HomeMy WebLinkAbout4980-12/16/2009ORDINANCE NO. 4980
AN ORDINANCE AMENDING THE 2007 CODE OF
ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY
REPEALING SECTIONS 1 THROUGH 11 OF CHAPTER
4, STORM WATER MANAGEMENT PROGRAM, OF TITLE
8, PUBLIC UTILITIES, AND BY ENACTING NEW
SECTIONS 1 THROUGH 18 OF CHAPTER 4, STORM
WATER MANAGEMENT PROGRAM, OF TITLE 8, PUBLIC
UTILITIES.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO,
IOWA, as follows:
That Chapter 4, Storm Water Management Program, of Title 8,
Public Utilities, in the 2007 Code of Ordinances of the City of
Waterloo, Iowa, is hereby amended to repeal Sections 1 through
11 and to enact in place thereof new Sections 1 through 18, 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, shall
have the designated meaning:
BMP
V
CFR
Code of Federal Regulations
CWA
Clean Water Act
FEMA
Federal Emergency Management Agency
ORDINANCE NO. 4980
AN ORDINANCE AMENDING THE 2007 CODE OF
ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY
REPEALING SECTIONS 1 THROUGH 11 OF CHAPTER
4, STORM WATER MANAGEMENT PROGRAM, OF TITLE
8, PUBLIC UTILITIES, AND BY ENACTING NEW
SECTIONS 1 THROUGH 18 OF CHAPTER 4, STORM
WATER MANAGEMENT PROGRAM, OF TITLE 8, PUBLIC
UTILITIES.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO,
IOWA, as follows:
That Chapter 4, Storm Water Management Program, of Title 8,
Public Utilities, in the 2007 Code of Ordinances of the City of
Waterloo, Iowa, is hereby amended to repeal Sections 1 through
11 and to enact in place thereof new Sections 1 through 18, 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, shall
have the designated meaning:
BMP
Best Management Practice
CFR
Code of Federal Regulations
CWA
Clean Water Act
FEMA
Federal Emergency Management Agency
HHW
Household Hazardous Waste
IDNR
Iowa Department of Natural Resources
IDOT
Iowa Department of Transportation
MS4
Municipal Separate Storm Sewer System
NOI
Notice of Intent
NOT
Notice of Termination
NOV
Notice of Violation
NPDES
National Pollutant Discharge Elimination System
NPS
Non -Point Source
NRCS
National Resource Conservation Service
RCRA
Resource Conservation Recovery Act of 1976
SMCRA
Surface Mining Control & Reclamation Act of 1977
SWPPP
Storm Water Pollution Prevention Plan
TMDL
Total Maximum Daily Load
USDA
United States Department of Agriculture
US EPA
United States Environmental Protection Agency
USGS
United States Geodetic Survey
B. The following words, terms and phrases, when used in this
chapter, shall have the meanings ascribed to them in this
subsection, except where the context clearly indicates a
different meaning:
1 -YEAR EVENT: A rainfall, runoff, or flood event having a
one hundred percent (100%) probability of being equaled or
ir,
Ordinance No. 4980
Page 2
exceeded in any given year. 24-hour storm duration is assumed
unless otherwise noted.
2 -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.
10 -YEAR EVENT: A runoff, rainfall, or flood event having a
ten percent (100i) probability of being equaled or exceeded in
any given year. 24-hour storm duration is assumed unless
otherwise noted.
100 -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.
ADVERSE IMPACTS: Any negative impact on plant, soil, air or
water resources affecting their beneficial uses including
recreation, aesthetics, aquatic habitat, quality, and
quantity.
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.
ANIMAL WASTE: See Pet Waste.
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
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Page 3
person, firm or governmental agency intends to carry out
construction of a new development or re -development.
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 (116) probability of being equaled or exceeded in any
given year.
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.
BUILDING OFFICIAL: City official or other designated
authority charged with the administration and enforcement of
the city building codes.
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.
BY-PASS FLOW: Storm water runoff from upstream properties
tributary to a property's drainage system but not under its
control.
CALENDAR QUARTER: Each of the following periods: December
through February, March through May, June through August, and
September through November.
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 chapter.
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.
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 modification does not include the clearing of debris
or removal of trash.
Ordinance No. 4980
Page 4
CITY ENGINEER: The professional engineer registered in the
State of Iowa who is designated as city engineer by the city
council.
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).
CLEARING: Any activity which removes vegetative ground
cover.
COMMERCIAL: Pertaining to any business, trade, industry, or
other activity engaged in for profit.
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.
CONDUIT: Any channel, pipe, sewer or culvert used for the
conveyance or movement of water, whether open or closed.
CONSTRUCTION SITE: Any location where clearing, grading,
filling, paving, construction, or other activity occurs
related to a change or improvement of property.
CONTAMINATED: Containing harmful quantities of pollutants.
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.
CUSTOMER: Any person, property or entity served by and/or
benefiting from the storm water utility's acquisition,
management, maintenance, extension and improvement of the
storm water drainage system and related facilities.
DEPARTMENT: The Iowa Department of Natural Resources (IDNR)
or an authorized representative.
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.
DETENTION TIME: The amount of time storm water is held
within a detention basin.
DEVELOPED PROPERTY: Land that is altered from a natural
state by grading and/or construction activity for the purpose
Ordinance No. 4980
Page 5
of constructing residential, commercial, industrial, or
institutional facilities such that the hydrology of the
property is affected.
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.
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.
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.
DOMESTIC SEWAGE: Sewage originating primarily from kitchen,
bathroom and laundry sources, including waste from food
preparation, dishwashing, garbage grinding, toilets, baths,
showers and sinks.
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).
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.
EARTHWORK: The disturbance of soils on a site associated
with clearing, grading, or excavation activities.
ENFORCEMENT OFFICER: The city engineer or any other
representative that is designated by the city engineer to act
in the place and with the authority of the city engineer.
EROSION: The general process whereby soil or earth is moved
by rainfall, flowing water, wind or wave action.
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.
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.
EXISTING GRADE: The vertical location of the existing ground
surface prior to excavation or filling.
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Page 6
FACILITY: An entity which discharges storm water.
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.
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.
FINAL GRADE: The vertical location of the ground surface
after grading work is completed in accordance with the plans.
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.
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.
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.
GROUNDWATER: Any water residing below the surface of the
ground or percolating into or out of the ground.
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.
HAZARDOUS SUBSTANCE: Any substance listed in Table 302.4 of
40 CFR Part 302.
HAZARDOUS WASTE: Any substance identified or listed as a
hazardous waste by the EPA pursuant to 40 CFR Part 261.
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.
HYDROGRAPH: A graph showing, for a given location on a
stream or conduit, the flow rate with respect to time.
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Page 7
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.
ILLEGAL DISCHARGE: See Illicit Discharge below.
ILLICIT CONNECTION: Any drain or conveyance, whether on the
surface or subsurface, which allow an illicit discharge to
enter the MS4.
ILLICIT DISCHARGE: Any discharge to the MS4 that is
prohibited under this chapter.
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.
INDUSTRIAL WASTE (COMMERCIAL WASTE): Any wastes produced as
a by-product of any industrial, institutional or commercial
process or operation, other than domestic sewage.
INFILTRATION: The passage or movement of water into the
ground.
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.
LOESSAL SOIL: Sediment, commonly non -stratified and
unconsolidated, composed predominately of silt -sized
particles with accessory clay and sand.
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
Ordinance No. 4980
Page 8
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 chapter.
MAJOR DRAINAGE SYSTEM: That portion of a drainage system
needed to store and convey flows beyond the capacity of the
minor drainage system.
MAY: Signifies an act that is discretionary.
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.
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.
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.
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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4): The conveyance
or system of conveyances, including storm sewers, roadways,
roads with drainage systems, catch basins, curbs, gutters,
ditches, constructed channels and storm drains, owned or
operated by the city.
NATURAL: Conditions resulting from physical, chemical, and
biological processes without intervention by man.
NATURAL DRAINAGE: Channels formed in the existing surface
topography of the earth prior to changes made by unnatural
causes.
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.
Ordinance No. 4980
Page 9
NON -STORM WATER DISCHARGE: Any discharge that to the MS4
that is not composed entirely of storm water.
NOTICE OF VIOLATION: A written notice detailing any
violations of this chapter and any action expected of the
violators.
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.
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 or may leave an enclosed
conveyance that is part of the MS4 and enters an open
conveyance that is also part of the MS4.
OWNER: The person who owns a facility, part of a facility,
or land.
PARCEL: A contiguous lot or tract of land under one
ownership. A lot or tract of land is land intended as a unit
for the purpose of use, development or transfer of ownership.
PEAK FLOW: The maximum rate of flow of water at a given
point in a channel or conduit.
PERMITTEE: The city or jurisdiction.
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.
PESTICIDE: A substance or mixture of substances intended to
prevent, destroy, repel, or migrate any pest.
PET WASTE (OR ANIMAL WASTE): Excrement and other waste from
domestic animals.
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.
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.
Ordinance No. 4980
Page 10
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.
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 enjoyment of the water for any lawful or
reasonable purpose.
POSITIVE DRAINAGE: Provision for overland paths for all
areas of a property including depression areas that may also
be drained by storm sewer.
POTABLE WATER: Water that has been treated to drinking water
standards and is safe for human consumption.
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.
PUBLIC IMPROVEMENT PLANS: Engineering drawings subject to
approval by the city engineer for the construction of public
improvements.
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.
RELEASE: To dump, spill, leak, pump, pour, emit, empty,
inject, leach, dispose or otherwise introduce into the storm
drainage system.
RE -DEVELOPED PROPERTY: Developed property that is altered or
expanded by grading and/or construction activity at a time
period following initial construction.
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.
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Page 11
RUBBISH: Solid waste, including ashes, that consists 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).
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.
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).
SEDIMENT: Soil (or mud) that has been disturbed or eroded
and transported naturally by water, wind, gravity, or
equipment tracking (tires, vehicles).
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.
SEPTIC TANK WASTE: Any domestic sewage from holding tanks
such as vessels, chemical toilets, campers, trailers, septic
tanks and aerated tanks.
SHALL: Signifies an act that is mandatory.
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.
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.
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Page 12
SLOPE DISTURBANCE LINE: The line which delineates relatively
level building areas from areas where slopes exceed seven
percent (7°s) and where special precautions must be taken.
SMALL QUANTITY GENERATOR WASTE: Any hazardous waste
generated by a small quantity generator as defined by the US
EPA.
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.
STORM SEWER: A closed conduit for conveying collected storm
water.
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.
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
subsections 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 subsection 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
Ordinance No. 4980
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office buildings and accompanying parking lots, as long as
the drainage from the excluded areas is not mixed with storm
water drained from the above-described areas. Industrial.
facilities (including industrial facilities that are
Federally, State, or municipally owned or operated that meet
the description of the facilities listed in subsections A
through 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, salvage
yards, and automobile junkyards, including but limited to
Ordinance No. 4980
Page 14
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 subsection A to G or I to K of this definition 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 subsections A through J of this
definition.
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,
including but not limited to storm sewers, curbs, street
drains, conduits, lakes, rivers, creeks, other natural or
manmade channels, pipes, culverts and detention ponds.
STORM WATER MANAGEMENT PROGRAM: Overall strategy and plan
for the management of storm water drainage within the city as
Ordinance No. 4980
Page 15
outlined originally in the city's notice of intent dated
March 2003.
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.
STORM WATER RUNOFF: That portion of rainfall that drains
into the storm sewer drainage system.
STORM WATER USER FEE: The periodic rate, fee or charge
levied within the boundaries of the storm water drainage
system district for use in the acquisition, management,
maintenance, extension and improvement of the city's storm
water drainage system and related facilities and otherwise in
carrying out the city's storm water management program. User
fees are based on measurable parameters which influence the
storm water utility's cost of providing services and
facilities, with the most important factor being the amount
of impervious surface area on a parcel of property.
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.
STRIPPING: Any activity which removes the vegetative surface
cover, including trees, by spraying or clearing, and storage
or removal of topsoil.
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.
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.
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.
TRIBUTARY WATERSHED: All of the land surface area that
contributes runoff to a given point.
UNCONTAMINATED: Not containing harmful quantities of
pollutants.
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.
USED OIL: See Used Motor Oil.
Ordinance No. 4980
Page 16
UTILITY AGENCY: Private utility companies,
or contractors working for private utility
departments, engaged in the construction
utility distribution lines and services,
sanitary sewer, storm sewer, electric,
television and communication services.
city departments,
companies or city
or maintenance of
including water,
gas, telephone,
VACANT: Land on which there are no structures or only
structures which are secondary to the use or maintenance of
the land itself.
WASTE WATER: Any water or other liquid, other than
uncontaminated storm water, discharged from a facility.
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.
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.
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; 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.
WATERSHED: All land area drained by, or contributing water
to, the same channel, lake, marsh, storm water facility,
groundwater or area of depression.
WET BASIN: A detention basin designed to maintain a
permanent pool of water after the temporary storage of storm
water runoff.
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
y
Ordinance No. 4980
Page 17
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.
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 chapter 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 chapter and other ordinances adopted
under this chapter 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 chapter 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:
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,
x
Ordinance No. 4980
Page 18
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.
D. The city owns or has legal access for purposes of operation,
maintenance and improvement to those segments of the storm
water drainage system which (1) are located within public
streets, rights of ways and easements; (2) are subject to
easement or other permanent provisions for adequate access
for operation, maintenance and improvement of systems or
facilities; or (3) are located on public lands to which the
city has adequate access for operation, maintenance and
improvement of systems or facilities.
E. Operation, maintenance and improvement of storm water
drainage systems and facilities which are located on private
property or public property not owned by the city, and for
which there has been no public dedication of such systems
and facilities, shall be and remain the legal responsibility
of the property owner or occupant.
Section 8-4-3. General Duties and Authority of the City
Engineer.
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.
a
Ordinance No. 4980
Page 19
A. Administration of the regulations contained in the NPDES
permit and in this chapter.
B. 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.
C. Administration of the accounting, budgeting, record-keeping
and support personnel necessary for the efficient operation
of the storm water management program.
D. 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.
E. Coordinate enforcement of the regulations contained in this
chapter and other ordinances adopted under this chapter with
other city departments.
F. Seek the cooperation of counties and municipalities in
communities adjacent to the city with the goal of reducing
storm drainage system flooding.
G. Cooperate with other affected political jurisdictions in
preparing and implementing master drainage plans.
H. Provide an exchange of information between the public and
city employees on flooding areas and storm water drainage
problems within the city.
I. Perform studies and evaluation required to establish,
maintain and/or modify the storm water management program,
and conduct necessary inspections and tests to assure
compliance with the provisions of this chapter.
J. Require the preservation and enhancement of certain natural
environmental features.
K. Require submittal of appropriate federal, state and local
permitting to perform work within the city limits.
L. Review the installation of drainage improvements in new
developments and in redevelopments.
M. Administration of a program to periodically review erosion
control features placed within new construction sites.
N. 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.
A
Ordinance No. 4980
Page 20
O. Recommend to the city council the establishment, and
periodic adjustment of, storm water user fees.
P. Review and recommend modification to the collection
procedure for storm water user fees.
Q. Hear and consider challenges to the application of this
chapter, the application of other ordinances adopted under
this chapter, and the calculation of storm water user fees.
R. 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.
S. 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, and otherwise
recommend policies to implement the provisions of this
chapter.
T. Except as otherwise provided in this chapter, determine all
matters concerning establishment of billing accounts for
storm water user fees, including but not limited to creating
customer billing accounts that may consist of combining
separate contiguous parcels of property that are under
single ownership, creating master accounts for billing of
user fees when there are multiple property owners on
combined water accounts or in other suitable situations, and
otherwise combining or dividing parcels for fair and
administratively convenient billing.
U. Determine proper classification of a property for billing
purposes and calculate and establish ERUs for properties.
V. In coordination with other city departments, maintain a
complete and accurate record of all storm water drainage
systems and facilities.
W. Construe and interpret this chapter to achieve, to the
extent possible, harmony among its provisions and to carry
out the purposes of this chapter.
Section 8-4-4. City Council Discretion Regarding Improvements to
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
Ordinance No. 4980
Page 21
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
chapter.
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.
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, user fees 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.
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 chapter and all other ordinances adopted
under this chapter, 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. Right of Entry.
The city engineer, or designated representative, bearing proper
credentials and identification, shall be permitted to enter all
private properties at reasonable times for the purpose of
inspection, observation, measurement, sampling and testing all
private storm water discharges directly or indirectly entering
into any public storm water drainage system or facility in
accordance with the provisions of this chapter. If entry is
refused, the city engineer shall have recourse to remedies
provided by law to secure entry.
Section 8-4-7. Establishment of Storm Water User Fees.
A. Every customer whose premises is served by a connection to
the storm water drainage system and facilities, either
directly or indirectly, shall pay user fees to the city for
the purpose of contributing toward the costs of the storm
water management program. The city council may, from time
to time, adopt a separate ordinance to set user fees and to
determine the effective date of such fees. For any property
that becomes subject to payment of a user fee or adds
additional impervious area after the adoption of such
ordinance, billing shall commence after substantial
completion of construction of improvements. For any
1
Ordinance No. 4980
Page 22
property on which a structure is demolished or impervious
area is removed, the property may qualify for a suitable
reduction in user fees. Fees shall be calculated on a
monthly basis and billed to all customers according to the
Waterloo Water Works billing schedule.
B. For purposes this chapter pertaining to storm water user
fees, and for purposes of any separate ordinance adopted by
the city council that establishes specific user fees, the
following definitions shall apply:
COMMERCIAL/INDUSTRIAL: Any developed property on which
retail, office, industrial or manufacturing buildings,
storage buildings and storage areas covered by impervious
surfaces, parking lots, public and private school buildings,
churches, hospitals and convalescent centers have been
constructed.
DWELLING UNIT: A singular unit or apartment providing
complete, independent living facilities for one or more
persons, including provisions for living, sleeping, cooking,
eating, and sanitation.
DUPLEX DWELLING: A building containing only two (2)
dwelling units and designed for and occupied exclusively by
not more than two (2) families. In the application of storm
water user fees, duplex dwelling properties shall be treated
as two (2) single-family dwellings.
EQUIVALENT RESIDENTIAL UNIT (ERU): The average impervious
coverage of a detached dwelling unit property in the city,
as determined by the city. Five thousand (5,000) square
feet of impervious surface area shall be one equivalent
unit. The number of ERUs for each property shall be
calculated by the city engineer based on aerial photography
in use by the city, impervious surface data from an approved
site plan for the property, and/or data obtained during an
appeals process.
MULTIPLE -FAMILY DWELLING: A building or portion thereof
containing more than two (2) dwelling units designed for or
occupied by more than two (2) families. In the application
of storm water user fees, each dwelling unit in a multiple -
family dwelling unit shall be treated as one single-family
dwelling.
RESIDENTIAL: Any developed property on which a single-
family dwelling, duplex dwelling, multiple -family dwelling
or townhome dwelling has been constructed.
SINGLE-FAMILY DWELLING: A building containing only one
dwelling unit and designed for and occupied exclusively for
residence purposes by only one family, including but not
limited to a mobile home.
SUBSTANTIAL COMPLETION: The date that the city has
acknowledged completion of construction in accordance with
Ordinance No. 4980
Page 23
approved plans and specifications through the issuance of a
temporary certificate of occupancy or permanent certificate
of occupancy, a date otherwise determined for purposes of
this chapter by the city engineer or designated
representative, or the date when Waterloo Water Works
establishes an account for a property.
TOWNHOME DWELLING: A dwelling unit which is detached or
attached horizontally, and not vertically, to one or more
other dwelling units, wherein the land or lot beneath each
dwelling may be individually owned in common by a townhome
association. In the application of storm water user fees,
each separate townhome dwelling shall be treated as one
single-family dwelling.
UNDEVELOPED PROPERTY: Land in its unaltered natural state
or which has been modified to such minimal degree as to have
a hydrologic response comparable to land in an unaltered
state. Undeveloped property shall have less than five
hundred (500) square feet of impervious surface area.
Section 8-4-8. Storm Water User Fee Exemptions.
Storm water user fees shall not be imposed on the following
types of property:
A. City, county, state and federal roads, bridges, highways,
streets, rights of way, sidewalks and pathways.
B. All real property owned or operated by the city.
C. Parks and open spaces owned or operated by the county or
state.
D. Railroad track and associated right of way, but not
including any rail yards, buildings, or other paved or
graveled surfaces.
Section 8-4-9. Collection of Storm Water User Fees.
A. Waterloo Water Works is hereby authorized and directed to
render and collect fees in accordance with the fees
established hereunder. Fees shall be collected with the
owner's regular water, sewer and garbage 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 more than 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). Amounts collected for storm water services shall
be deposited with the city.
B. Late charges and penalties as are now or may be hereinafter
established for water, sewer and garbage service bills shall
also apply to storm water user fees. In the event that any
person, firm or corporation shall tender as payment of
water, sewer, garbage and storm water user fees an amount
Ordinance No. 4980
Page 24
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 this code.
Section 8-4-10. Discontinuance of Service.
After giving reasonable notice, Waterloo Water Works may
discontinue water service to any customer who has failed to pay
the amounts due and owing under this chapter and who has not
contested payment thereof in good faith.
Section 8-4-11. Expenditures.
The following are acceptable uses of any user fee revenues or
other funds allocated by the city to the storm water management
program or for storm water drainage systems or facilities. The
following list is not exhaustive.
A. NPDES permit fees.
B. Development of public outreach and education materials.
C. Costs associated with public involvement and participation
related to the storm water management program.
D. Storm water policy development assistance.
E. Illicit discharge detection elimination procedures,
equipment, testing and investigation.
F. Water collection and sampling fees and related equipment.
G. Planning, design, engineering, construction, inspection,
maintenance, operation, and improvement of drainage
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.
H. Construction site and post -construction site plan review and
inspection costs.
I. Staff time related to the storm water management program.
J. Employee training.
K. Costs associated with capital improvements to storm water
drainage systems and facilities.
L. Consulting fees related to the storm water management
program and construction of storm water related projects.
M. Costs associated with watershed assessment.
a
Ordinance No. 4980
Page 25
N. Street sweeping costs.
Section 8-4-12. Appeal of Rates and Errors.
Any customer who believes that the provisions o
have been applied in error, either as
classification, the number of dwelling units, or
ERUs applicable to the property, or who believes
otherwise been an error in billing, may appeal in
forth in this section.
this chapter
to property
the number of
that there has
the manner set
A. Filing Of Appeal: An appeal must be filed in writing with
the city engineer. In the case of appeals relating to the
number of ERUs determined for a property, the appeal shall
include a survey prepared by a licensed Iowa land surveyor
or an Iowa professional civil engineer containing
information on the total property area, the impervious
surface area and any other features or conditions which
influence the hydrologic response of the property to
rainfall events.
B. Review: Using the information provided by the appellant, the
city engineer, or designated representative, shall conduct a
review of the conditions on the property or otherwise review
factors relevant to the appeal and respond to the appeal in
writing within thirty (30) days.
C. Adjustment Of Charge: In response to an appeal, the city
engineer, or designated representative, may correct a
billing error or otherwise adjust the storm water user fee
applicable to a property in conformance with the general
purpose and intent of this chapter.
D. Appeal Of Adverse Decision: A decision of the city engineer,
or designated representative, which is adverse to an
appellant may be further appealed to the city council within
fourteen (14) days of receipt of notice of such decision. An
appeal must be filed in writing with the city clerk, stating
the grounds for the appeal and the relief requested. An
administrative fee, as set forth in a schedule of fees
determined by the city council from time to time, must be
paid when the appeal is filed. Failure to file the appeal
and pay the administrative fee within said fourteen (14)
days shall constitute a waiver of the right to a hearing,
and the decision of the city engineer or designated
representative shall thereupon become final. The city
council or its designated committee shall schedule a public
hearing within twenty (20) days after the filing of the
appeal, and the city clerk shall notify the appellant and
the city engineer of the date, time and place for the appeal
hearing. Notice to the appellant shall be mailed by
ordinary mail. The hearing shall be simple and informal,
without regard to technicalities of procedure or rules
regarding admissibility of evidence. The city council or
designated committee may consider any evidence it considers
credible and give such weight to the evidence as it
considers warranted. The person filing the appeal may be
Ordinance No. 4980
Page 26
represented by counsel at such person's own expense. The
city engineer or designated representative may be
represented by the city attorney or by an attorney
designated by the city council at the city's expense. All
decisions of the city council or its committee shall be
rendered in writing within ten (10) days after the hearing,
or any continued session thereof, and sent to the appellant
by ordinary mail to the billing address of the appellant.
All decisions of the city council or its committee shall be
final.
Section 8-4-13. Prohibited Acts.
In addition to any other act prohibited by this chapter or any
article under this chapter, no person shall do, or allow to be
done, any of the following:
A. Damage Storm Water Management Systems And Facilities:
Maliciously, wilfully or negligently break, damage, destroy,
uncover, deface or tamper with any structure, pipe,
appurtenance or equipment which is part of the storm water
management systems or facilities.
B. Manholes: Open or enter any manhole, structure or intake of
the storm water drainage system, except by authority of the
city engineer.
D. Connection: Connect any private storm water system to the
city's storm water drainage system and facilities, except by
authority of the city engineer.
Section 8-4-14. Enforcement.
A. Violation of any provision of this chapter may be enforced
by issuance of a stop work order or notice of violation 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. A notice of violation shall
specify the violation(s) and shall allow a reasonable time
for correcting the violation to the satisfaction of the
enforcement officer.
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. Each day that a municipal infraction 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 chapter 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.
r
Ordinance No. 4980
Page 27
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 chapter, including necessary monitoring expenses.
E. The remedies listed in this section 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 8-4-15. Nuisance Abatement Procedures.
A. Any event, incident, element or condition constituting a
violation or failure to comply with any requirement of this
chapter or any article under this chapter shall be
considered a threat to public health, safety and welfare and
therefore deemed to be a nuisance. At the option of the
enforcement officer, nuisances shall be processed as a civil
action or in the manner set forth in this section.
B. Except in cases where a nuisance is deemed to constitute an
immediate or imminent threat to life or property, the
enforcement officer shall notify the property owner in
writing before taking action to abate a nuisance. The
written notice shall be delivered by first class mail,
postage prepaid, to the property owner at its last known
address as shown by the records of the county auditor no
less than seven (7) days before the date of mailing. In
addition to mailing, the written notice shall, if possible,
be posted on the property in a conspicuous place. Such
notice shall be dated and shall include the following
information:
1. Name of the property owner;
2. Location and description of the nuisance;
3. Actions that must be taken to abate the nuisance;
4. Deadline by which the required actions must be completed;
5. Amount of administrative and remediation fines, fees, or
costs, if any and if known;
6. Statement that the property owner has a right to appeal
the notice in accordance with the procedures set forth in
this chapter; and
7. Statement that, if the property owner fails to take
required action within the stated deadline, the work may
be done by the city at the property owner's expense.
}
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Ordinance No. 4980
Page 28
C. If the property owner does not abate the nuisance as
required by the notice, the enforcement officer may enter
upon the subject property and take measures necessary to
abate the nuisance. 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 purposes of
abating a nuisance.
D. If any nuisance is deemed to be an immediate or imminent
threat to life or property, the enforcement officer may
order the nuisance abated without advance written notice to
the property owner and opportunity for appeal. As promptly
as practicable, the enforcement officer shall notify the
property owner in writing of the nuisance and action taken
to abate the nuisance.
Section 8-4-16. Nuisance Appeal Procedures.
A. Except as set forth in paragraph B below, any person ordered
to abate a nuisance may appeal the notice. The appeal must
be filed in writing with the city clerk within fourteen (14)
days of the notice date unless the notice states a shorter
time for filing an appeal, which in any event shall be not
less than seven (7) days from the notice date. An
administrative fee, as set forth in a schedule of fees
determined by the city council from time to time, must be
paid when the appeal is filed. Failure to file the appeal
and pay the administrative fee within said fourteen (14)
days shall constitute a waiver of the right to a hearing.
The written appeal shall specify the action appealed from,
the errors allegedly made that give rise to the appeal, and
the relief requested. Appeals shall be heard by the city
council or a committee designated by the city council. The
city clerk shall notify the person filing the appeal and the
enforcement officer of the date, time and place for the
appeal hearing. Notice shall be mailed to the person filing
the appeal by ordinary mail. The hearing shall be scheduled
for a date within twenty (20) days after the filing of the
appeal, unless the person filing the appeal requests an
extension of not more than fourteen (14) days. The hearing
shall be simple and informal, without regard to
technicalities of procedure or rules regarding admissibility
of evidence. The city council or designated committee may
consider any evidence it considers credible and give such
weight to the evidence as it considers warranted. The
intent of this paragraph is to promote the prompt and speedy
resolution of disputes. The person filing the appeal may be
represented by counsel at such person's own expense. The
enforcement officer may be represented by the city attorney
or by an attorney designated by the city council at city
expense. The decision of the city council or designated
committee shall be rendered in writing within ten (10) days
after the hearing, or any continued session thereof, and may
be appealed to the Iowa district court as provided by law.
B. If a person exercised a right of appeal with respect to a
bill of particulars under section 8-4B-5, section 8-4B-6, or
,y w
Ordinance No. 4980
Page 29
section 8-4C-6, such person shall have no additional right
of appeal pursuant to this section 8-4-16.
Section 8-4-17. Payment or Assessment of Costs.
A. Costs incurred by the city to abate a nuisance shall
include, but are not limited to, sums paid to a third party
for services provided in abating the nuisance, the salaries
and benefits earned by city employees engaged in abating the
nuisance, a reasonable charge for city machinery or
equipment used, and such other reasonable costs and expenses
as may have been incurred.
B. After action to abate a nuisance has been completed, the
city shall send to the property owner an itemized written
statement of nuisance abatement costs and related fees and
charges. The written statement shall be sent by ordinary
mail to the property owner at its last known address as
shown by the records of the county auditor no less than
seven (7) days before the date of mailing. The statement
shall be immediately due and payable and shall become
delinquent if not paid within fourteen (14) days after the
date of the statement.
C. A person who has been charged nuisance abatement costs may
file an appeal in writing with the city clerk within
fourteen (14) days of the statement date. An administrative
fee, as set forth in a schedule of fees determined by the
city council from time to time, must be paid when the appeal
is filed. Failure to file the appeal and pay the
administrative fee within said fourteen (14) days shall
constitute a waiver of the right to a hearing, and the
statement shall thereupon become final. Appeals shall be
heard by the city council or a committee designated by the
city council. The city clerk shall notify the person filing
the appeal and the enforcement officer of the date, time and
place for the appeal hearing. Notice shall be mailed to the
person filing the appeal by ordinary mail. The hearing
shall be scheduled for a date within twenty (20) days after
the filing of the appeal, unless the person filing the
appeal requests an extension of not more than fourteen (14)
days. The hearing shall be simple and informal, without
regard to technicalities of procedure or rules regarding
admissibility of evidence. The city council or designated
committee may consider any evidence it considers credible
and give such weight to the evidence as it considers
warranted. The intent of this paragraph is to promote the
prompt and speedy resolution of disputes. The person filing
the appeal may be represented by counsel at such person's
own expense. The enforcement officer may be represented by
the city attorney or by an attorney designated by the city
council at city expense. After such hearing, the city
council or designated committee shall determine whether the
amount of the assessment should be affirmed, reduced, or
waived. The decision shall be rendered in writing within
ten (10) days after the hearing, or any continued session
thereof, and may be appealed to the Iowa district court as
Ordinance No. 4980
Page 30
provided by law. If the amount of the assessment is reduced
by over half or waived, the appeal filing fee shall be
refunded to the person who filed the appeal.
D. All cost and expense of the city in abating a nuisance, and
all other related fees and charges, shall, if and to the
extent not paid, constitute a lien against the property and
shall be assessed against the property pursuant to Iowa Code
§ 364.12 for collection in the same manner as a property
tax.
Section 8-4-18. Severability.
The provisions of this chapter are hereby declared to be
severable. If any provision, clause, sentence, or paragraph of
this chapter 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 chapter.
INTRODUCED:
December
7,
2009
PASSED 1ST CONSIDERATION:
December
7,
2009
PASSED 2ND CONSIDERATION:
December
14,
2009
PASSED 3RD CONSIDERATION:
December
14,
2009
PASSED AND ADOPTED by the City Council of the City of
Waterloo, Iowa, on the 14th day of December, 2009, and approved
by the Mayor on the 16th day of December, 2009.
Tim Hurley, Mayor
ATTEST:
Carol Failor, Deputy City Clerk
CERTIFICATE
I, Carol Failor, Deputy City Clerk, of the City of Waterloo,
Iowa, do hereby certify that the preceding is a true and complete
copy of Ordinance No. 4980, as passed and adopted by the Council
of the City of Waterloo, Iowa, on the 14th day of December, 2009.
Witness my hand and seal of office this 16th day of December,
2009.
Ja�jo'-
SEAL Carol Failor, Deputy City Clerk