HomeMy WebLinkAbout4761 - 03/14/2005 INDES BLACK HAWK COUNTY,1OWAss FEE BOOK# 2006 1178
PROO FILED FOR RECORD JUL 13 2005 ,AT 4:00 P.M. FEE 1-125.00-1.00/
COMPARED 6.7=1:006(410
BLACK HAWK COUNTY RECORDER
CITY OF WATERLOO
This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry
Street, Waterloo, Iowa.
ORDINANCE NO. 4761
AN ORDINANCE AMENDING THE 2001 CODE OF
ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY
ADDING A NEW CHAPTER 4, STORM WATER
MANAGEMENT PROGRAM, OF TITLE 8, PUBLIC
UTILITIES .
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO,
IOWA:
That a new Chapter 4, Storm Water Management Program, of
Title 8, Public Utilities, is hereby enacted as follows:
TITLE 8
CHAPTER 4
STORM WATER MANAGEMENT PROGRAM
Section 8-4-1 . Acronyms and Definitions .
A. The following acronyms when used in this Chapter of the
Code of Ordinances shall have the designated meaning:
1 . BMP Best Management Practice
2 . CFR Code of Federal Regulations
3 . CWA Clean Water Act
4 . FEMA Federal Emergency Management Agency
5. HHW Household Hazardous Waste
6. IDNR Iowa Department of Natural Resources
7 . IDOT Iowa Department of Transportation
8 . MS4 Municipal Separate Storm Sewer System
9. NOI Notice of Intent
10 . NOT Notice of Termination
11 . NOV Notice of Violation
12 . NPDES National Pollutant Discharge Elimination System
13 . NPS Non-Point Source
14 . NRCS National Resource Conservation Service
15 . RCRA Resource Conservation Recovery Act of 1976
16. SMCRA Surface Mining Control and Reclamation Act of 1977
r
Ordinance No. 4761
Page 2
17 . SWPPP Storm Water Pollution Prevention Plan
18 . TMDL Total Maximum Daily Load
19. USDA United States Department of Agriculture
20 . US EPA United States Environmental Protection Agency
21 . USGS United States Geodetic Survey
B. The following words, terms and phrases, when used in this
Chapter of the Code of Ordinances, shall have the meanings
ascribed to them in this section, except where the context
clearly indicates a different meaning:
1 . Adverse Impacts : Any negative impact on plant, soil,
air or water resources affecting their beneficial uses
including recreation, aesthetics, aquatic habitat,
quality, and quantity.
2 . Allowable Non-Storm Water Discharges : Discharge from
fire fighting activities that are necessary due to an
immediate danger to life or property; fire hydrant
flushing; potable water sources; water line flushing;
uncontaminated groundwater; uncontaminated pumped
ground water; crawl space pump water; natural springs;
natural riparian habitat or wetland flows; irrigation
water (except for wastewater irrigation) ; air
conditioning condensation; exterior building wash
water when no detergents or other surfactants are
used; pavement wash waters where spills or leaks of
toxic or hazardous materials have not occurred and
when no detergents or other surfactants are used
(unless all spilled material has been removed) ;
diverted stream flows; storm sewer system cleaning
water; residential or non-commercial washing of
vehicles; de-chlorinated swimming pool discharge less
than one (1) PPM chlorine; residual street wash water;
de-chlorinated water from reservoir discharges;
foundation or footing drains where flows are not
contaminated with process materials such as solvents
(not including active groundwater dewatering systems) ;
discharges specified in writing by the City Engineer,
or designated representative, as being necessary to
protect public health and safety of citizens; dye-
testing procedures (requires a verbal notification to
the City Engineer, or designated representative, prior
to the time of the test) ; and any other water source
not containing pollutants, as approved by the City
Engineer, or designated representative.
3 . Animal Waste: See Pet Waste.
4 . Applicant : Any person, firm, or governmental agency
who executes the necessary forms to procure official
approval of a development or permit. In gaining
official approval, the person, firm or governmental
A
Ordinance No. 4761
Page 3
agency intends to carry out construction of a new
development or re-development.
5 . Base Flood Elevation: The elevation at all locations
delineating the level of flooding resulting from the
100-year frequency flood event . The 100-year flood
event has a one percent (1%) probability of being
equaled or exceeded in any given year.
6. Best Management Practices (BMPs) : 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.
7 . Building Official: City official or other designated
authority charged with the administration and
enforcement of the City building codes .
8 . Building Permit: Permit issued for the construction,
erection or alteration of a structure or building and
the related ground and surface preparation prior to
and after completion of construction, erection or
alteration of a structure or building.
9. By-Pass Flow: Storm water runoff from upstream
properties tributary to a property' s drainage system
but not under its control.
10 . Calendar Quarter: Each of the following periods :
December through February, March through May, June
through August, and September through November.
11 . Certify or Certification: Formally attesting that the
specific inspections and tests were performed, and
that such inspections and tests comply with the
applicable requirements of this Ordinance.
12 . Channel : Any defined river, stream, creek, brook,
natural or artificial depression, ponded area, on-
stream lake or impoundment, abandoned mine, flowage,
slough, ditch, conduit, culvert, gully, ravine, wash,
or natural or manmade drainage way, which has a
definite bed and bank or shoreline, in or into which
surface or groundwater flows, either perennially or
intermittently.
13 . Channel Modification: The alteration of a channel by
changing the physical dimensions or materials of its
bed or banks . Channel modification includes, but is
not limited to, damming, placement of riprap (or other
armoring) , filling, widening, deepening,
straightening, relocating, lining, and significant
removal of bottom or woody rooted vegetation. Channel
Ordinance No. 4761
Page 4
modification does not include the clearing of debris
or removal of trash.
14 . City Engineer: The professional engineer registered
in the State of Iowa who is designated as city
engineer by the city council .
15 . Clean Water Act (CWA) : The federal Water Pollution
Control Act (33 U. S.C. §1251 et seq. ) , and any
subsequent amendments thereto. (Formerly referred to
as the Federal Water Pollution Control Act or Federal
Water Pollution Control Act Amendments of 1972) .
16. Clearing: Any activity which removes vegetative
ground cover.
17 . Commercial: Pertaining to any business, trade,
industry, or other activity engaged in for profit .
18 . Compensatory Storage: An artificially excavated,
hydraulically equivalent volume of storage within the
floodplain used to balance the loss of natural flood
storage capacity when fill or structures are placed
within the floodplain.
19 . Conduit : Any channel, pipe, sewer or culvert used for
the conveyance or movement of water, whether open or
closed.
20 . Construction Site: Any location where clearing,
grading, filling, paving, construction, or other
activity occurs related to a change or improvement of
property.
21 . Contaminated: Containing harmful quantities of
pollutants .
22 . Contractor: Any person or firm performing or managing
construction work at a construction site, including
any construction manager, general contractor or
subcontractor. Also includes, but is not limited to,
earthwork, paving, building, plumbing, mechanical,
electrical or landscaping contractors, and material
suppliers delivering materials to the site.
23 . Department : The Iowa Department of Natural Resources
(IDNR) or an authorized representative.
24 . Detention Basin: A facility constructed or modified
to provide for the temporary storage of storm water
runoff and the controlled release of this runoff at a
prescribed rate during and after a flood or storm.
25. Detention Time: The amount of time storm water is
held within a detention basin.
Ordinance No. 4761
Page 5
26. Developed Property: Land that is altered from a
natural state by grading and/or construction activity
for the purpose of constructing residential,
commercial, industrial, or institutional facilities
such that the hydrology of the property is affected.
27 . Development: Any man-made change to improved or
unimproved real estate, including but not limited to
building or other structures, mining, dredging,
filling, grading, paving, excavation, or drilling
operations.
28 . Discharge: The release of water, and any elements,
compounds and particles contained within or upon
released water, from property owned or controlled by
any person.
29. Discharger: Any person who causes, allows, permits,
or is otherwise responsible for a discharge,
including, without limitation, any owner of a
construction site or industrial facility.
30 . Domestic Sewage: Sewage originating primarily from
kitchen, bathroom and laundry sources, including waste
from food preparation, dishwashing, garbage grinding,
toilets, baths, showers and sinks .
31 . Drainage Plan: A plan, including engineering drawings
and supporting calculations, which describes the
existing storm water drainage system and environmental
features, including grading, as well as proposed
alterations or changes to the drainage system and
environment of a property. Also see Storm Water
Pollution Prevention Plan (SWPPP) .
32 . Dry Basin: A detention basin designed to drain after
temporary storage of storm water flows and to normally
be dry over much of its bottom area.
33 . Earthwork: The disturbance of soils on a site
associated with clearing, grading, or excavation
activities .
34 . Erosion: The general process whereby soil or earth is
moved by rainfall, flowing water, wind or wave action.
35 . Excavation: Any act by which organic matter, earth,
sand, gravel, rock or any other similar material is
cut into, dug, quarried, uncovered, removed,
displaced, re-located or bulldozed, and shall include
the conditions resulting from such actions .
36. Excess Storm Water Runoff: The volume and rate of
flow of storm water discharged from a new development
or re-development, which is or will be in excess of
that volume and rate which existed before development
or re-development .
t
Ordinance No. 4761
Page 6
37 . Existing Grade: The vertical location of the existing
ground surface prior to excavation or filling.
38 . Facility: An entity which discharges storm water.
39. Fertilizer: A substance or compound that contains an
essential plant nutrient element in a form available
to plants and is used primarily for its essential
plant nutrient element content in promoting or
stimulating growth of a plant or improving the quality
of a crop, or a mixture of two or more fertilizers .
40 . Fill : Any act by which earth, sand, gravel, rock, or
any other material is deposited, placed, replaced,
pushed, dumped, pulled, transported or moved by man to
a new location, and shall include the conditions
resulting therefrom.
41 . Final Grade: The vertical location of the ground
surface after grading work is completed in accordance
with the plans .
42 . Fire Protection Water: Any water, and any substances
or materials contained therein, used by any person to
control or extinguish a fire, or to inspect or test
fire equipment.
43 . Garbage: Animal and vegetable waste materials from
the handling, preparation, cooking or consumption of
food, including waste materials from markets, storage
facilities, and the handling and sale of produce and
other food products . Also, refuse and other unwanted
and useless material .
44 . Grading: Any act of excavation or fill of land
surface to a desired slope or elevation, or any
combination thereof, and shall include the conditions
resulting from any excavation or fill.
45 . Groundwater: Any water residing below the surface of
the ground or percolating into or out of the ground.
46. Harmful Quantity: The amount of any substance that
the appropriate official determines will cause an
adverse impact to storm drainage system or will
contribute to the failure of the jurisdiction to meet
the water quality based requirements of the NPDES
permit for discharges from the MS4 .
47 . Hazardous Substance: Any substance listed in Table
302 . 4 of 40 CFR Part 302 .
48 . Hazardous Waste: Any substance identified or listed
as a hazardous waste by the EPA pursuant to 40 CFR
Part 261 .
Ordinance No. 4761
Page 7
49 . Household Hazardous Waste (HHW) : Any material
generated in a household (including single and
multiple residences) that would be classified as
hazardous by the IDNR or US EPA or by any rule or
regulation promulgated by either agency.
50 . Hydrograph: A graph showing, for a given location on
a stream or conduit, the flow rate with respect to
time.
51 . Hydrograph Method: A method that estimates runoff
volume and runoff hydrographs for a point of interest
by generating hydrographs for individual sub areas,
combining them, and routing them through stream
lengths and reservoir structures . Factors such as
rainfall amount and distribution, runoff curve number,
time of concentration, and travel time are included.
52 . Illegal Discharge: See Illicit Discharge below.
53 . Illicit Connection: Any drain or conveyance, whether
on the surface or subsurface, which allow an illicit
discharge to enter the MS4 .
54 . Illicit Discharge: Any discharge to the MS4 that is
prohibited under this Chapter of the Code of
Ordinances .
55. Impervious Surface: A hard-surfaced area that
prevents or retards the entry of water into the soil.
An impervious surface may cause water to run off the
surface in greater quantities, or at an increased rate
of flow, than was present under natural conditions .
Impervious surfaces include, but are not limited to,
roof tops, asphalt or concrete streets, sidewalks,
driveway paving, parking lots, walkways, patio areas,
storage areas, gravel, bituminous substances or other
surfaces which similarly affect the natural
infiltration, or runoff patterns, of real property in
the natural state with existing ground cover.
56. Industrial Waste (Commercial Waste) : Any wastes
produced as a by-product of any industrial,
institutional or commercial process or operation,
other than domestic sewage.
57 . Infiltration: The passage or movement of water into
the ground.
58 . Land Disturbing Activity: The process of disturbing
existing groundcover, excavation of existing site
material, or the placement of fill material on a site,
related to a man-made change to improved or unimproved
real estate, including but not limited to building or
other structures, mining, dredging, filling, grading,
paving, excavation, or drilling operations .
Ordinance No. 4761
Page 8
59 . Loessal Soil : Sediment, commonly non-stratified and
unconsolidated, composed predominately of silt-sized
particles with accessory clay and sand.
60 . Lot : A parcel of land of at least sufficient size to
meet minimum zoning requirements for use, coverage and
area to provide such yards and other open space as are
herein required. No portion of an established
floodway area lying within a lot or any access drive
through a property shall be used in computing the
number of dwelling units to be constructed. Such lot
shall have frontage on a public street or private
street and may consist of: (a) a single lot of
record; (b) a portion of a lot of record; (c) a
combination of complete lots of record, of complete
lots of record and portions of lots of record, or of
portions of lots of record; and (d) a parcel of land
described by metes and bounds; provided that in no
case of division or combination shall any residential
lot or parcel be created which does not meet the
requirements of this Ordinance.
61 . Major Drainage System: That portion of a drainage
system needed to store and convey flows beyond the
capacity of the minor drainage system.
62 . May: Signifies an act that is discretionary.
63 . Mechanical Fluid: Any fluid used in the operation and
maintenance of machinery, vehicles and any other
equipment, including lubricants, antifreeze, petroleum
products, oil and fuel.
64 . Minor Drainage System: Portion of a drainage system
designed for the convenience of the public. It
consists of street gutters, storm sewers, small open
channels and swales .
65 . Mitigation: Activity necessary when the prescribed
controls are not sufficient and additional measures
are required to offset the development, including
those measures necessary to minimize the negative
effects which storm water drainage and development
activities might have on the public health, safety and
welfare. Examples of mitigation include, but are not
limited to, compensatory storage, soil erosion and
sedimentation control, and channel restoration.
66. Mobile Commercial Cosmetic Cleaning (or mobile
washing) : Power washing, steam cleaning, and any
other method of mobile cosmetic cleaning of vehicles
and/or exterior surfaces, engaged in for commercial
purposes or related to a commercial activity.
67 . Municipal Separate Storm Sewer System (MS4) : The
conveyance or system of conveyances, including storm
sewers, roadways, roads with drainage systems, catch
Ordinance No. 4761
Page 9
basins, curbs, gutters, ditches, constructed channels
and storm drains, owned or operated by the City.
68 . Natural : Conditions resulting from physical,
chemical, and biological processes without
intervention by man.
69. Natural Drainage: Channels formed in the existing
surface topography of the earth prior to changes made
by unnatural causes .
70 . NPDES : The National Pollutant Discharge
Elimination System.
71 . National Pollutant Discharge Elimination System
(NPDES) Phase II Permit : A permit issued by the US
EPA 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.
72 . Non-Storm Water Discharge: Any discharge that to the
MS4 that is not composed entirely of Storm Water.
73 . Notice of Violation: A written notice detailing any
violations of this Ordinance and any action expected
of the violators .
74 . Oil: Any kind of oil in any form, including but not
limited to petroleum, fuel oil, crude oil, synthetic
oil, motor oil, cooking oil, grease, sludge, oil
refuse, and oil mixed with waste.
75 . One Hundred-Year Event: A rainfall, runoff, or flood
event having a one percent (1%) probability of being
equaled or exceeded in any given year. 24-hour storm
duration is assumed unless otherwise noted.
76. One-Year Event: A rainfall, runoff, or flood event
having a one hundred percent (100%) probability of
being equaled or exceeded in any given year. 24-hour
storm duration is assumed unless otherwise noted.
77 . Outfall : The point at which water or any other
material leaves or may leave the MS4 and also means
the point at which water or any other material leaves
es
or may leave an enclosed conveyance that is part of
the MS4 and enters an open conveyance that is also
part of the MS4 .
78 . Owner: The person who owns a facility, part of a
facility, or land.
79. Parcel : A contiguous lot or tract of land under one
ownership. A lot or tract of land is land intended as
Ordinance No. 4761
Page 10
a unit for the purpose of use, development or transfer
of ownership.
80 . Peak Flow: The maximum rate of flow of water at a
given point in a channel or conduit .
81 . Permittee: The City or jurisdiction.
82 . Person: Any individual, partnership, firm, company,
corporation, association, joint stock company, trust,
estate, governmental entity, or any other legal
entity, or their legal representatives, agents, or
assigns, including all federal, state, and local
governmental entities .
83 . Pesticide: A substance or mixture of substances
intended to prevent, destroy, repel, or migrate any
pest .
84 . Pet Waste (or Animal Waste) : Excrement and other
waste from domestic animals.
85 . Petroleum Product : A product that is obtained from
distilling and processing crude oil and that is
capable of being used as a fuel or lubricant in a
motor vehicle or aircraft, including motor oil, motor
gasoline, gasohol, other alcohol-blended fuels,
aviation gasoline, kerosene, distillate fuel oil, and
#1 and #2 diesel .
86. Point Source: 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.
87 . Pollutant : Any item that may alter storm water from a
natural state. Pollutants may include, but are not
limited to, paints, varnishes, solvents, oil,
automotive fluids, solid wastes, yard wastes, refuse,
rubbish, garbage, litter, discarded or abandoned
objects, pesticides, herbicides, fertilizers, sewage,
fecal coliform, heavy metals, animal wastes, sediment
from construction sites, and noxious or offensive
matter of any kind.
88 . Pollution: The alteration of the physical, thermal,
chemical, or biological quality of, or the
contamination of, any water that renders the water
harmful, detrimental, or injurious to humans, animal
life, plant life, property, or public health, safety,
or welfare, or impairs the usefulness or the public
Ordinance No. 4761
Page 11
enjoyment of the water for any lawful or reasonable
purpose.
89. Positive Drainage: Provision for overland paths for
all areas of a property including depression areas
that may also be drained by storm sewer.
90 . Potable Water: Water that has been treated to
drinking water standards and is safe for human
consumption.
91 . Private Drainage System: All privately or publicly
owned ground, surfaces, structures or systems,
excluding the MS4, that contribute to or convey storm
water, including but not limited to roofs, gutters,
downspouts, lawns, driveways, pavement, roads,
streets, curbs, gutters, ditches, inlets, drains,
catch basins, pipes, tunnels, culverts, channels,
detention basins, ponds, draws, swales, streams and
any ground surface.
92 . Public Improvement Plans : Engineering drawings
subject to approval by the City Engineer for the
construction of public improvements .
93. Qualified Person: A person who possesses the required
certification, license, or appropriate competence,
skills, and ability as demonstrated by sufficient
education, training, and/or experience to perform a
specific activity in a timely and complete manner
consistent with the regulatory requirements and
generally accepted industry standards for such
activity.
94 . Release: To dump, spill, leak, pump, pour, emit,
empty, inject, leach, dispose or otherwise introduce
into the storm drainage system.
95 . Re-Developed Property: Developed property that is
altered or expanded by grading and/or construction
activity at a time period following initial
construction.
96. Retention Facility: Facility designed to hold storm
water for a sufficient length of time to provide for
the storm water to be consumed by evaporation into the
air and/or infiltration into the immediate soil .
97 . Rubbish: Solid waste, including ashes, that consist
of (A) combustible waste materials, including paper,
rags, cartons, wood, excelsior, furniture, rubber,
plastics, yard trimmings, leaves, and similar
materials; and/or (B) noncombustible waste materials,
including glass, crockery, tin cans, aluminum cans,
metal furniture, and similar materials that do not
burn at ordinary incinerator temperatures (1600 to
1800 degrees Fahrenheit) .
•
Ordinance No. 4761
Page 12
98 . Sanitary Sewage: The domestic sewage and/or
industrial waste that is discharged into the City
sanitary sewer system and passes through the sanitary
sewer system to the City sewage treatment plant for
treatment.
99. Sanitary Sewer: The system of pipes, conduits, and
other conveyances which carry industrial waste and
domestic sewage from residential dwellings, commercial
buildings, industrial and manufacturing facilities and
institutions, whether treated or untreated, to the
City sewage treatment plant (and to which storm water,
surface water, and groundwater are not intentionally
admitted) .
100 . Sediment : Soil (or mud) that has been disturbed or
eroded and transported naturally by water, wind,
gravity, or equipment tracking (tires, vehicles) .
101 . Sedimentation: The process that deposits soils,
debris, and other materials either on other ground
surfaces or in bodies of water or storm water drainage
systems .
102 . Septic Tank Waste: Any domestic sewage from holding
tanks such as vessels, chemical toilets, campers,
trailers, septic tanks and aerated tanks .
103. Shall : Signifies an act that is mandatory.
104 . 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 Section 313 of Emergency Planning
and Community Right-to-Know Act (EPCRA) ; fertilizers;
pesticides; and waste products such as ashes, slag and
sludge that have the potential to be released with
storm water discharges .
105 . Site: The land or water area where any facility or
activity is physically located or conducted, including
adjacent land used in connection with the facility or
activity.
106. Slope Disturbance Line: The line which delineates
relatively level building areas from areas where
slopes exceed seven percent (7%) and where special
precautions must be taken.
107 . Small Quantity Generator Waste: Any hazardous
waste generated by a small quantity generator as
defined by the US EPA.
Ordinance No. 4761
Page 13
108 . Solid Waste: Any garbage, rubbish, refuse and other
discarded material, including solid, liquid,
semisolid, or contained gaseous material, resulting
from industrial, municipal, commercial, construction,
mining or agricultural operations, and residential,
community and institutional activities .
109. Storm Sewer: A closed conduit for conveying collected
storm water.
110 . Storm Water: Storm water runoff, snow melt runoff,
and surface runoff and drainage consisting entirely of
water from any form of natural precipitation, and
resulting from such precipitation.
111 . Storm Water Discharge Associated with Industrial
Activity: 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
(a) through (j ) 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 (k)
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 .
Ordinance No. 4761
Page 14
Industrial facilities (including industrial facilities
that are Federally, State, or municipally owned or
operated that meet the description of the facilities
listed in paragraphs (a) to (k) of this 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 subsection:
a. 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) ;
b. 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, or 373;
c. Facilities classified as Standard Industrial
Classifications 10 through 14 (mineral industry)
including active or inactive mining operations
(except for areas of coal mining operations no
longer meeting the definition of a reclamation area
under 40 CFR 434 . 11 (1) because the performance bond
issued to the facility by the appropriate SMCRA
authority has been released, or except for areas of
non-coal mining operations that have been released
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, by-products 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;
d. Hazardous waste treatment, storage, or disposal
facilities, including those that are operating
under interim status or a permit under Subtitle C
of RCRA;
e. 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;
f. Facilities involved in the recycling of materials,
including metal scrap yards, battery reclaimers,
Ordinance No. 4761
Page 15
salvage yards, and automobile junkyards, including
but limited to those classified as Standard
Industrial Classification 5015 or 5093;
g. Steam electric power generating facilities,
including coal handling sites;
h. Transportation facilities classified as Standard
Industrial Classifications 40, 41, 42 (except 4221-
4225) , 43, 44, 45 or 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 (a) to (g) or (i) to
(k) of this subsection are associated with
industrial activity;
i . 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;
j . 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;
k. 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, or 4221-
4225 (and that are not otherwise included within
categories (a) to (j ) above) .
112 . Storm Water Drainage System: Any publicly or
privately owned or operated surface, system, facility,
structure, improvement, development, equipment,
property or interest therein, or other structural or
nonstructural element made, constructed, used or
acquired, for the purpose of collecting, containing,
storing, conveying and controlling storm water,
Ordinance No. 4761
Page 16
including but not limited to storm sewers, curbs,
street drains, conduits, lakes, rivers, creeks, other
natural or manmade channels, pipes, culverts and
detention ponds.
113 . Storm Water Management Fee: Fee levied within the
boundaries of the storm water drainage system district
for use in the development and daily maintenance of
the City' s storm water management program and the
City' s storm sewer system.
114 . Storm Water Management Program: Overall strategy and
plan for the management of storm water drainage within
the City as outlined originally in the City' s Notice
of Intent dated March 2003 .
115. Storm Water Pollution Prevention Plan (SWPPP) : A
document that describes the Best Management Practices
to be implemented at a site, to prevent or reduce the
discharge of pollutants.
116. Storm Water Runoff: That portion of rainfall that
drains into the storm sewer drainage system.
117 . Stream: Any river, creek, brook, branch, flowage,
ravine, or natural or man-made drainage way which has
a definite bed and banks or shoreline, in or into
which surface or groundwater flows, either perennially
or intermittently.
118 . Stripping: Any activity which removes the vegetative
surface cover, including trees, by spraying or
clearing, and storage or removal of topsoil .
119. Subdivision Development : Includes activities
associated with the platting of any parcel of land
into two or more lots and includes all construction
activity taking place thereon.
120 . Surface Water: Water bodies and any water temporarily
residing on the surface of the ground, including
oceans, lakes, reservoirs, rivers, ponds, streams,
puddles, channelized flow and runoff.
121 . Ten-Year Event: A runoff, rainfall, or flood event
having a ten percent (10%) probability of being
equaled or exceeded in any given year. 24-hour storm
duration is assumed unless otherwise noted.
122 . Time of Concentration: The elapsed time for storm
water to flow from the most hydraulically remote point
in a drainage basin to a particular point of interest
in that watershed.
123 . Tributary Watershed: All of the land surface area
that contributes runoff to a given point.
Ordinance No. 4761
Page 17
124 . Two-Year Event : A runoff, rainfall, or flood event
having two percent (2%) probability of being equaled
or exceeded in any given year. 24-hour storm duration
is assumed unless otherwise noted.
125 . Uncontaminated: Not containing harmful quantities of
pollutants .
126. Used Motor Oil (or Used Oil) : Any oil that as a
result of use, storage, or handling, has become
unsuitable for its original purpose because of
impurities or the loss of original properties .
127 . Used Oil : See Used Motor Oil .
128 . Utility Agency: Private utility companies, City
departments, or contractors working for private
utility companies or City departments, engaged in the
construction or maintenance of utility distribution
lines and services, including water, sanitary sewer,
storm sewer, electric, gas, telephone, television and
communication services .
129. Vacant : Land on which there are no structures or only
structures which are secondary to the use or
maintenance of the land itself.
130 . Waste Water: Any water or other liquid, other than
uncontaminated storm water, discharged from a
facility.
131 . Water Quality Standard: The designation of a body or
segment of surface water in the State for desirable
uses and the narrative and numerical criteria deemed
by state or federal regulatory standards to be
necessary to protect those uses.
132 . Waters of the State: 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, but not
including any waters of the United States.
133 . Waters of the United States : All waters which are
currently used, were used in the past, or may be
susceptible to use in interstate or foreign commerce,
including all waters which are subject to the ebb and
flow of the tide; all interstate waters, including
interstate wetlands; all other waters the use,
degradation, or destruction of which would affect or
could affect interstate or foreign commerce; all
impoundments of waters otherwise defined as waters of
the United States under this definition; all
tributaries of waters identified in this definition;
L a
Ordinance No. 4761
Page 18
all wetlands adjacent to waters identified in this
definition; and any waters within the federal
definition of "Waters of the United States" at 40 CFR
Section 122 . 2; but not including any waste treatment
systems treatment ponds, or lagoons designed to meet
the requirements of the federal Clean Water Act .
134 . Watershed: All land area drained by, or contributing
water to, the same channel, lake, marsh, storm water
facility, groundwater or area of depression.
135 . Wet Basin: A detention basin designed to maintain a
permanent pool of water after the temporary storage of
storm water runoff.
136. Wetlands : Those areas that are inundated or saturated
by surface or groundwater at a frequency and duration
sufficient to support, and under normal circumstances
do support, a prevalence of vegetation typically
adapted for life in saturated soil conditions.
Wetlands generally include swamps, marshes, bogs, and
similar areas. For general, but not inclusive
locations of designated wetlands refer to mapping
prepared jointly by the U. S. Department of Interior
and the U. S. Fish and Wildlife Service.
137 . Yard Waste: Leaves, grass clippings, tree limbs,
brush, soil, rocks or debris that result from
landscaping, gardening, yard maintenance or land
clearing operations .
Section 8-4-2 . Purpose, Intent and Objectives .
A. The purpose of this Ordinance and other ordinances adopted
under this Chapter of the Code of Ordinances is to address
mandates of the federal government, including but not
limited to the Clean Water Act and National Pollutant
Discharge Elimination System (NPDES) Phase II permit
regulations regarding the desired reduction of pollution in
storm water runoff.
B. The intent of this Ordinance and other ordinances adopted
under this Chapter of the Code of Ordinances is to
establish policies to comprehensively manage and reduce the
potential for storm water runoff pollution in a safe and
economical manner within the City, for the purpose of
promoting the health, safety and general welfare of the
population, and for the protection of property. This
Ordinance is also intended to provide for the study of,
design, operation, construction, equipping, and maintenance
of the storm water drainage system within the City limits .
C. Following are objectives of the storm water management
program:
Ordinance No. 4761
Page 19
1 . To maintain and improve the quality of water impacted by
the storm drainage system of the City,
2 . Maintain emergency vehicle movement during storm or
flood events,
3 . Protect, maintain and enhance the environment of the
City, and the short-term and long-term public health,
safety, and general welfare of the citizens of the City,
4 . Reduce pollutant discharge to the City' s storm sewer
system from construction sites, as well as the discharge
of pollutants from industrial, commercial and
residential areas of the City,
5 . Preserve the value of existing buildings and other
assets by developing infrastructure that will assist in
the reduction of storm event related loses,
6. Assure that new developments and re-developments do not
increase flood or drainage potential or create unstable
conditions susceptible to erosion,
7 . Facilitate compliance of construction site permits with
regard to State and Federal standards,
8 . Preserve the City' s watercourses in good condition,
9 . Address and minimize obstruction of the City' s
watercourses,
10 . Enhance urban water resource management techniques,
including both the reduction of pollution, and the
enhancement of the urban environment, required by the
NPDES permit and such other regulations of the City,
state and federal government,
11 . Maintain temporary and permanent public storm water
storage facilities within the City in good operational
condition.
12 . Promote public awareness of the impact of improper
discharge of garbage, hazardous chemicals and sediment
to the storm drainage system,
13 . Encourage the recycling and proper disposal of hazardous
consumer products, and
14 . Maintain and improve the quality of the community water
into which the storm water outfalls flow, including,
without limitation, the lakes, rivers, streams, ponds,
wetlands, sinkholes, and groundwater of the City, waters
of the State and waters of the United States .
Section 8-4-3 . Duties and Authority of the City Engineer,
General .
Ordinance No. 4761
Page 20
A. The City Engineer, or designated representative, shall
exercise all lawful powers necessary and appropriate to
administer the storm water management program. The duties
and authority herein described are in addition to other
applicable legal duties and authority. The duties and
authority of the City Engineer, or designated
representative, shall include, but are not limited to:
1 . Administration of the regulations contained in the NPDES
permit and in this Chapter of the Code of Ordinances,
2 . Development and administration of all phases of a
comprehensive storm water management program, including,
establishing, studying, planning, designing, developing,
acquiring land for, constructing, administering,
operating, improving, maintaining, and reconstructing
the City' s storm sewer system as necessary,
3 . Administration of the accounting, budgeting, record-
keeping and support personnel necessary for the
efficient operation of the storm water management
program,
4 . Development of educational materials to increase public
awareness that would improve the public' s knowledge and
reduce the introduction of pollution to the storm water
drainage system by the general public,
5 . Coordinate enforcement of the regulations contained in
this Ordinance and other ordinances adopted under this
Chapter of the Code of Ordinances with other City
departments,
6. Seek the cooperation of counties and municipalities in
communities adjacent to the City with the goal of
reducing storm drainage system flooding,
7 . Cooperate with other affected political jurisdictions in
preparing and implementing master drainage plans,
8 . Provide an exchange of information between the public
and City employees on flooding areas and storm water
drainage problems within the City,
9. Perform studies and evaluation required to establish,
maintain and/or modify the storm water management
program,
10 . Require the preservation and enhancement of certain
natural environmental features,
11 . Require submittal of appropriate federal, state and
local permitting to perform work within the City limits,
12 . Review the installation of drainage improvements in new
developments and in redevelopments,
Ordinance No. 4761
Page 21
13. Administration of a program to periodically review
erosion control features placed within new construction
sites,
14 . Administration of a program to periodically review
erosion control features placed during initial
construction to ensure that they remain in good
condition and are not removed without proper
authorization,
15 . Recommend to the City Council the establishment, and
periodic adjustment of, storm water management fees,
16. Review and recommend modification to the collection
procedure for storm water management fees,
17 . Hear and consider challenges to the application of this
Ordinance, the application of other ordinances adopted
under this Chapter of the Code of Ordinances, and the
calculation of storm water management fees, and
18 . Recommend to the Mayor and the City Council policies for
establishing additional storm water drainage services,
preserving or expanding existing services and making
changes in service for the benefit of the City.
Section 8-4-4 . City Council Discretion to Provide for, and
Approve Improvements
to, the Storm Water Drainage System.
A. Determination of storm water services to be provided by the
City, and construction of storm water facilities and
improvements to the storm water drainage system, shall be
made at the sole discretion of the City Council.
B. The City Engineer, or designated representative, shall
recommend storm water services to be provided by the City,
and construction of the storm water facilities and
improvements to the storm water drainage system, to the
City Council based upon engineering analysis, taking into
consideration frequency of flooding events, potential loss
of life, potential property damage, effect upon the general
public and other factors affecting the purpose of this
Ordinance.
Section 8-4-5 . Storm Water Management Authority.
A. All areas within the city limits of the City are hereby
declared and designated as a storm water drainage system
district within the meaning and intent of, and for the
purposes authorized by, Section 384 . 84 of the Code of Iowa.
Said district shall be governed by a storm water management
authority.
Ordinance No. 4761
Page 22
B. In furtherance of the purposes for which a storm water
drainage system district is authorized, and to protect and
promote the public health, safety, welfare, and convenience
of the City and its citizens, charges shall be levied upon
and collected from the owners of all real estate that
discharges storm water, directly or indirectly, to the
storm water drainage system. The proceeds of such charges
shall be deposited in a storm water management enterprise
fund and used for purposes authorized by this Ordinance.
C. The City Council shall be the governing body of the storm
water management authority, and the authority shall be
under the direction, management and control of the City
Engineer. The City Engineer shall oversee the daily
operation of the storm water management authority, shall
enforce the provisions of this Ordinance and all other
ordinances adopted under this Chapter of the Code of
Ordinances, and shall carry out the policy directives of
the City Council acting in its role as governing body of
the storm water management authority.
Section 8-4-6. Storm Water Management Enterprise Fund.
A. A storm water management enterprise fund shall be
established and maintained for the purpose of identifying,
receiving and controlling all revenues and expenses
attributable to the City' s storm water management program,
and to meet applicable local, state and federal
regulations, including, but not limited to, the City' s
NPDES permit requirements . Storm water charges, loans,
grants or funds received for the administration, operation,
construction and improvement of the City storm water
drainage system and facilities and the City' s storm water
management program shall be deposited in such fund.
B. The following expenditures shall be acceptable uses of
storm water management enterprise funds :
1 . NPDES permit fees,
2 . Development of public outreach and education materials,
3 . Costs associated with public involvement and
participation related to the storm water management
program,
4 . Storm water policy development assistance,
5 . Illicit discharge detection and elimination procedures,
equipment, testing, and investigation,
6. Water collection and sampling fees and related
equipment,
7 . Planning, design, engineering, construction,
maintenance, operation, and improvement of drainage
Ordinance No. 4761
Page 23
services, facilities and structures, which shall include
but are not limited to conduits, drains, manholes, storm
water detention devices, flow impediments, ponds,
ditches, sloughs, streams, filter strips, rip-raps, and
erosion control devices,
8 . Construction site and post-construction site inspection
costs,
9. Staff time related to the storm water management
program,
10 . Employee training, and
11 . Consulting fees related to the storm water management
program and construction of storm water related
projects .
C. Additional expenditures and disbursements from the storm
water management enterprise fund shall be at the direction
and discretion of the City Engineer, or designated
representative, with approval of the City Council .
Section 8-4-7 . Establishment of Storm Water Management Fee.
The City Council may, from time to time, set storm water
management fees to be charged to property owners . Amounts
collected shall be deposited in the storm water management
enterprise fund for use as authorized by this Ordinance.
Section 8-4-8 . Storm Water Management Fee Exemptions .
A. Storm water management fees shall not be imposed on the
following types of property:
1 . City, state and federal roads, bridges, highways,
streets, right-of-ways, sidewalks and pathways .
2 . Parks, buildings, facilities and open spaces, including
but not limited to parking lots or facilities, owned or
operated by the City.
Section 8-4-9. Collection of Storm Water Management Fees.
A. The municipal waterworks office is hereby authorized and
directed to render and collect fees in accordance with the
fees established in this Ordinance. Fees shall be
collected with the owner' s regular water and sewer bill and
shall be shown as a separate item on the bill . Collection
policies shall be the same as for other city utility
services . When a fee is six (6) months delinquent, the
unpaid fee shall be assessed against the property and shall
constitute a lien against the property as provided in Iowa
Code § 384 . 84 (3) .
•
Ordinance No. 4761
Page 24
B. Deposit requirements, late charges and penalties as are now
or may be hereinafter established for water service bills
shall also apply to storm water charges . In the event that
any person, firm or corporation shall tender as payment of
water, sewer, collection of solid waste and storm water
management fees an amount insufficient to pay in full all
of the charges so billed, payment shall be credited
proportionately among all charges .
C. The provision for collection provided herein shall be in
addition to any rights or remedies that the City may have
under the laws of the State of Iowa or the Code of
Ordinances .
Section 8-4-10 . Appeal or Adjustment of Storm Water Management
Fee.
A. Any user who considers storm water management fees to be
inaccurate or erroneous may request review thereof by the
City Engineer, or designated representative.
B. The determination of the City Engineer, or designated
representative, shall be in writing and may be appealed to
the City Council by written notice of appeal stating the
reason and basis for the appeal. The appeal shall be filed
with the City Engineer, or designated representative, and
the City Clerk within thirty (30) days of the date of
notice of the determination of the City Engineer, or
designated representative. Hearing on the appeal before
the City Council, or other designated committee, shall take
place within thirty (30) days from the date of the notice
of appeal was filed with the City Clerk. The decision of
the City Council shall be considered final.
Section 8-4-11 . Severability.
The provisions of this Ordinance are hereby declared to be
severable. If any provision, clause, sentence, or paragraph of
this Ordinance or the application thereof to any person,
establishment, or circumstances shall be held invalid, such
invalidity shall not affect the other provisions or applications
of this Ordinance.
INTRODUCED: March 14, 2005
PASSED 1st CONSIDERATION: March 14, 2005
PASSED 2nd CONSIDERATION: March 14, 2005
PASSED 3rd CONSIDERATION: March 14, 2005
1
a
Ordinance No. 4761
Page 25
PASSED AND ADOPTED by the City Council of the City of
Waterloo, Iowa, on the 14th day of March, 2005, and approved by
the Mayor on the 16th day of March, 2005.
Tim Hurley, May r
ATTEST:
Nanc Ecke , CMC
City Clerk
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. 4761, as passed and adopted by the Council of
the City of Waterloo, Iowa, on the 14th day of March, 2005 .
Witness my hand and seal of office this 16th day of March,
2005.
rC.QASZAJ
SEAL "{-, Nancy `Ecke , CMC
City Clerk
✓ ,'�r fir,