requires that a COSESCO ordinance, at a minimum, must:
- Require proper soil erosion and sediment control;
- Require the Permittee to comply with its NPDES Permit, which is usually a General Permit
No. 2 issued by IDNR;
- Address waste at construction sites that may cause adverse impacts to water quality such as
building materials, concrete truck wash-out, chemicals solid waste and sanitary waste;
- Include the authority for the MS4 jurisdiction to terminate activity on site which is not in
compliance with permits;
- Grant MS4 jurisdiction officials access to construction sites for inspection;
- Provide penalties for noncompliance;
- Require MS4 jurisdictions to review and approve site plans and pollution prevention plans
and that such plans are in conformance with its Permit; and
- Require MS4 jurisdictions to conduct at least quarterly inspections during-construction.
In addition, your post-construction program, at a minimum, must:
- Include controls to minimize /prevent water quality impacts and include:
o Post-Construction Site Runoff Control Policy Ordinance, which shall provide:
^ Control runoff from building activities after construction has been completed;
^ Require water quality and quantity components be considered in the design of
new construction and implemented when practical;
^ Promote the use of storm water detention and retention, grass swales,
bioretention swales, riparian buffers and proper operation and maintenance of
these facilities;
o Inspection of Runoff Control Devices;
^ Must be inspected and review for proper maintenance
^ Educational materials must be developed and made available to landowners
which outline proper maintenance procedures
^ The MS4 is responsible for properly maintaining its own control devices and
structures
o Watershed Assessment Program, which;
^ Must outline measures to be implemented which reduce flooding, reduce
erosion in ditches and streams, improve water quality and reduce degradation
to habitat for fish and wildlife;
How you draft these ordinances is up to you. However, it is important that you understand that you
have options and should not feel compelled to accept a single choice that would adversely impact
your community's ability to attract development. You may have seen a number of other model
ordinances that meet IDNR requirements, but also go well beyond the perview of storm water
permits. Such "add-ons" reflect the respective agendas of their drafters and were in no way drafted
with the perspective of the industry that will be regulated (i.e. contractors and developers). Our
model ordinances take into account the development industry, while still maintaing compliance with
IDNR storm water permits.
The Iowa Department of Natural Resources agrees with our position of unnecessary "add-ons". The
IDNR has stated, "Various entities, other than the DNR, have written and distributed model
ordinances and other documents designed to aid city personnel in complying with the MS4 permit
requirement. Regardless of the origin or contents of any of these documents and even though DNR
staff and funding assisted with some of their development, the Department will not compel the
adoption of any specific model ordinance." The local jurisdiction will be in compliance as long as
their respective permit requirements are enacted by the specified dates.
It is our hope that you give serious consideration and adopt the enclosed model ordinances for your
COSESCO and post-construction requirements. As representatives from the development and
contracting industries, it is our wish to promote development and growth in your community and not
have ordinances that inadvertently institute regulations that will have ananti-development impact.
Sincerely,
Associated General Contractors of Iowa
Iowa Association of Business and Industry
Iowa Association of Realtors
Manatts Incorporated
Master Builders of Iowa
CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL (COSESCO)
MODEL ORDINANCE OF MBI
CHAPTER CONSTRUCTION SITE EROSION AND SEDIMENT
CONTROL.
SECTION 1. FINDINGS
1.1. The U.S. EPA's National Pollutant Discharge Elimination System ("NPDES")
permit program ("Program") administered by the Iowa Department of Natural
Resources ("IDNR") requires that cities meeting certain demographic and
environmental impact criteria obtain from the IDNR an NPDES permit for the
discharge of storm water from a Municipal Separate Storm Sewer System (MS4)
(the "MS4 Permit"). The City of ("City") is subject to the
Program and is required to obtain, and has obtained, an MS4 Permit. The City's
MS4 Permit is on file at the office of the city clerk and is available for public
inspection during regular office hours.
1.2. The Program requires certain individuals engaged in construction activities to
submit an application to the IDNR for a State NPDES General Permit #2.
Notwithstanding any provision of this ordinance, the owner of the property upon
which construction activities take place bears final and complete responsibility for
compliance with a State NPDES General Permit #2 and any other requirement of
state or federal law or administrative rule.
1.3. As a condition of the City's MS4 Permit, the City is obliged to undertake
responsibility for inspections, monitoring and enforcement of the Program by
adopting a CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL
ORDINANCE (COSESCO) designed to achieve the following objectives:
1.3.1. Any person, firm, sole proprietorship, partnership, corporation, state
agency or political subdivision ("Applicant") required or allowed by law
or administrative rule to apply to the IDNR for a State NPDES General
Permit #2 shall be subject to the terms of the COSESCO; and
1.3.2. The City shall have responsibility for inspection, monitoring and
enforcement procedures to promote applicants' compliance with State
NPDES General Permits #2.
1.4. No state or federal funds have been made available to assist the City with
inspections, monitoring and/or enforcing the Program. Accordingly, the City
shall fund its inspection, monitoring and enforcement responsibilities entirely by
fees imposed on the owners of properties which are made subject to the Program
by virtue of state and federal law, and/or other sources of funding established by a
separate ordinance.
1.5 Terms used in this ordinance shall have the meanings specified in the Program.
SECTION 2. PROCEDURE FOR COSESCO COMPLIANCE
2.1 All persons required by law or administrative rule to obtain a State NPDES
General Permit #2 from the IDNR are subject to the terms of this ordinance and
are required to comply with the requirements of the State NPDES General Permit
#2.
2.2 Prior to the issuance of any permits by the City for construction activities on the
site, an Applicant shall:
2.2.1 Submit to the City a site plan which shows best management practices
(BMP) control measures and a Storm Water Pollution Prevention Plan
(SWPPP) applicable to the site and shall receive approval of the site plan
and SWPPP;
2.2.2 Submit to the City a Plan Review Fee of $ ;and
2.2.3 Notify the City that it has submitted all necessary information to the State
for coverage under General Permit #2 for the site.
2.3 The City shall have fifteen (15) days from the date of the receipt of the
Applicant's site plan and SWPPP to review and approve or reject the site plan and
SWPPP:
2.3.1 If the City approves the site plan and SWPPP, the City shall notify the
applicant of such approval immediately but in all events no later than
twenty (20) days after submittal of the site plan and SWPPP to the City;
2.3.2 If the City takes no action within fifteen (15) days, the site plan and
SWPPP will be deemed approved by operation of law to the extent that the
site plan and SWPPP are in compliance with the requirements of General
Permit #2;
2.3.3 If the City rejects the site plan and SWPPP, the City shall inform the
Applicant, in writing and with specificity, of all reasons for the rejection;
2.3.3.1 Applicant may attempt to correct the deficiencies itemized by the
City and resubmit the site plan and SWPPP to the City for review.
The City shall have seven (7) days from the date of the resubmittal
to review and approve or reject the revisions to the site plan and/or
SWPPP. If the City approves the revisions, the City shall
immediately notify the Applicant of such approval but in all events
no later than ten (10) days after resubmittal by the Applicant. If
-2-
the City takes no action within seven (7) days, the site plan and/or
SWPPP will be deemed approved to the extent that the site plan
and SWPPP are in compliance with the requirements of General
Permit #2 If the City rejects the revisions to the site plan and/or
SWPPP, the City shall inform the Applicant, in writing and with
specificity, of all reasons for the rejection and Applicant may,
again, attempt to correct the deficiencies in the manner set out
above.
2.3.3.2 Applicant may challenge the City's rejection of site plan and
SWPPP approval by appealing to the Board of Adjustment.
2.4 Every SWPPP submitted to the City for review:
2.4.1 Shall comply with all existing requirements for S WPPPs promulgated by
the IDNR in connection with issuance of a State NPDES General Permit
#2; and
2.4.2 Shall, if the Applicant is required by law to file a Joint Application Form
PROTECTING IOWA WATERS, IOWA DEPARTMENT OF
NATURAL RESOURCES AND U.S. ARMY CORPS OF ENGINEERS,
comply with all mandatory minimum requirements pertaining to such
applicants; and
2.4.3 Shall comply with all other applicable state or federal permit requirements
in existence at the time of application including, but not limited to, waste
at construction sites that may cause adverse impact to water quality such
as building materials, concrete truck washout, chemicals, solid waste and
sanitary waste.
SECTION 3. INSPECTION PROCEDURES FOR COSESCO
1 All inspections required under this ordinance shall be conducted by [the city
engineer] [the city public works director] [the community development director] [the
building inspector] [a subcontractor credentialed in a manner satisfactory to the city],
hereinafter referred to as the "enforcement officer."
3.2 Any Applicant that is subject to the terms of COSESCO shall allow the City or an
authorized representative of the City, upon the presentation of credentials and other
documentation as may be required by law, to enter upon Applicant's private property
which is the subject of the SWPPP for inspection purposes.
3.3 The City may conduct inspections at any time.
3.3.1 In any calendar year, the City must inspect the site [twice each calendar
year] [once each quarter] and upon the receipt of a complaint (not to
exceed one time per calendar month) and the city may charge to the
applicant the amount of up to $ for each such inspection;
-3-
3.3.2 In addition to the inspections set out in 3.3.1 the City may conduct
additional inspections at the City's own expense.
3.4 In the event an inspection identifies an area or incident of non-compliance, the City
may, at its discretion, provide Applicant with a bill of particulars that identifies the
area or incident ofnon-compliance. In the event an enforcement action is taken, a bill
of particulars must first be provided to Applicant.
SECTION 4. MONITORING PROCEDURES FOR COSESCO
4.1 It shall be Applicant's duty to notify the City of any changes, alterations, transfers
of coverage or sales of any property in the same manner, to the same extent and at
the same time as such notification is provided to the Iowa Department of Natural
Resources pursuant to the requirements of the state NPDES General Permit No. 2.
SECTION 5. ENFORCEMENT BY LEGAL OR ADMINISTRATIVE ACTION
5.1 Violation of any provision of this ordinance may be enforced by legal (civil)
action including an action for injunctive relief.
5.2 Violation of any provision of this ordinance may also be enforced as a municipal
infraction within the meaning of §364.22, pursuant to the City's municipal
infraction ordinance.
5.3 Enforcement pursuant to this section shall be undertaken by the enforcement officer
upon the advice and consent of the City Attorney.
SECTION 6. ENFORCEMENT BY ORDER TO TERMINATE FURTHER ACTIVITIES
6.1 As an alternative to enforcement by legal or administrative action, an enforcement
officer may issue an order to terminate specific activities at the site which are in
violation of the SWPPP under the following conditions:
6.1.1 The order to terminate may be issued only for failure to implement or
maintain pollution control BMPs;
6.1.2 The order may issue for a period not to exceed five days during which time
the Applicant will be allowed to correct the identified deficiency;
6.1.3 The Applicant may reject the order by notifying the city, in writing. Upon
receipt of such written notice, the order to terminate shall be deemed null
and void and the City may undertake enforcement pursuant to Section 5
herein.
6.1.4 The order shall not prohibit other construction activity from taking place on
the property so long as that other construction activity is not in violation of
the SWPPP.
-4-
6.2 If the Applicant does not reject the order to terminate and corrects the identified
deficiency within the designated period, the Applicant may immediately commence
further activity at the site and no further penalties or orders shall issue against the
applicant for the identified deficiencies. Prior to commencing further activity at the
site, the Applicant shall establish correction of the deficiency by providing to the
office of the enforcement officer, a written statement, signed under oath, that the
deficiency has been corrected with a description, including photographs when
appropriate, of the action taken to correct the deficiency.
6.3 If the deficiency cannot be corrected within two days, the Applicant may seek an
extension of the order to terminate for such additional period of time as allowed by
the enforcement officer.
6.4 If the deficiency is not corrected within the designated period (with extensions), the
city may commence a legal or administrative action against the applicant as set
forth in Section 5 above.
SECTION 7. APPEAL
7.1 Administrative decisions by city staff and enforcement actions of the enforcement
officer may be appealed by the applicant to the board of adjustment pursuant to
the following rules:
7.1.1 The appeal must be filed in writing with the city clerk within thirty (30)
business days of the decision or enforcement action.
7.1.2 The written appeal shall specify the action appealed from and the errors
allegedly made by the enforcement officer giving rise to the appeal.
7.1.3 Within five (5) days of filing the written appeal, the enforcement officer
shall specify in writing the reasons for the enforcement action.
7.1.4 The city clerk shall notify the Applicant and the enforcement officer by
first class mail, and shall give public notice in accordance with Chapter
21, Iowa Code, of the date, time and place for the regular or special
meeting of the board of adjustment at which the hearing on the appeal
shall occur. The hearing shall be scheduled for a date not less than ten
(10) nor more than thirty (30) days after the filing of the appeal. The rules
of evidence and procedure, and the standard of proof to be applied, shall
be the same as provided by Chapter 17A, Code of Iowa. The Applicant
may be represented by counsel at the applicant's expense. The
enforcement officer may be represented by the city attorney or by an
attorney designated by the board of adjustment at City expense.
7.2 The decision of the board of adjustment shall be rendered in writing and may be
appealed to the Iowa District Court.
-5-
Engineering Department
City Hall
50 West 13'" Street
Dubuque, Iowa, 52001-4864
(563)-589-4270 office
(563)-589-4205 fax
r~ a e crrv ~H
DUB E
"HOW TO AVOID CONSTRUCTION SITE FINES"
DATE:
TIME:
LOCATION:
NOTE:
FOCUS:
RSVP (BY DECEMBER 1)
Wednesday, December 6, 2006
10 AM Central Time
Five Flag Centers -Majestic Room
4th & Main Streets
Use Locust Street Entrance
Informational Meeting for Contractors Regarding New City
Ordinance for Erosion /Sedimentation Control Practices.
Dean Mattoon, Engineering Assistant
(563.589.4270 or dmattoon(a~cityofdubugue.orq)
Starting January 15`, 2007, The City of Dubuque Engineering Department will be performing quarterly
inspections of all construction sites that require an NPDES No. 2 Permit to ensure that construction sites
are maintained according to their NPDES Permit.
We invite your project foremen and construction site supervisors who will be on site and responsible for
maintaining your NPDES Permits to an informal meeting that will be held at the Five Flags Civic Center,
in the Majestic Room on Wednesday, December 6~', 2006 at 10:00 a.m. Please use the Locust Street
entrance.
Please note that there is a fine schedule for all construction sites that do not meet any or all of the
requirements of their NPDES Permit. This meeting will help you stay in compliance with the current
regulations and avoid fines. We strongly urge those who will be responsible for the construction site
to attend.
Discussion topics will include:
^ Stormwater Pollution Prevention Plan:
a. Maintaining a SWPPP on site and keeping it current.
^ Inspection Duties of the permit holder or construction site representative.
a. Filling out a weekly inspection report.
b. Filling out an implementation schedule report.
^ Bare Soil
a. The 21-day rule.
^ City Erosion and Sediment Control Permit
a. Information needed to obtain a permit
b. Fees
c. How to apply
d. All active sites must obtain permit
^ Key points of the NPDES permit and how it affects you and your construction site
a. What The City will be looking for while inspecting sites
b. Ordinance violations and fees
^ Filing a Notice of Discontinuation
WE LOOK FORWARD TO SEEING YOU.
F:\NPDES\Documents\MS4 Procedures\Contractor Invitation.doc
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 Discharees
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:
1. in compliance with a separate NPDES permit; or
2. identified by and in compliance with Part IV. of this permit.
PART II. STORM WATER POLLUTION PREVENTION & MANAGEMENT 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:
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 Stonn Sewer System
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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.
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 1,
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.
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 1, 2005
and then televised at least once each calendar quarter for the remainder of the duration of the
permit.
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 1, 2008
and shall be made available for the remainder of the duration of the permit.
B. Public Involvement and Participation
The permittee shall implement a public involvement and participation program that includes the
following:
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
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 1, 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 of receiving 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 1, 2005 and continue for the
remainder of the duration of the permit.
C. Illicit Discharge Detection and Elimination
The permittee shall develop, implement and enforce a discharge detection and elimination program that
includes the following:
Illicit 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 1, 2005
and enforced by the permittee for the remainder of the duration of the permit.
Illicit 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. If the Department does not approve the plan, the permittee will then be required
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City of Dubuque Municipal Separate Storm Sewer System
Permit Number: 31-26-0-04
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 permittee no later than September 1,
2005 and for the remainder of the duration of the permit.
Storm 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 permit. New intakes, outfalls and piping
added during the term of the permit shall be mapped as they are constructed.
The mapping shall commence no later than September 1, 2004 by the permittee and shall be
completed no later than the expiration date of the permit.
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 permittee no later than September 1, 2005.
D. Construction Site Storm Water Runoff Control
The permittee shall develop, implement and enforce a construction site storm water runoff control
program to reduce pollutants in any storm water runoff from construction activities for which storm water
permit coverage is required and that includes the following:
Construction Site Runoff Control Ordinance - An ordinance shall be developed or amended
as needed and enforced on all sites for which NPDES permits are required that requires
proper soil erosion and sediment control. This ordinance shall also address waste at
construction sites that may cause adverse impacts to water quality such as building materials,
concrete truck washout, chemicals, solid waste and sanitary waste. Authority to issue an
order to terminate activities due to failure to implement or maintain pollution control BMPs,
authority for the permittee to enter private property for the purposes of compliance
inspections and penalties for non-compliance shall be included. The ordinance shall require
site plan and pollution prevention plan review and approval by the permittee prior to
issuance of any permits for the site by the permittee. The ordinance shall require compliance
with the Department's Storm Water General Permit no. 2.
The ordinance shall be adopted or amended by the permittee as necessary no later than
September 1, 2006 and enforced beginning no later than September 1, 2006 for the
remainder of the duration of the permit.
Construction Site Review and Inspection Program -The permittee shall require site plan and
pollution prevention plan review and approval by the permittee or the permittee's agent prior
to issuance of any permits for the site by the permittee for construction activities for which
an NPDES permit is required. The program shall require compliance with the Department's
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City of Dubuque Municipal Separate Storm Sewer System
Permit Number: 31-26-0-04
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 1, 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 1, 2007 and for the remainder of the duration of the permit.
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.
E. Post-construction Storm Water Mana eg ment
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:
Post-construction 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 1,
2006 and for the remainder of the duration of the permit.
2. Site Plan Review of Post~onstruction 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 1, 2007 and
implemented for the remainder of the duration of the permit.
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City of Dubuque Municipal Separate Storm Sewer System
Permit Number: 31-26-0-04
3. Inspection of Runoff Control Devices -Storm 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
permittee shall properly maintain its own control devices and structures.
Inspections shall be conducted beginning no later than September 1, 2007 and for the
remainder of the duration of the permit. The educational materials shall be developed no
later than September 1, 2007 and made available for the remainder of the duration of the
permit.
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 permittee shall then implement the program
whenever possible to meet these goals.
The program shall be established by the permittee no later than September 1, 2007 and
implemented for the remainder of the duration of the permit.
Developer and House Builder Workshop -The permittee 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 storm water runoff.
The first workshop shall be held no later than September 1, 2006 an at least once each year
for the remainder of the duration of the permit.
F. Pollution Prevention/Good Housekeeping
The permittee 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:
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 performed as
appropriate.
The program shall be implemented by the permittee no later than September 1, 2005 and for
the remainder of the duration of the permit.
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 determine 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 1, 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
1, 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 from these facilities.
These measures shall then be implemented whenever practical.
The program shall be implemented by the permittee beginning no later than September 1,
2006 and for the remainder of the duration of the permit.
PART III. REPORTING REQUIREMENTS
Annual Report
The permittee shall prepare an annual report to be submitted to the Department no later than September
30 of each calendar year with the first report due in calendar year 2005. The report shall include the
following:
1. 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 narrative 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 current 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.
PART IV. SPECIAL CONDITIONS
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City of Dubuque Municipal Separate Storm Sewer System
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Only storm water, allowable non-storm water, and pollutants for which an NPDES permit has been issued
and when the discharge is in compliance with the permit, are allowed to be discharged to the MS4. The
permittee shall not have nor allow any discharge of pollutants from a site, facility or source for which an
NPDES permit is required unless an NPDES permit has been issued for the discharge. Upon discovery of
any unpermitted discharge for which a permit is required or, if an NPDES permit has been issued for the
discharge, a discharge not in compliance with the permit, the permittee shall report the discharge to the
Department no later than the end of the next business day after the discharge is discovered. Floor drains
and other potential sources of pollutants shall be considered discharges even if no actual pollutants have
been observed entering the MS4 from such a source.
The permittee is prohibited from issuing any permit, authorization or license allowing any construction,
excavating, clearing, grubbing, or any other soil disturbing activity and is prohibited from allowing a
person, persons, company, political unit or other entity, public or private, from doing same for which, in
whole or as part of another project, coverage under an NPDES permit is required without first ensuring
that a storm water authorization from the Department has been issued for the activity.
A construction site inspection program shall be developed and implemented for construction projects
owned or operated by the permittee that include areas of soil disturbance for which NPDES permits are
required. The inspection program shall be used to ensure that contractors are correctly implementing
BMPs which have been approved in the pollution prevention plan and any additional necessary measures.
The program shall require inspections by the permittee at least every 7 days and 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 storm water General Permit no. 2. Inspections required by General Permit no. 2 must
also be conducted by the contractors or the permittee including inspections within 24 hours of the end of a
0.50 inch or greater rain event. Inspections made by the permittee that satisfy the requirements of
General Permit no. 2 may be used to satisfy the requirements of this permit.
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 permit are accomplished by the permittee is subject to
review and approval by the Department. Should the Department give notice to the permittee that the
approach used by the permittee to comply with any permit provision is unacceptable, the permittee must
modify its approach as required in order to be considered in compliance with the permit.
PART V. STANDARD CONDITIONS
A. Pemittee's Duty to Comply
The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a
violation of the Clean Water Act (CWA) and is grounds for enforcement action; for permit termination,
revocation and reissuance, or modification; or for denial of a permit renewal application. Issuance of this
permit does not relieve 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
122.4 I (a) and 567-64.3 (] 1) IAC).
B. Duty to Provide Information
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City of Dubuque Municipal Separate Storm Sewer System
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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. Si ng atory Requirements
Storm Water Pollution Prevention Plans, reports, certifications or information either submitted to the
Department or that this permit requires be maintained by the permittee, shall be signed as follows:
For a municipality, State, Federal, or other public facility: by either a principal executive officer or
ranking elected official. For purposes of this section, a principal executive officer of a Federal agency
includes 1) the chief executive officer of the agency, or 2) a senior executive officer having
responsibility for the overall operations of 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.
Property Rights
The issuance of this permit does not convey any property rights of any sort, nor any exclusive privileges,
nor does it authorize any injury to private property nor any invasion of personal rights, nor any
infringement of Federal, State, or local laws or regulations.
G. Severabilitv
The provisions of this permit are severable, and if any provision of this permit, or the application of any
provision of this permit to any circumstance, is held invalid, the application of such provision to other
circumstances, and the remainder of this permit shall not be affected thereby.
H. State/Environmental Laws
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City of Dubuque Municipal Separate Storm Sewer System
Permit Number: 31-26-0-04
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the
permittee from any responsibilities, liabilities, or penalties established pursuant to any applicable State
law or regulation under authority preserved by Section 510 of the Act. No condition of this permit shall
release the permittee from any responsibility or requirements under other environmental statutes,
regulations or permits.
Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of treatment and
control (and related appurtenances) that are installed or used by the permittee to achieve compliance with
the conditions of this permit and with the requirements of storm water pollution prevention plans. Proper
operation and maintenance also includes adequate laboratory controls and appropriate quality assurance
procedures. Proper operation and maintenance requires the operation of backup or auxiliary facilities or
similar systems, installed by the permittee only when necessary to achieve compliance with the conditions
of the permit.
Inspection and Entry
The permittee shall allow the Department, an authorized representative or an authorized representative of
the municipal operator of the separate storm sewer receiving the discharge, upon the presentation of
credentials and other documents as may be required by law, to: enter upon the permittee's premises where
a regulated facility or activity is located or conducted or where records must be kept under the conditions
of this permit; have access to and copy at reasonable times, any records that must be kept under the
conditions of this permit; inspect at reasonable times any facilities or equipment (including monitoring
and control equipment); and to sample any discharge of pollutants.
K. Permit Actions
This 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 Oualit
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.
N. Penalties For Violations of Permit Conditions
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City of Dubuque Municipal Separate Storm Sewer System
Permit Number: 31-26-0-04
Section 309 of the CWA provides significant penalties for a person(s) who violates a permit condition
implementing Section 301, 302, 306, 307, 318, or 405 of the CWA, or any permit condition or limitation
implementing any such sections in a permit issued under Section 402. Any person(s) who violates any
condition of this permit is subject to a civil penalty not to exceed $25,000 per day of such violation, as
well as any other appropriate sanction provided by Section 309 of the CWA.
PART VI. DEFINITIONS
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, irrigation water, air conditioning condensate, exterior building wastewater when no detergents
or other surfactants are used and pavement wastewaters 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 Quarter 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.
Facility means any entity which discharges storm water.
Municipal separate storm sewer system means the conveyance or system of conveyances including
storm sewers, roadways, roads with drainage systems, catch basins, curbs, gutters, ditches, constructed
channels and storm drains owned or operated by the permittee.
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 irrigated 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.
Storm water means storm water runoff, snow melt runoff, and surface runoff and drainage.
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City of Dubuque Municipal Separate Storm Sewer System
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Storm water discharge associated with industrial activity means the discharge from any conveyance
that is used for collecting and conveying storm water and that is directly related to manufacturing,
processing or raw materials storage areas at an industrial plant. The term does not include discharges
from facilities or activities excluded from the NPDES program. For the categories of industries
identified in paragraphs (i) through (x) of this definition, the term includes, but is not limited to, storm
water discharges from industrial plant yards; immediate access roads and rail lines used or traveled by
carriers of raw materials, manufactured products, waste material, or by-products used or created by the
facility; material handling sites; refuse sites; sites used for the application or disposal of process waste
waters (as defined at 40 CFR Part 401); sites used for the storage and maintenance of material handling
equipment; sites used for residual treatment, storage, or disposal; shipping and receiving areas;
manufacturing buildings; storage areas (including tank farms) for raw materials, and intermediate and
finished products; and areas where industrial activity has taken place in the past and significant
materials remain and are exposed to storm water. For the categories of industries identified in
paragraph (xi) of this definition, the term includes only storm water discharges from all areas (except
access roads and rail lines) listed in the previous sentence where material handling equipment or
activities, raw materials, intermediate products, final products, waste materials, by-products, or
industrial machinery are exposed to storm water. For the purposes of this paragraph, material handling
activities include the storage, loading and unloading, transportation, or conveyance of any raw material,
intermediate product, finished product, by-product or waste product. The term excludes areas located
on plant lands separate from the plant's industrial activities, such as office buildings and accompanying
parking lots as long as the drainage from the excluded areas is not mixed with storm water drained
from the above described areas. Industrial facilities (including industrial facilities that are Federally,
State, or municipally owned or operated that meet the description of the facilities listed in paragraphs
(i) to (xi) of this definition) include those facilities designated under 122.26(a)(1)(v). The following
categories of facilities are considered to be engaging in "industrial activity" for purposes of this
subsection.
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 ] 0 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 434.1 1(1) because the
performance bond issued to the facility by the appropriate SMCRA authority has been released,
or except for areas of non-coal mining operations that have been released from applicable State
or Federal reclamation 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;
Landfills, land application sites, and open dumps that have received any industrial wastes (waste
that is received from any of the facilities described under this subsection) including those that are
subject to regulation under Subtitle D of RCRA;
12/13
City of Dubuque Municipal Separate Storm Sewer System
Permit Number: 31-26-0-04
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 1 acre or more of total land area or which result in the disturbance of less than 1
acre but are part of a larger common plan of development or sale of 1 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.
]3/13
THE CITY OF
DuB E MEMORANDUM
~-~~
September 15, 2006
TO: Environmental Stewardship Advisory Commission
FROM: Deron Muehring, Civil Engineer II ~~'
SUBJECT: Draft Erosion and Sediment Control Ordinance
INTRODUCTION
The purpose of this memo is to present the draft Erosion and Sediment Control (ESC)
Ordinance for review and comment.
BACKGROUND
On November 1, 2004 the City Council adopted Resolution 413-04, approving the
NPDES MS4 stormwater permit authored by the IDNR for the period of September 1,
2004 to August 31, 2009. Pages 4/13 and 5/13 of the permit (attached) outline the
specific construction site erosion and sediment controls.
The City's MS4 permit required an illicit discharge ordinance making it a municipal
infraction to cause sediment to enter into the City's stormwater management system.
The City's Illicit Discharge Ordinance was passed in April of 2003.
The City's MS4 permit also requires an ordinance to require proper soil erosion and
sediment control and grant authority to terminate activities due to failure to implement or
maintain erosion and sediment controls. It must also grant authority to enter private
property for the purposes of compliance inspections. Penalties for non-compliance shall
be included. The ordinance shall require site plan and pollution prevention plan review
and approval by the City prior to issuance of any permits for the site by the City. The
ordinance shall require compliance with the Iowa DNR's Storm Water General Permit
no. 2.
DISCUSSION
As stated in the draft ordinance attached hereto, the objectives are:
(1) To allow development while minimizing erosion and sedimentation;
(2) To reduce water quality impacts to receiving water resources caused by land
disturbing activities;
(3) To establish legal authority to carry out all inspection, surveillance and
monitoring procedures necessary to ensure compliance with this Ordinance
and the City's MS4 Permit; and
(4) To establish the City Erosion and Sediment Control Permit (City ESC Permit)
in addition to and not in lieu of the State NPDES General Permit #2.
Since March of 2003, all public and private construction activities disturbing one or more
acres must apply to the Iowa Department of Natural Resources (IDNR) for a stormwater
discharge permit, a State NPDES General Permit #2. See attachment. It requires the
development of a stormwater Pollution Prevention Plan (SWPPP) with appropriate best
management practices (BMPs) for soil erosion and sediment controls.
The adoption of the draft ESC ordinance will impact development in the following ways:
1) Any development required by State law to obtain a State NPDES General
Permit #2 from the IDNR must obtain a Erosion and Sediment Control (ESC}
permit from the City of Dubuque.
The need for establishing the City ESC permit is that the City is required to
inspect all activity requiring a State NPDES General Permit #2. The ESC
permit is the only sure way to comply with that requirement.
While the ESC permit is currently under development, a preliminary list of
information and materials required for the City ESC permit is attached. Again,
All of the items listed are already required of the developer by the State
NPDES General Permit #2.
The draft ordinance lists January 1, 2007 as the date the ordinance would
take effect. This will allow the preparation of the ESC permit along with
instructions and procedures for City staff to promote a streamlined permit
process.
No recommendation with regard to a fee associated with the permit has been
formulated.
2) Engineering personnel will make periodic inspections of all permitted sites to
ensure compliance with the terms of the draft ordinance and the State
NPDES General Permit #2. Essentially, a violation of a State NPDES General
Permit #2 will constitute a violation of the City's Erosion and Sediment Control
Ordinance.
3) If a construction site is found non-compliant with the State NPDES General
Permit #2 or the City's ESC Ordinance, and the site is not brought into
compliance, civil citations and/or work stoppages may be used to promote
bringing the site into compliance. Both are requirements of the City's MS4
permit.
This summer, Engineering has inspected 57 construction sites that have an active State
NPDES General Permit #2. The City's MS4 permit requires quarterly visits. By the 2007
construction season, Engineering staff will have all the tools in place to perform the
required inspections, document violations, work with developers to bring violations into
compliance, and if needed, utilize the enforcement measures to promote compliance
outlined in the ESC Ordinance.
RECOMMENDATION
Engineering recommends that interested parties review the draft Erosion and Sediment
Control Ordinance.
ACTION TO BE TAKEN
I respectfully request that the Environmental Stewardship Advisory Commission review
the draft Erosion and Sediment Control Ordinance and provide comments, suggestions,
insight as they deem appropriate.
Encl.
cc: Gus Psihoyos, City Engineer
PUBLIC NOTICE
SPECIAL MEETING
GOVERNMENTAL BODY: Environmental Stewardship Advisory Commission
DATE: September 20. 2006 TIME: 4:00 p.m.
LOCATION: City Hall Annex. 1300 Main Street, Conference Room # 1
AGENDA
Call to Order.
Roll Call.
III. Certification of Compliance with the Iowa Open Meetings Law.
III. Test Agenda.
IV. Items from Staff.
a) New business.
1. Erosion and Sediment Control Ordinance.
V. Clarification of Tasks.
VI. Next Meeting Date - 10/03/06
VII. Adjournment.
This notice is given pursuant to Chapter 21, Code of Iowa and applicable local regulations of the City of
Dubuque and/or the governmental body holding the meeting. Any visual orhearing-impaired persons
needing special assistance or persons with special accessibility needs should contact Mary Rose
Corrigan at 589-4181 or TDD 589-4193 at least 48 hours prior to the meeting.
Authorized Signature
Mary Rose Corrigan
COMMISSIONERS -RSVP REGRETS ONLY, 589-4181, OR FAX # 589-4299.
MRC/cj
MEETING NOTES(NOTES OF DERON MUEHRING~ CML ENGINEER
Subject• Presentation of draft Erosion & Sediment Control
' Ordinance to the ESAC
Facilitator: Mike Buelow, Chair
Meeting Date: 9-20-06
Place/Room• City Hall Annex, 1300 Main Street,
' Conference Room # 1
Page 3, Applicability: "The provisions of this article apply to all land disturbing adivities."
Comment: Is it accurate to say that it applies to all land disturbing activities or just those over an acre?
Answer: The ordinance can apply to all land disturbing activity. The majority of the previsions of the ordinance however, deal only
with those that involve an acre or more of land disturbance; Those require a City ESC permit. Having it apply to the whole city will
allow the addition of future provisions to address smaller sites or other unique circumstances.
Therefore, Engineering recommends leaving it aspresented. __
_. _ _ _ _
Page 4-5, Application Procedure for City ESC Permit: '~An applicant shall submit a Stormwater Pollution Prevention Plan (SWPPP).
Every SWPPP shall be prepared by a licensed professional engineer or a licensed landscape architect or a licensed professional in
erosion and sediment control or a representative of the local Soil and Water Conservation District, credentialed in a manner
acceptable to the City."
Comment: Change "local Soil and Water Conservation District, credentialed in a manner acceptable to the City" to "local Soil and
', Water Conservation District, or other credentialed in a manner acceptable to the City."
', Answer: It is the legal opinion of Gordon Greta of Ahlers & Cooney, P.C. that the requirement that a SWPPP must be prepared by a
licensed professional engineer or landscape architect or a professional in erosion and sediment control credentialed in a manner
acceptable to the City gives the City a basis for recourse against such professional's malpractice carrier in the event a SWPPP later
proves to be faulty.
Therefore, Engineering recommends leaving it as presented.
Comment: Does the ordinance cover sites under an acre?
Answer. In the case where a lot less than an acre is part of a larger development with an active State NPDES General Permit No. 2
such as a subdivision that exceeds an acre, the smaller site would be covered under the active permit. However, there are a few
cases where smaller lots would not be addressed by the proposed ordinance. The provisions of the draft ordinance would not cover
an infill lot that is less than an acre.
Engineering incorrectly presented to the ESAC another case where a lot may not be covered. The State General Permit No. 2 must
remain active until "all soil disturbing activities at the site have been completed, and that a uniform perennial vegetative cover with
a density of 70% for the area has been established." Engineering previously interpreted this to mean that once 70% of the homes
in a subdivision are complete and vegetation has been established on the remaining lots that the State permit could be terminated.
However, as indicated in the quotations above, the permit must remain active until "all soil disturbing activities at the site have been
completed." Because the construction of the remaining 30% of the lots will result in soil disturbing activity -excavating basements
and driveways -the permit must remain active until ALL lots are developed.
Comment: What about infill lots? Should they be covered?
Answer: The draft ordinance as presented meets the minimum requirements of the City's NPDES MS4 Permit, a permit issued to the
City by the Iowa DNR for the City's Stormwater management system.
The provisions of the City's illicit discharge ordinance apply to any instance where sediment from a construction site enters a city
' street, storm sewer, stormwater ditch, or area water body.
~' Neither ordinance, however, has a provision to address sediment from a construction site less than an acre, not part of a larger
'; development such as an infill lot or simply someone building a garage that results in sediment passing between privately owned
properties. The resolution of a dispute between private property owners would remain a private issue and could ultimately be
solved through civil court.
Page 1 of 2
MEETING 1\OTES (NOTES OF DERON MUEHRING~ CIVIL ENGINEER j
H Subject: Presentation of draft Erosion & Sediment Control ___~ Meeting Date• 9-20-06 ~^
Ordinance to the ESAC
_ - -- _ __
Facilitator: Mike Buelow, Chair Place/Room: City Hall Annex, 1300 Main Street,
Conference Room # 1
Comment: When would the City's ESC Permit expire?
Answer: The draft ordinance does not include a provision outlining when the City ESC Permit expires or ends. It states that the
applicant shall provide the City current information about who is in charge of site compliance "for so long as a construction site is
subject to a State NPDES General Permit No. 2." Moreover, the need for the City ESC Permit expires when state law no longer
requires a State NPDES General Permit No. 2.
The State NPDES General Permit No. 2 does require the operator or owner of a site to submit a Notice of Discontinuation (NOD) to
the DNR within 30 days after final stabilization. It was suggested that the City should require a copy of the NOD at the time it is '~,
sent to the DNR. This provision was added to the draft ordinance.
Page 2 of 2
THE CITY OF
DuB E MEMORANDUM
~-~-~
September 27, 2006
TO: Developers' Roundtable
FROM: Deron Muehring, Civil Engineer II 'r.~' ~~
SUBJECT: Draft Erosion and Sediment Control Ordinance
INTRODUCTION
The purpose of this memo is to present the draft Erosion and Sediment Control (ESC)
Ordinance for review and for discussion at the upcoming Developers' Roundtable
meeting scheduled for October 11, 2006 at 7:30 a.m. in Conference Room A, City Hall.
BACKGROUND
On November 1, 2004 the City Council adopted Resolution 413-04, approving the
NPDES MS4 stormwater permit authored by the IDNR for the period of September 1,
2004 to August 31, 2009. The permit requires the City to implement specific
construction site erosion and sediment controls.
DISCUSSION
The City's MS4 permit requires an ordinance to require proper soil erosion and
sediment control and grant authority to terminate activities due to failure to implement or
maintain erosion and sediment controls. It must also grant authority to enter private
property for the purposes of compliance inspections. Penalties for non-compliance shall
be included. The ordinance shall require site plan and pollution prevention plan review
and approval by the City prior to issuance of any permits for the site by the City. The
ordinance shall require compliance with the IDNR's Storm Water General Permit No. 2.
As stated in the draft ordinance attached hereto, the objectives are:
(1) To allow development while minimizing erosion and sedimentation;
(2) To reduce water quality impacts to receiving water resources caused by land
disturbing activities;
(3) To establish legal authority to carry out all inspection, surveillance and
monitoring procedures necessary to ensure compliance with this Ordinance
and the City's MS4 Permit; and
(4) To establish the City Erosion and Sediment Control Permit (City ESC Permit)
in addition to and not in lieu of the State NPDES General Permit #2.
Since March of 2003, all public and private construction activities disturbing one or more
acres must obtain a State NPDES General Permit #2 from the IDNR. The Federal Clean
Water Act requires that the City obtain an additional NPDES permit from the IDNR. For
every construction site required to obtain the State NPDES General Permit #2, the City
of Dubuque is required to:
Review stormwater pollution prevention plans (SWPPPs) produced in
accordance with the IDNR General Permit No. 2;
~t Inspect construction sites to ensure that the terms of the IDNR General Permit
No. 2 are followed; and
Adopt an ordinance to establish ways to bring construction sites into compliance.
The draft ordinance requires that a person required to obtain an NPDES General Permit
No. 2 from the IDNR for construction activity must obtain an Erosion & Sediment Control
(ESC) permit from the City of Dubuque.
ACTION STEP
Please RSVP Lynn Schlueter in the Engineering Office (589-4271). We look forward to
your comments, suggestions, and insight on the attached ordinance. If unable to attend,
you can send your comments to Deron Muehring via telephone at 589-4276, via fax at
589-4205, or via email at dmuerhin@cityofdubuque.org.
Attachment
cc: Gus Psihoyos, City Engineer
Laura Carstens, Planning Services Manager
IIW ENGINEERING
4155 PENNSYLVANIA AVENUE
DUBUQUE IA 52002
WHKS & COMPANY
185 WISCONSIN AVENUE
EAST DUBUQUE, IL 61025
ANDERSON DESIGN & CONSULTING
INC
1233 RHOMBERG AVE
DUBUQUE IA 52001
DURRANT GROUP
942 CYCARE PLAZA
DUBUQUE IA 52001
DAVE CLEMENS
REYNOLDS AND KENLINE
222 FISCHER BUILDING
DUBUQUE IA 52001
FLINT DRAKE
2100 ASBURY ROAD #2
DUBUQUE IA 52001-3069
RUSSEL NEUWOEHNER
P.O. BOX 1811
DUBUQUE IA 52004-1811
ANNA O'SHEA, ADMINISTRATOR
COUNTY ZONING DEPARTMENT
13047 CITY VIEW DR
DUBUQUE IA 52002
ECIA
3999 PENNSYLVANIA AVE
DUBUQUE IA 52002
RICK DICKINSON
GREATER DUB DEVEL CORP
300 MAIN ST
DUBUQUE IA 52001
BUESING & ASSOCIATES
1212 LOCUST
DUBUQUE IA 52001
TOM HOWE
ROY R. FISHER, INC.
2010 E. 38TH STREET, SUITE 201
DAVENPORT IA 52807
BILL GASPER
930 TRESSA
DUBUQUE IA 52003
CARLBURBACH
3505 SEVILLE STREET
DUBUQUE IA 52001
CONLON CONSTRUCTION CO.
110 ROCKDALE ROAD
DUBUQUE IA 52003
DUBUQUE PARTNERS
951 IOWA ST
DUBUQUE IA 52001-4815
R. J. SCHILTZ & COMPANY
P.O. BOX 237
DUBUQUE IA 52002-0237
ROBERT NEUWOHNER
AMERICAN REALTY
2115 KENNEDY ROAD
DUBUQUE IA 52002
DAN LOBIANCO STEVEN ULSTAD
DUBUQUE MAIN STREET, LTD. DURRANT GROUP
909 MAIN STREET 700 LOCUST ST
DUBUQUE IA 52001 DUBUQUE, IA 52001
PAT FRIEDMAN
PRUDENTIAL FRIEDMAN REALTY
3435 ASBURY ROAD, SUITE 201
DUBUQUE, IA 52002
DUBUQUE BOARD OF REALTORS
1828 CARTER ROAD
DUBUQUE, IA 52001
RON SMITH & SONS CONST.
1640 JUSTIN LANE.
DUBUQUE, IA 52001
DUBUQUE HOMEBUILDERS ASSOC.
P.O. BOX 1352
DUBUQUE, IA 52004-1352
STRAKA JOHNSON ARCHITECTS
10478 ST. JOSEPH DRIVE
DUBUQUE, IA 52003
BILL CALLAHAN, VICE PRESIDENT
DUBUQUE BANK & TRUST
P.O. BOX 778
DUBUQUE, IA 52004-0778
ELDON DIGMAN
DIGMAN REALTY
4029 PENNSYLVANIA AVE - #1
DUBUQUE IA 52002-2240
MIKE REMAKEL
16863 CHERRYWOOD HILLS
DUBUQUE IA 52001-9747
LOECKE REAL ESTATE
16752 CEDAR RIDGE ROAD
DUBUQUE IA 52002
HANSEL BUILDERS, INC
395 CEDAR CROSS ROAD
DUBUQUE IA 52003
WESTMARK DEVELOPMENT
4050 WESTMARK DRIVE
DUBUQUE IA 52002
JIM BRADLEY
PRUDENTIAL FRIEDMAN REALTY
3435 ASBURY ROAD, SUITE 201
DUBUQUE, IA 52002
GREG ADAMS
REMAX ADVANTAGE REALTY
4029 PENNSYLVANIA - #1
DUBUQUE IA 52002-2240
JOHN HERRIG
HERRIG REALTY
13668 SURREY LANE
DUBUQUE IA 52002
JOE MOND
2496 LAVISTA COURT
DUBUQUE IA 52002
ALLEN & URBAIN INC
300 MAIN ST
DUBUQUE IA 52001
HACIENDA LAND CORP
2608 HACIENDA DRIVE
DUBUQUE IA 52001
HORIZON MANAGEMENT AND
INVESTMENT CO LLC
995 BIRCHTREE LANE
FOND DU LAC WI 54935
LARRY ECKHART
AQUILA
1015 CEDAR CROSS RD
DUBUQUE IA 52003
JOHN KIVLAHAN
4922 WILDFLOWER DRIVE
DUBUQUE IA 52002
WENDELL COREY
COREY DEVELOPMENT LTD
825 SOUTH TAFT AVENUE
MASON CITY IA 50401
ROGER GERARDY
GERARDY CONSTRUCTION
18TH AND WASHINGTON STS
DUBUQUE IA 52001
MARTY HELLE CONSTRUCTION
2070 EMBASSY WEST DR
DUBUQUE IA 52002
JOEL CALLAHAN
CALLAHAN CONSTRUCTION, INC
12815 NOBLE RIDGE
DUBUQUE IA 52002
ERIC SCHULTZ
MCINTYRE REALTORS
1600 BUTTERFIELD DR APT 115B
DUBUQUE IA 52001-35338
MIDWEST REALTY INC
P O BOX 237
DUBUQUE IA 52004-0237
LARRY WOLFF
3890 CENTRAL AVENUE
DUBUQUE IA 52001
BISPING REALTY
1500 CENTRAL AVENUE
DUBUQUE IA 52001
RIVER CITY REALTY, INC
1655 ROCKDALE RD
DUBUQUE IA 52003-8783
TOM LUKSETICH
REAL ESTATE APPRAISALS
ASBURY SQUARE
DUBUQUE IA 52002
MARYVILLE CONSTRUCTION
3856 NORTHVIEW DRIVE
HAZEL GREEN WI 53811
KEN MOORE CONSTRUCTION
609 MYATT DR
MAQUOKETA IA 52060
MP KLUCK AND SONS
P.O. BOX 1045
DUBUQUE IA 52004-1045
TIM PANCRATZ CONSTRUCTION
12046 TYRA LANE
DUBUQUE IA 52003
RANDY DROESSLER
RANDETT CONSTRUCTION
2020 GRETCHEN COURT
CUBA CITY WI 53807
GANTZ ENTERPRISES
16450 RUSTIC FOREST TRAIL
DUBUQUE, IA 52001
WAYNE BRIGGS
BRIGGS ENTERPRISES
13275 W CHETLAIN LN
GALENA IL 61036-9437
NICK GOODMANN
GOODMANN REAL ESTATE, LTD.
2774 UNIVERSITY AVENUE
DUBUQUE IA 52001
JERRY SPIEGELHALTER
3 IN 1 CONSTRUCTION
2349 ELM STREET
DUBUQUE IA 52001
ED TSCHIGGFRIE
TSCHIGGFRIE EXCAVATING
425 JULIEN DRIVE
DUBUQUE IA 52003
ALLIANT ENERGY
P.O. BOX 769
DUBUQUE IA 52004-0769
JEFF WALKER
ADVANTA SIGN COMPANY
2ND AND LOCUST STREETS
DUBUQUE IA 52001
JIM SCHUMACHER
LAMAR ADVERTISING
1690 ELM STREET
DUBUQUE IA 52001
BIRD SIGN COMPANY
17811 PERU ROAD
DUBUQUE IA 52001
LARRY WEITZ SIGN SYSTEMS
2400 KERPER BOULEVARD
DUBUQUE IA 52001
MARTY MCNAMER
1036 BONNIE CT.
DUBUQUE IA 52003
JEFF HANSEL
439 TAMARACK COURT
DUBUQUE IA 52003
GREGORY L. REDDICK
RUHL AMERICAN COMMERCIAL CO
2115 JOHN F. KENNEDY ROAD
DUBUQUE IA 52002
JEFF ARENSDORF
11800 MINERS LANE
DUBUQUE IA 52003
JIM HOLZ
MSA PROFESSIONAL SERVICES
1605 ASSOCIATES DR SUITE 102
DUBUQUE IA 52002-2270
STEVE BOGE
RENAISSANCE DEVELOPMENT CO
2802 KATRINA CIRCLE
DUBUQUE IA 52002
JIM STOCK
3009 DEERWOOD CIRCLE
DUBUQUE IA 52003
KELLY DUETMEYER
ECIA
3999 PENNSYLVANIA AVE
DUBUQUE IA 52002
GREG MALM
MALM OUTDOOR ADVERTISING
3110 CASTLE WOODS LANE
DUBUQUE IA 52001
MIKE FELDERMAN
DUBUQUE COUNTY ENGINEER
13047 CITY VIEW DR
DUBUQUE IA 52002
MIKE PORTZEN
PORTZEN CONSTRUCTION, INC.
P.O. BOX 1426
DUBUQUE, IA 52004-1426
MARK FONDELL
FONDELL EXCAVATING
2270 CROWN POINT RD
DUBUQUE IA 52002
LARRY MCDERMOTT
MCDERMOTT EXCAVTING
14391 HIGHWAY 20 W
DUBUQUE IA 52003
MICHAEL BUELOW
2131 GRAHAM CIRCLE
DUBUQUE IA 52002
MEETING NOTES (NOTES OF DERON MUEHRING~ CIVIL ENGINEER
Subject• Presentation of draft Erosion & Sediment Control ;Meeting Date•
' Ordinance to the Developer's Roundtable ~ '
Facilitator: Deron Muehring, Engineering Department ~ Place/Room:
Page 3, Applicability: "The provisions of this article apply to all land disturbing activities."
10-11-2006
City Hall, 50 W. 13`h Street,
Conference Room A
Comment: Is it accurate to say that it applies to all land disturbing activities or just those over an acre?
Answer: The ordinance can apply to all land disturbing activity. The majority of the previsions of the ordinance however, deal only
with those that involve an acre or more of land disturbance; Those require a City ESC permit. Having it apply to the whole city will
allow the addition of future provisions to address smaller sites or other unique circumstances.
ThereforeLEngineering recommends leaving it as presented. __ ~
- --- -
Page 5, (2)(c)(iii) "Shall include within the SWPPP a signed and dated certification by the person preparing the SWPPP that the ',
SWPPP complies with all requirements of this ordinance."
Comment: By signing and sealing a SWPPP, per the terms of their professional license, a licensed professional is competent in the
subject matter of those documents by virtue of education or experience, or both; or the SWPPP was prepared under the licensee's
direction as principal by an individual competent in the subject matter of those documents by virtue of education or experience, or
both.
Answer: Engineering agreed with the comment and removed the superFluous requirement._ _
Page 6, (8), "Prior to initiating a land disturbing activity that requires a City ESC Permit, the Applicant shall notify the City Manager '.
when all measures required by applicant's SWPPP have been accomplished on-site, whereupon the City Manager shall conduct an
inspection for the purpose of determining compliance with this ordinance."
Comment: Sometimes it requires grading to implement a provision of the SWPPP. For example, grading is required to construct a silt
basin.
Answer: One component required in a SWPPP is an implementation schedule. According to the General Permit No. 2, the SWPPP
shall clearly define'~the timing during the construction process that the measures will be implemented. (For example, perimeter
controls for one portion of the site will be installed after the clearing and grubbing necessary for installation of the measure, but
', before the clearing and grubbing for the remaining portions of the site."
Because the SWPPP can reflect the fact that the sediment basin can not be in place prior to initial grading, Engineering recommend
,,..leaving the provision as_~resented. _ __ _ _ __ _
Page 4, Section 44-315 (c) An applicant shall submit to the City "the applicant's authorizations issued pursuant to applicant's State
NPDES General Permit No. 2."This includes the letter from the DNR stating that a permit has been issued.
Comment: The DNR General Permit No. 2 allow construction to begin on the date that the NOI is received by the DNR. It can take
up to 10 days to get the authorization letter from the DNR following its receipt of the NOI. Therefore, this provision will add a ten-
day or more delay to when construction can start.
Answer: The reason for the provision is that the City's MS4 Permit prohibits the authorization of a land disturbing activity unless
there is a State NPDES Permit in place for the site. Without this provision, the City would be authorizing the land disturbing activity
without knowing if a permit was issued for the site. Engineering recognizes that this provision will impact project schedules.
However, the change can be overcome by moving the SWPPP development and permitting process up 10 days in the project
schedule.
Answer: cont.....
Engineering recommends that the language remain as presented.
Permit Fee. Engineering prepared and presented a breakdown of the minimum staff resources and operating costs associated with
the City's anticipated oversight and enforcement of the proposed erosion and sediment control program that includes review of
SWPPPs, issuance of City Permits, site inspections, notices of non-compliance, and possible civil citations. There are over 60
construction sites that the City must oversee. Based on minimum expenses and depending on the size of a construction project, a
Page 1 of 2
i
MEETING NOTES (NOTES OF DERON MUENRING, CIVI4 ENGINEER)
Subject• Presentation of draft Erosion & Sediment Control 'Meeting Date' 10-11-2006
' Ordinance to the Developer's Roundtable '
Facilitator:... Deron Muehring, Engineering Department Place/Room: City Hall, 50 W 13th Street,
Conference Room A
_ _ _ _
fee of between $500 and $1,260 can be justified.
There were no comments on the fee.
Comment: When would the City's ESC Permit expire?
Answer: The draft ordinance does not include a provision outlining when the City ESC Permit expires or ends. It states that the ',
applicant shall provide the City current information about who is in charge of site compliance "for so long as a construction site is
subject to a State NPDES General Permit No. 2." Moreover, the need for the City ESC Permit expires when state law no longer
requires a State NPDES General Permit No. 2. ',
The State NPDES General Permit No. 2 does require the operator or owner of a site to submit a Notice of Discontinuation (NOD) to
the DNR within 30 days after final stabilization. It was suggested that the City should require a copy of the NOD at the time it is
sent to the DNR. This provision was added to the draft ordinance.
Page 2 of 2