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HomeMy WebLinkAbout4897 - 01/28/2008 Document Number: 2008018113 CITY OF WATERLOO I Date: Mar 17,2008 4:30:00 pm Aud Fee: 0.00 Rec Fee: 60.00 P Trans Tax: 0.00 Rec Management Fee: 1.00 E-Com Fee: 1.00 Non-Standard Page Fee: 0.00 Filed for record in Black Hawk County,Iowa Z Judith A.McCarthy,County Recorder This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. ORDINANCE NO. 4897 AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY ADDING ARTICLE B, CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL, OF CHAPTER 4 , STORM WATER MANAGEMENT PROGRAM, OF TITLE 8, PUBLIC UTILITIES . BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That Article B, Construction Site Erosion and Sediment Control, of Chapter 4 , Storm Water Management Program, of Title 8, Public Utilities, is hereby enacted as follows : TITLE 8 CHAPTER 4 STORM WATER MANAGEMENT PROGRAM ARTICLE B. CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL Section 8-4B-1 . Findings . A. The U. S . EPA' s National Pollutant Discharge Elimination System ( "NPDES" ) permit program ("Program" ) administered by the Iowa Department of Natural Resources ( "IDNR" ) requires certain persons engaged in construction activities to submit an application to the IDNR for a State NPDES General Permit No. 2 . Notwithstanding any provision of this chapter, every permit Applicant bears final and complete responsibility for compliance with a State NPDES General Permit No. 2 and any other requirement of state or federal law or administrative rule . B. As a condition of the city' s Municipal Separate Storm Sewer System (MS4) Permit, the city is obliged to undertake primary supervisory responsibility for administration and enforcement of the Program by adopting a Construction Site Erosion and Sediment Control ordinance . In furtherance of this objective : 1 . any person, firm, sole proprietorship, partnership, corporation, state agency or political subdivision (each an "Applicant" ) required by law or administrative rule to apply to the IDNR for a State NPDES General Permit No. 2 shall apply for such permit and shall apply to the City Engineer for approval of a Storm Water Pollution Prevention Plan ( "SWPPP" ) . For purposes of this article, an Applicant includes but is not limited to a Secondary Applicant, and each Secondary Applicant is subject to all provisions of this article that are applicable to an Applicant unless otherwise expressly stated. The Applicant shall not submit the notice of intent for said Permit No. 2 until the City Engineer has reviewed the SWPPP for completeness and for compliance with NPDES No. 2 . Ordinance No. 4897 Page 2 2 . the licensed professional engineer, registered architect, registered landscape architect or, as expressly and specifically approved by the City Engineer, a licensed professional land surveyor, construction contractor, or any other person deemed qualified to prepare a SWPPP in accordance with good engineering practices (each of the foregoing being an "Applicant' s Engineer" ) for the Applicant shall have primary responsibility for the design, inspection, monitoring and enforcement procedures to promote Applicants' compliance with State NPDES General Permit No. 2 and the SWPPP for said site but other persons may perform the installation, inspection, and monitoring under the oversight of the Applicant' s Engineer. C. No state or federal funds have been made available to assist the city in administering and enforcing the Program. Accordingly, the city may choose to fund its application, inspection, monitoring and enforcement responsibilities in whole or in part by fees imposed on Applicants for permits that may be required hereunder, with such fees to he determined from time to time by resolution of the city council, and/or other sources of funding established by a separate ordinance . Section 8-4B-2 . Definitions . A. Terms or acronyms used in this article shall, unless defined in this article, have the meanings given to them in section 8-4-1 of this chapter. B. As used in this article, the term "City Engineer" includes any other representative of the City Engineer' s office that is designated by the City Engineer to act in the place and with the authority of the City Engineer. As so defined, the City Engineer is also referred to in this article as the "Enforcement Officer. " C. As used in this article, the term "Applicant" also includes any person that has had a State NPDES General Permit No. 2 issued to it, including but not limited to a Secondary Applicant . D. As used in this article, the term "Secondary Applicant" means any Applicant that is the transferee of responsibility under the State NPDES General Permit No. 2 and a SWPPP with respect to a single lot that was, as to any predecessor Applicant, part of a larger common plan of housing development . Section 8-4B-3 . Submission and Approval of Storm Water Pollution Prevention Plan and Other Documents . A. No person shall begin work on any site that is subject to a State NPDES General Permit No. 2 until compliance with this Section 8-4B-3, approval of a SWPPP by the city, and approval of a State NPDES General Permit No. 2 Notice of Intent by the IDNR. Ordinance No. 4897 Page 3 B, An Applicant in possession of a State NPDES General Permit No. 2 issued by the IDNR shall submit to the city complete copies of the materials described below, and any and all supporting calculations : 1 . Applicant' s plans, specifications, calculations, and supporting materials utilized to develop the Applicant' s SWPPP; 2 . Applicant' s authorizations issued pursuant to Applicant' s State NPDES General Permit No. 2 ; and 3 . A SWPPP prepared in accordance with this chapter. Every SWPPP submitted to the city: a. shall 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 , as set out in the current version of the IDNR publication entitled, "Iowa Department of Natural Resources NPDES General Permit No. 2, Storm Water Discharge Associated with Industrial Activity for Construction Activities" , (the "Permit Handbook" ) including, but not limited to, "Part IV. Storm Water Pollution Prevention Plans, " and as said minimum mandatory requirements are modified from time to time hereafter; and b. 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 joint application; and c . shall comply with all other applicable state or federal permit requirements in existence at the time of application; and d. shall be prepared by the Applicant' s Engineer and shall include within the SWPPP a signed and dated certification by the Applicant' s Engineer that the SWPPP complies with all requirements of this chapter. e. shall require the signature (s) identified in Section 8-4B-1 (B) (1) upon the following certifications 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 Ordinance No. 4897 Page 4 there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations . f . shall also contain the following certification signed by all contractors and subcontractors identified in the SWPPP: 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 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 plan developed under this NPDES permit and the terms of the 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 . C. A Secondary Applicant shall submit to the City complete copies of the materials described below: 1 . The document by which the predecessor Applicant transferred compliance responsibility under NPDES General Permit No. 2 . 2 . All information or documents required by Section 8- 4B-3 (B) above . D. In addition to the SWPPP requirements stated in Section 8-4B-3 (B) and 8-4B-3 (C) above which constitute minimum mandatory requirements imposed by the Program, every SWPPP submitted to the city shall comply with Statewide Urban Design and Specifications (SUDAS) standard design criteria, the Iowa Construction Site Erosion Control Manual, or other standards approved by the City Engineer, as such Manual, SUDAS, and other standards may be revised or amended from time to time, including but not limited to design, location, and phased implementation of Ordinance No. 4897 Page 5 effective, practicable storm water pollution prevention measures, and shall also: 1 . identify the nature of the construction activity and the potential for sediment and other pollutant discharges from the site; and 2 . assure that stockpiles of soil or other materials subject to erosion by wind or water are covered, vegetated, or otherwise effectively protected from erosion and sedimentation in accordance with the amount of time the material will be on site and the manner of its proposed use; no stockpiling is allowed in the street; and 3 . assure that, until work on the site has been completed, all construction waste materials (including but not limited to all scrap and debris) shall be disposed of at the end of each working day in a dumpster of appropriate size and shall not be stockpiled on the site unless in a covered and enclosed structure or trailer; that dumpsters on site are inspected periodically for leaks and promptly repaired or replaced if found to be leaking; and that dumpsters are emptied by regular waste collection methods before dumpsters overflow; and 4 . identify measures and procedures to reasonably minimize site soil compaction and provide soil quality restoration as specified and estimated runoff coefficient after the project is complete; and 5 . assure disposal of all collected sediment and floating debris; and 6 . identify methods to prevent sediment damage to adjacent properties and sensitive environmental areas such as water bodies, plant communities, rare, threatened and/or endangered species habitat, wildlife corridors, greenways, etc . ; and 7 . provide for design and construction methods to stabilize steep or long continuous slopes; and, 8 . include measures to control the quantity and quality of storm water leaving a site before, during and after construction; and 9 . provide for stabilization of all waterways and outlets; and, 10 . protect storm sewer infrastructure from sediment loading and/or plugging; and 11 . specify precautions to be taken to contain sediment when working in or crossing water of the State of Iowa; and Ordinance No. 4897 Page 6 12 . assure stabilization of disturbed areas, including utility construction areas, as soon as possible and in no event later than seven (7) calendar days after the area is no longer actively being worked; and 13 . protect outlying roads from sediment and mud from construction site activities, including preventing tracking; and 14 . assure that all temporary erosion and sediment controls shall not be removed until the city has determined that the site has been permanently stabilized with 70o perennial cover according to IDNR notice of discontinuation; and 15 . assure that when working near water of the State of Iowa, the specific practices itemized immediately below are utilized: a. during construction: i . all exposed soil areas with a slope of 3 : 1 or steeper, and that have a continuous positive slope to a water if the State of Iowa, shall have temporary erosion protection or permanent cover within three (3) days after the area is no longer actively being worked; all other slopes that have a continuous positive slope to a water of the State of Iowa should have temporary erosion protection or permanent cover within seven (7) days after the area is no longer actively being worked, and ii . temporary sediment basin requirements shall be constructed in accordance with the State NPDES General Permit No. 2; all supporting calculations for the basin sizing criteria and outlet channel sizing and velocity shall be submitted to the city; and b. buffer zone: Reserved. 16 . provide estimated runoff coefficient after the project is complete; and 17 . assure that all hazardous materials are properly used, stored, and disposed of . E. Performance Security: Reserved. F. The Applicant shall also submit a signed written statement to the city which states as follows : The undersigned Applicant hereby agrees to defend, indemnify and hold the City of Waterloo harmless from any and all claims, damages or suits arising directly or indirectly out of any act of commission or omission by the Applicant, or any employee, agent, assignee or contractor or subcontractor of the Applicant, in connection with Applicant' s State NPDES General Permit No. 2 and/or Storm Water Pollution Prevention Plan. Ordinance No. 4897 Page 7 G. The city shall send written notification to the Applicant of the approval of the Applicant' s SWPPP within ten (10) business days following the Applicant' s completed submission of all documents and information required under this section, unless the city has provided to the Applicant a written bill of particulars identifying non- complying elements of the application. The city shall not issue approval of the Applicant' s SWPPP until such non-complying elements of the application have been corrected, and until the application complies with the Applicant' s State NPDES General Permit No. 2 , the requirements of this chapter, and all other applicable laws and regulations, federal, state, and local . If the Applicant' s SWPPP is for a single lot located in a larger common plan of housing development, the City' s processing time shall be reduced from ten (10) business days to five (5) business days . H. The Applicant or Applicant' s Engineer shall retain a copy of the approved SWPPP and State NPDES General Permit No. 2 on site or at a readily available alternative site so said documents can be provided for inspection no later than twenty-four (24) hours after request . I . The city' s review of an Applicant' s SWPPP is not a determination as to the effectiveness of the controls selected by the Applicant . J. For so long as a construction site is subject to a State NPDES General Permit No. 2, the Applicant shall promptly provide the city with current information as follows : 1 . The name, address and telephone number of the Applicant' s Engineer and any other person on site designated by the owner who is knowledgeable and experienced in erosion and sediment control and who will oversee compliance with the State NPDES General Permit No. 2 and the SWPPP; and 2 . The name (s) , address (es) and telephone number (s) of the contractor (s) and/or subcontractor (s) that will implement each erosion and sediment control measure identified in the SWPPP. Applicant' s failure to provide current information shall constitute a violation of this article . Section 8-4B-4 . Transfer and Termination of State NPDES General Permits and Storm Water Pollution Prevention Plan Obligations . A. The owner of real property that is the subject of a State NPDES General Permit No. 2 may transfer responsibility under the owner' s SWPPP to one or more transferees of all or part of such property in the same manner that responsibility for compliance with an NPDES General Permit No. 2 can be transferred pursuant to 567 Iowa Admin. Code § 64 . 6 (6) , or any similar successor provision. Such an owner is a "Transferor" . Each transferee must agree to the transfer in writing and must agree to fulfill all obligations of the State NPDES Ordinance No. 4897 Page 8 General Permit No. 2 and the SWPPP, including submission of a statement signed by the transferee as provided for in section 8-4B-3 (E) above . The Transferor shall file with the office of the City Engineer a copy of all documents filed with IDNR in connection with transfer of responsibility under the State NPDES General Permit No. 2 to each such transferee, and a copy of each such transferee' s agreement to fulfill all obligations of the SWPPP. Absent such written confirmation of transfer of obligations, the Transferor remains responsible for compliance with the SWPPP on any property that has been sold, conveyed, or otherwise transferred. B. All documents and information required by the IDNR to be filed to terminate the NPDES General Permit No. 2 must be filed by the Transferor concurrently with the office of the City Engineer. Upon submission of said materials to the city, the city shall have 30 days in which to request additional information from the Transferor before the SWPPP shall be deemed terminated. C. To facilitate a transferee' s compliance with this article as a Secondary Applicant, the Transferor shall also deliver to the transferee concurrently with the filings required by Section 8-4B-4 (B) above a copy of the Transferor' s Notice of Intent, NPDES permit number, SWPPP public notification, and SWPPP. Section 8-4B-5 . Inspection Procedures , A. All inspections undertaken by the city under this article shall be conducted by the Enforcement Officer. B. The Applicant' s Engineer shall notify the city when all measures required by Applicant' s SWPPP have been accomplished on-site. The Enforcement Officer may inspect the property to determine compliance . If the Enforcement Officer determines that compliance has not been achieved, the Enforcement Officer shall provide to the Applicant a written bill of particulars identifying the conditions of non-compliance. The Applicant shall immediately commence corrective action and shall complete such corrective action within forty-eight (48) hours of receiving the Enforcement Officer' s bill of particulars. For good cause shown, the city may extend the deadline for taking corrective action. Failure to take corrective action inra timely manner shall constitute a violation of this article . C. Construction shall not occur on any area of the site that the Enforcement Officer has designated at any time while conditions of non-compliance that have been identified by the Enforcement Officer continue to exist . D. Construction activities undertaken by an Applicant before resolution of all discrepancies specified in the bill of particulars, if undertaken in an area designated by the Enforcement Officer as a prohibited area, shall constitute a violation of this article . Ordinance No. 4897 Page 9 E. The city shall not be responsible for the direct or indirect consequences to the Applicant or to third- parties for non-compliant conditions that were undetected by inspection or that were undetected because the city, in operating its program of random inspections, did not inspect the property. F. The Applicant' s Engineer shall inspect the site, as well as any transferred sites, no less than once every seven (7) calendar days and shall make available to the Enforcement Officer a written report about site conditions within two (2) business days of the Enforcement Officer' s request . G. A State NPDES General Permit No. 2 and SWPPP are not required for construction sites with an area of disturbed land that is less that one (1) acre, provided such land is not part of a larger common plan of development . However, it is suggested that the owner implement erosion control measures as described in the brochure "City of Waterloo Best Management Practices for Single Lots" available upon request at the City Engineer' s office and the city building department. Section 8-4B-6 . Monitoring Procedures . A. Upon SWPPP approval and issuance of a State NPDES General Permit No. 2, an Applicant has an absolute duty to monitor site conditions and to report to the Enforcement Officer any change of circumstances or site conditions which the Applicant knows or should know pose a risk of storm water discharge in a manner inconsistent with Applicant's SWPPP cr State NPDES General Permit No. 2 . Rainfall in an amount over one-half (1/2) inch within a 24-hour period, as measured by an on-site standard rain gauge, shall be deemed a change of circumstances or site conditions requiring notification under this section. 1 . Such report shall be made available by the Applicant to the Enforcement Officer within twenty four (24) hours of the change of circumstances or site conditions . 2 . Failure to make a timely report shall constitute a violation of this article . B. Any third party may also report to the city site conditions, which the third party reasonably believes pose a risk of storm water discharge in a manner inconsistent with Applicant' s SWPPP or State NPDES General Permit No. 2 . C. Upon receiving a report pursuant to Section 8-4B-6 (A) above, the Enforcement Officer may conduct an inspection and thereafter shall provide the Applicant with a written bill of particulars identifying any conditions of non- compliance. The Applicant shall immediately commence corrective action and shall complete such corrective action within forty-eight (48) hours of receiving the bill of particulars . For good cause shown, the city may extend the deadline for completing corrective action. Ordinance No. 4897 Page 10 Failure to take corrective action in a timely manner shall constitute a violation of this article, whereupon the Enforcement Officer shall immediately commence enforcement actions specified in Section 8-4B-7 . D. Upon receiving a report from a third party pursuant to Section 8-4B-6 (B) above, the Enforcement Officer may conduct an inspection of the site as soon as reasonably possible and thereafter shall provide the Applicant with a written bill of particulars identifying any conditions of non-compliance. The Applicant shall immediately commence corrective action and shall complete such corrective action within forty-eight (48) hours of receiving the bill of particulars. For good cause shown, the city may extend the deadline for completing corrective action. Failure to take corrective action in a timely manner shall constitute a violation of this article, whereupon the Enforcement Officer shall immediately commence enforcement actions specified in Section 8-4B-7 . E. The Enforcement Officer may conduct one or more unannounced inspections at any time during the course of construction to monitor compliance with the State NPDES General Permit No. 2 and the SWPPP. If the inspection discloses any non-compliance, the Enforcement Officer shall provide the Applicant with a written bill of particulars identifying the conditions of non-compliance. The Applicant shall immediately commence corrective action and shall complete such corrective action within forty-eight (48) hours of receiving the bill of particulars . For good cause shown, the city may extend the deadline for completing corrective action. Failure to take corrective action in a timely manner shall constitute a violation of this article, whereupon the Enforcement Officer shall immediately commence enforcement actions specified in Section 8-48-7 below. F. The city shall not be responsible for the direct or indirect consequences to the Applicant or to third- parties for non-compliant conditions that were undetected by inspection or that were undetected because the city, in operating its program of random inspections, did not inspect the property. Section 8-4B-7 . Enforcement . A. Violation of any provision of this article may be enforced by issuance of a stop work order by the Enforcement Officer or by civil action, administrative or judicial, including but not limited to an action for injunctive relief . A stop work order shall specify the violation(s) and shall remain in effect until the deficient condition has been remedied. B. Violation of any provision of this article shall constitute a municipal infraction under this code. A person may be cited for subsequent violations as additional violations are discovered or as SWPPP control elements fail . Each day that a municipal infraction Ordinance No. 4897 Page 11 occurs or is permitted to exist constitutes a separate offense . C. In addition to the enforcement processes and penalties provided herein, any condition caused or permitted to exist in violation of any of the provisions of this article shall be considered a threat to public health, safety, and welfare, and is declared and deemed a nuisance . This nuisance may be summarily abated or remedied at the violator' s expense . D. In addition to any fine or penalty set forth in a schedule of violations adopted by the city, as amended thereafter from time to time, the city may recover all attorneys' fees, court costs and other expenses associated with enforcement of this article, including necessary monitoring expenses . E. The remedies listed in this article are not exclusive of any other remedies available under any applicable federal, state or local law. It is within the discretion of the Enforcement Officer to seek cumulative remedies if necessary. Enforcement pursuant to this section shall be undertaken by the Enforcement Officer upon the advice and consent of the city attorney. Section 8-4B-8 . Appeal . A. Administrative decisions by city staff and enforcement actions of the Enforcement Officer may be appealed by the Applicant to the city council pursuant to the following rules : 1 . The appeal must be filed in writing with the city clerk within twenty (20) business days of the decision or enforcement action. 2 . The written appeal shall specify in detail the action appealed from, the errors allegedly made by the Enforcement Officer giving rise to the appeal, and the relief requested. 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 Enforcement Officer intends to introduce at the hearing. 4 . The city clerk shall notify the Applicant and the Enforcement Officer by ordinary mail, and shall give public notice in accordance with Iowa Code Chapter 21 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, unless the Applicant requests an extension of not more than fourteen (14) days . The intent of this paragraph is y Ordinance No. 4897 Page 12 to promote the prompt and speedy resolution of disputes . The rules of evidence and procedure, and the standard of proof to be applied, shall be the same as provided by Iowa Code Chapter 17A. 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 . B. The decision of the city council shall be rendered in writing and may be appealed to the Iowa District Court as provided by law. Section 8-4B-9 . Severability. The provisions of this article are hereby declared to be severable . If any section, provision, clause, sentence, paragraph or part of this ordinance or the application thereof to any person, establishment, or circumstance shall be held invalid or unconstitutional, such adjudication shall not affect the other provisions or applications of this article. INTRODUCED: January 28, 2008 PASSED 1st CONSIDERATION: January 28, 2008 PASSED 2nd CONSIDERATION: January 28, 2008 PASSED 3rd CONSIDERATION: January 28, 2008 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 28th day of January, 2008, and approved by the Mayor on the 30th day of January, 2008 . / Tim Hurley, Mayo ATTEST. ra.„4- Nancy Eck- , CMC City Cler CERTIFICATE I, Nancy Eckert, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 4897 as passed and adopted by the Council of the City of Waterloo, Iowa, on the 28th day of January, 2008 . Witness my hand and seal of office this 30th day of January, 2008 . CaQ4— SEAL - Nancy Eck AL , CMC City Cler .