HomeMy WebLinkAbout4762 - 03/14/2005 •
y INDE) LACK HAWK COUNTY,IOWA:ss FEE BOOK# 2006 1179
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PROOF FILED FOR RECORD JUL 13 2005 ,AT 4:00 P. FEE 1-60.0071.00/
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COMPARED
6; i4eL;J,LIA40 BLACK HAWK COUNTY RECORDER
CITY OF WATERLOO
This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry
Street, Waterloo, Iowa.
ORDINANCE NO. 4762
AN ORDINANCE AMENDING THE 2001 CODE OF
ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY
ADDING A NEW ARTICLE A, ILLICIT DISCHARGE
DETECTION AND ELIMINATION, OF 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 Article A, Illicit Discharge Detection and
Elimination, of Chapter 4, Storm Water Management Program, of
Title 8, Public Utilities, is hereby enacted as follows :
TITLE 8
CHAPTER 4
ARTICLE A
ILLICIT DISCHARGE DETECTION AND ELIMINATION
Section 8-4A-1 . Purpose and Intent .
A. The purpose of this Article of the Code of Ordinances is to
provide for the health, safety, and general welfare of the
citizens of the City through the regulation of non-storm
water discharges to the municipal separate storm sewer
system (MS4) , to the maximum extent practicable, as
required by federal and state law. This Ordinance
establishes methods for controlling the introduction of
pollutants into the Municipal Separate Storm Sewer System
(MS4) in order to comply with requirements of the National
Pollutant Discharge Elimination System (NPDES) Phase II
permit and the federal Clean Water Act . The objectives of
this Ordinance are to:
1 . Establish legal authority to conduct inspection and
monitoring procedures necessary to ensure compliance
with this Ordinance,
2 . Investigate and eliminate, to the maximum extent
practicable, the contribution of pollutants to the MS4
by storm water discharges introduced by system users,
and
3 . Prohibit illicit connections and discharges to the MS4 .
Section 8-4A-2 . Definitions .
A. Terms or acronyms used in this Ordinance shall, unless
defined in this Article, have the meaning given to them in
§ 8-4-1 of the Code of Ordinances .
Ordinance No. 4762
Page 2
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.
Section 8-4A-3 . Applicability.
This Ordinance shall apply to all water entering the MS4,
generated on developed or undeveloped lands, unless explicitly
exempted by the NPDES permit, federal and state regulations and
the City Council .
Section 8-4A-4 . Storm Water Management Program - Authority of
City Engineer with Regard to Illicit Discharge.
A. The City Engineer shall administer, implement, and enforce
the provisions of this Ordinance.
B. With respect to the City' s compliance with the NPDES Phase
II permit regulations, the City Engineer may do the
following in relation to illicit discharge detection and
elimination:
1 . Carry out all inspections, monitoring and enforcement
procedures necessary to determine compliance with this
Ordinance,
2 . Administer the City' s compliance with the NPDES MS4
permit to discharge storm water,
3 . Create, promote, and distribute to citizens educational
program materials related to storm water pollution
prevention,
4 . Investigate potential storm water pollution violations
that are within the City limits on residential,
commercial, industrial and city owned properties for the
presence of illicit discharges as defined by this
Ordinance that may contaminate storm water runoff,
5 . Review and enforce remediation programs as required for
properties where illicit discharge to the storm sewer
system are found to exist,
6. Develop programs to control the discharge of pollutants,
and the dumping or disposal of materials other than
storm water (e. g. industrial and commercial waste,
trash, motor vehicle fluids, yard waste, grass
clippings, animal waste, etc. ) into the MS4,
7 . Acquire and authorize testing of water samples through
field-testing programs,
8 . Audit City use of herbicides, fertilizers and pesticides
to determine compliance with federal and state
Ordinance No. 4762
Page 3
regulations and recommend alternative solutions where
practicable for the reduction of the use of these items
through education and out-reach programs, and
9. Audit City department procedures to confirm that the
City is in compliance with federal and state NPDES
regulations and determine if the City has obtained, and
is in compliance with, permits required by federal and
state environmental laws.
Section 8-4A-5. Exempted Non-Storm Water Discharges .
A. The following non-storm water discharges are exempt from
the discharge prohibitions of this Ordinance, unless a
particular discharge has been determined to be a
substantial contributor of pollutants to the MS4 and the
discharge continues more than ten (10) days after delivery
of written notice of such determination to the discharger:
1 . Fire fighting activities that are necessary due to an
immediate danger to life or property,
2 . Fire hydrant flushing,
3. Potable water sources,
4 . Water line flushing,
5 . Uncontaminated groundwater,
6. Uncontaminated pumped ground water,
7 . Crawl space pump water,
8 . Natural springs,
9 . Natural riparian habitat or wetland flows,
10 . Irrigation water (except for wastewater irrigation) ,
11 . Air conditioning condensation,
12 . Exterior building wash water when no detergents or other
surfactants are used,
13 . 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) ,
14 . Diverted stream flows,
15 . Storm sewer system cleaning water,
16. Residential or non-commercial washing of vehicles,
Ordinance No. 4762
Page 4
17 . De-chlorinated swimming pool discharge less than one (1)
PPM chlorine,
18 . Residual street wash water,
19 . De-chlorinated water from reservoir discharges,
20 . Foundation or footing drains where flows are not
contaminated with process materials such as solvents
(not including active groundwater dewatering systems) ,
21 . Discharges specified in writing by the City Engineer as
being necessary to protect public health and safety of
citizens,
22 . Dye-testing procedures (requires a verbal notification
to the City Engineer prior to the time of the test) , and
23 . Any other water source not containing pollutants, as
approved by the City Engineer.
Section 8-4A-6. Illicit Discharges and Illicit Connections
Prohibited.
A. No person shall discharge or cause to be discharged into
the MS4 any materials, including but not limited to
pollutants, or waters containing any pollutants, that cause
or contribute to a violation of applicable water quality
standards, other than storm water.
B. The construction, use, maintenance or continued existence
of illicit connections to the MS4 is prohibited.
C. This prohibition expressly includes, without limitation,
illicit connections made in the past, regardless of whether
the connection was permissible under law or practices
applicable or prevailing at the time of connection.
D. A person is considered to be in violation of this Ordinance
if the person connects a line conveying a pollutant to the
MS4, or allows such a connection to continue. The
prohibition shall not apply to any non-storm water
discharge permitted under this Ordinance, an NPDES permit,
waiver, or waste discharge order issued to the discharger
and administered under the authority of the federal
Environmental Protection Agency, provided that the
discharger is in full compliance with all requirements of
this Ordinance, the permit, waiver, or order and other
applicable laws and regulations, and provided that written
approval has been granted for any discharge to the MS4 .
Section 8-4A-7 . Illicit Discharge Items.
A. The following direct or indirect discharges into community
waters, Waters of the State or Waters of the United States
Ordinance No. 4762
Page 5
are, without limitation, examples of illicit discharges .
This listing of discharges is not intended to be
exhaustive, nor shall it be construed as such, but is
illustrative only.
1 . Sewage dumping or dumping of sewage sludge,
2 . Chlorinated swimming pool discharge with chlorine
concentrations greater that one (1) PPM,
3 . Discharge of any polluted household wastewater, such as
but not limited to, laundry wash water and dishwater,
except to a sanitary sewer or septic system,
4 . Leaking sanitary sewers and connections, which have
remained uncorrected for a period of time as indicated
in the NPDES permit issued to the City by the
Department,
5 . Commercial, industrial or non-exempt public vehicle wash
or power wash discharge,
6 . Dead animals or animal fecal waste,
7 . Non-storm water discharges, except those allowed
pursuant to a permit issued by IDNR,
8 . Concrete truck wash water,
9 . Dredged material from waterways,
10 . Spoil material such as sediment runoff from construction
sites,
11 . Chemical waste,
12 . Hazardous waste,
13 . Runoff from discarded vehicles or equipment,
14 . Garbage,
15 . Rubbish,
16. Yard waste,
17 . Floatable materials, and
18 . Any other item deemed a pollutant as designated by the
City Engineer.
Section 8-4A-8 . Storm Water Monitoring Sites .
The City Engineer shall monitor concentration of pollutants in
storm water discharges from locations as designated in the City
Ordinance No. 4762
Page 6
Storm Water Management Program, or as otherwise determined by
the City Engineer.
Section 8-4A-9 . Watercourse Protection.
Every person owning property in the City through which a
watercourse passes, or other responsible person, shall keep and
maintain that part of the watercourse that is within their
property free of trash, debris, excessive vegetation, and other
obstacles that would pollute, contaminate, or significantly
retard the flow of water through the watercourse. In addition,
the owner or other responsible person shall maintain existing
privately owned structures within or adjacent to a watercourse,
so that such structures shall not become a hazard to the use,
function, or physical integrity of the watercourse.
Section 8-4A-10 . Requirement to Prevent, Control, and Reduce
Storm Water Pollutants by the Use of Best Management
Practices (BMPs) .
A. The City Engineer may adopt requirements identifying best
management practices (BMPs) for any activity, operation, or
facility that may cause or contribute to pollution or
contamination of storm water runoff in the MS4 .
Notwithstanding the preceding sentence, the requirements of
this Section 8-4A-10 shall not apply to any activity,
operation, or facility that is subject to an NPDES permit
that governs the storm water runoff or discharges of such
activity, operation, or facility, except as may be
necessary for the owner or operator to comply with
requirements of the applicable NPDES permit .
B. The owner or operator of a non-residential establishment
shall provide, at its own expense, reasonable protection
from accidental discharge of prohibited materials or other
wastes into the MS4 or watercourses through the use of
structural and non-structural BMPs .
C. Any person responsible for a property or premises which is,
or may be, the source of an illicit discharge may be
required to implement, at said person' s expense, additional
structural and non-structural BMPs to prevent the further
discharge of pollutants to the MS4 . Compliance, to the
maximum extent practicable, with all terms and conditions
of a valid NPDES permit authorizing the discharge of storm
water associated with any activity, operation, or facility
shall be deemed in compliance with the provisions of this
section. Structural and non-structural BMPs shall be part
of a storm water pollution prevention plan (SWPPP) as
necessary for compliance with requirements of an applicable
NPDES permit .
Section 8-4A-11 . Suspension of Discharge Rights Due to Illicit
Discharges in Emergency Situations .
Ordinance No. 4762
Page 7
A. The City Engineer may, without prior notice, suspend MS4
discharge rights to a person when such suspension is
necessary to stop actual or threatened discharge that
presents, or may present, imminent and substantial danger
to the environment, health or welfare of persons, or to the
MS4 . If the violator fails to comply with a suspension
order issued in an emergency, the City Engineer may take
such steps as are, in the discretion of the City Engineer,
deemed necessary to prevent or minimize damage to the MS4,
or to minimize danger to persons.
B. A person violates this Ordinance if the person reinstates
MS4 discharge to a premises terminated pursuant to this
Ordinance, without the prior written approval of the City
Engineer.
Section 8-4A-12 . Suspension of Action Due to the Detection of
Illicit Discharge in Non-Emergency Situations .
A. Any person discharging to the MS4 in violation of this
Ordinance may have their MS4 discharge rights terminated if
such termination would abate or reduce an illicit
discharge. The City Engineer shall notify a violator of the
proposed termination of its MS4 discharge rights no less
than thirty (30) days before the date of proposed
termination. The violator may petition the City Engineer
for a reconsideration and hearing.
B. A person violates this Ordinance if the person reinstates
MS4 discharge to a premises terminated pursuant to this
Ordinance, without the prior written approval of the City
Engineer.
Section 8-4A-13 . Monitoring of Discharges.
A. The City Engineer, bearing proper credentials and
identification, may enter and inspect properties within the
City if there is reasonable cause to believe that an
illicit discharge to the MS4 is occurring. These
inspections may include investigations, monitoring,
observation, measurement, enforcement, sampling, and
testing, to determine if suspected discharge is in fact
illicit .
B. The City Engineer shall duly notify the owner of said
property, or the representative of the owner or other
responsible person on-site, of the inspection. The
inspection shall be conducted at reasonable times during
the course of the business day.
C. In the event the City Engineer reasonably believes that
discharges from the property into the MS4 may cause an
imminent and substantial threat to human health or the
environment, the inspection may take place without notice
to the owner of the property or a representative on-site.
Ordinance No. 4762
Page 8
The inspector shall present proper credentials upon
reasonable request by the owner or the owner' s
representative when contacted.
D. Upon refusal by any property owner to permit an inspector
to enter a site or continue an inspection, the inspector
shall terminate the inspection or confine the inspection to
areas to which no objection is raised. The inspector shall
immediately report the refusal, and the grounds of the
refusal, to the City Engineer. The City Engineer may seek
appropriate compulsory process .
E. The City Engineer shall have the right to place devices on
the property necessary, in the discretion of the City
Engineer, to conduct monitoring and/or sampling of
discharges .
Section 8-4A-14 . Notification of Spills .
Notwithstanding any other requirements of law, as soon as any
person responsible for an activity, operation, or facility, or
responsible for emergency response for an activity, operation,
or facility, has information of any known or suspected release
of materials which are resulting or may result in illicit
discharges or pollutants discharging into storm water, the storm
water drainage system, Waters of the State, or Waters of the
United States from said activity, operation, or facility, said
person shall take all necessary steps to ensure the discovery,
containment, and cleanup of such release. In the event of such
a release of hazardous material said person shall immediately
notify emergency response officials of the occurrence via
emergency dispatch services (911) . In the event of a release of
non-hazardous materials, said person shall notify the City
Engineer in person or by phone or facsimile no later than 5: 00
p.m. the next business day. Notifications in person or by phone
shall be confirmed by written notice addressed and mailed to the
City Engineer within three (3) business days of the telephonic
notice . If the discharge of prohibited materials emanates from
a commercial or industrial establishment, the owner or operator
shall also retain an on-site written record of the discharge and
the actions taken to prevent its recurrence. Such records shall
be retained for at least three (3) years.
Section 8-4A-15 . Enforcement - Notice of Violation.
A. When the City Engineer finds that a person has violated a
prohibition or failed to meet a requirement of this
Ordinance, the City Engineer shall notify the property
owner or other responsible person in writing. This written
notice may be delivered by ordinary mail to the property
owner or other responsible person at its last known
address . Such notice shall include:
1 . Name of the property owner,
Ordinance No. 4762
Page 9
2 . Date and the location of the violation,
3 . Description of the violation,
4 . Actions that must be taken by the property owner to
remedy the violation, including but not limited to the
elimination of illicit discharges and connections, the
performance of monitoring, analyses, and reporting, and
the implementation of source control or treatment BMPs .
5 . Deadline by which the required actions must be
completed,
6. Notice date,
7 . Restoration procedures to property, if any, and
8 . Amount of administrative and remediation fines, fees, or
costs, if any. The notice shall also advised that, if
the violator fails to take required remedial action
within the stated deadline, the work may be done by a
designated governmental agency or a private contractor,
in either case at the sole expense of the violator.
Section 8-4A-16. Appeal of Notice of Violation.
Any person receiving a Notice of Violation may appeal the
determination of the City Engineer. The notice of appeal must be
received within fourteen (14) days from the date of the Notice
of Violation. Hearing on the appeal before the City Council, or
other designated committee, shall take place within fourteen
(14 ) days from the date of receipt of the notice of appeal . The
decision of the City Council shall be considered final .
Section 8-4A-17 . Enforcement Measures After Appeal .
If the violation has not been corrected pursuant to the
requirements set forth in the Notice of Violation, or, in the
event of an appeal, within fourteen (14) days of the decision of
the City Council upholding the decision of the City Engineer,
the City Engineer shall enter upon the subject property and take
measures necessary to abate the violation and/or restore the
property to an acceptable condition. It shall be unlawful for
any person to refuse to allow the City, or the City' s designated
contractor, to enter upon the premises for the purposes set
forth above.
Section 8-4A-18 . Cost of Abatement of the Violation.
After abatement of the violation, the owner of the property
shall be notified of the cost of abatement, including
administrative costs . The property owner may, within thirty (30)
days following notice of abatement costs, file a written protest
objecting to the amount of the assessment . If the amount due is
Ordinance No. 4762
Page 10
not paid within a timely manner as determined by the City
Engineer, the assessment shall constitute a lien on the property
pursuant to Iowa Code § 384 . 84 . Any abatement costs not paid in
full within thirty (30) days of final determination shall bear
interest at the rate of ten percent (10%) per annum until paid
in full .
Section 8-4A-19. Injunctive Relief.
It shall be unlawful for any person to violate, or fail to
comply with, any of the requirements of this Ordinance. If a
person has violated, or continues to violate, the provisions of
this Ordinance, the City Engineer may petition for a preliminary
or permanent injunction restraining the person from activities
which would create further violations or compelling the person
to perform abatement or remediation of the violation.
Section 8-4A-20 . Compensatory Action.
In lieu of enforcement proceedings, penalties, and remedies
authorized by this Ordinance, the City Engineer may impose upon
a violator alternative compensatory actions . These actions may
include, but are not limited to, storm drain labeling,
attendance at storm water pollution prevention compliance
workshops, the cleanup of local waterways or creeks, or other
activity as determined appropriate by the City Engineer. The
failure of any person to complete any compensatory actions
imposed by the City Engineer shall be a violation of this
Ordinance.
Section 8-4A-21 . Violations Deemed a Public Nuisance.
In addition to the enforcement processes and penalties provided,
any condition caused or permitted to exist in violation of any
of the provisions of this Ordinance 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
restored at the violator' s expense, and/or a civil action to
abate, enjoin, or otherwise compel the cessation of such
nuisance may be taken.
Section 8-4A-22 . Municipal Infraction.
A. A violation of this Ordinance constitutes a municipal
infraction under this Code of Ordinances .
B. In addition to any fine or penalty, the City may recover
all legal fees, court costs and other expenses associated
with enforcement of this Ordinance, including necessary
sampling and monitoring expenses .
Ordinance No. 4762
Page 10
Ordinance No. 4762
Page 11
Section 8-4A-23. Remedies Not Exclusive.
The remedies listed in this Ordinance are not exclusive of any
other remedies available under any applicable federal, state or
local law. It is within the discretion of the City Engineer to
seek cumulative remedies if necessary.
Section 8-4A-24 . Abrogation and Greater Restrictions .
This Ordinance is not intended to repeal, abrogate or impair any
existing easements, covenants or deed restrictions . Where this
Ordinance and another ordinance, easement, covenant or deed
restriction conflicts or overlaps in jurisdiction, whichever
regulation imposes the greater restriction shall be enforced.
Section 8-4A-25 . 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.
Section 8-4A-26. Ultimate Responsibility.
The standards set forth herein and promulgated pursuant to this
Ordinance are minimum standards; therefore this Ordinance does
not intend nor imply that compliance by any person shall ensure
that there will be no contamination, pollution, nor unauthorized
discharge of pollutants into the MS4, Waters of the State, or
Waters of the United States .
INTRODUCED: March 14, 2005
PASSED 1St CONSIDERATION: March 14, 2005
PASSED 2nd CONSIDERATION: March 14, 2005
PASSED 3rd CONSIDERATION: March 14, 2005
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.
x,LA
Tim Hurley, Maya
ATTEST:
Nancy-Eckel), CMC
City Clerk
Ordinance No. 4762
Page 12
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. 4762, 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.
7C-k5j-
SEAL
Nanc Ecke , CMC
City Clerk
114