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HomeMy WebLinkAbout04/28/2014 Council Work Session April 28, 2014 4:40 p.m. Waterloo Center for the Arts, Law Court Theater Roll Call. Approval of Agenda, as proposed or amended. 4:40 p.m. Stormwater Management Ordinance revisions—Submitted by Eric Thorson, P.E., City Engineer. ADJOURNMENT Suzy Schares, CMC City Clerk/Human Resource Director " Formatted This Ordinance prepared by Suzy ScharesNancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. ORDINANCE NO. 4897 AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY STRIKING IN ITS ENTIRETY ADDING ARTICLE B, CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL, OF CHAPTER 4, STORM WATER MANAGEMENT PROGRAM, OF TITLE 8, PUBLIC UTILITIES, AND BY SUBSTITUTING THEREFOR A NEW ARTICLE B. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That Article B, Construction Site Erosion and Sediment Control, of Chapter 4, Storm Water Management Program, of Title 8, Public Utilities, is hereby stricken in its entirety, and a new Article B is hereby enacted as follows: TITLE 8 CHAPTER 4 STORM WATER MANAGEMENT PROGRAM ARTICLE B. CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL Section 8-4B-1. Findings. A. The U.S. EPA's National Pollutant Discharge Elimination System ("NPDES") permit program ("Program") administered by the Iowa Department of Natural Resources ("IDNR") requires certain persons engaged in construction activities to submit an application to the IDNR for a State NPDES General Permit No. 2 ("State Permit") . Notwithstanding any provision of this chapter, every permit Applicant bears final and complete responsibility for compliance with a State NPDES Ccncral Permit No. 2 and any other requirement of state or federal law or administrative rule. B. As a condition of the eCity's Municipal Separate Storm Sewer System (MS4) Permit, the eCity is obliged to undertake primary supervisory responsibility for administration and enforcement of the Program by adopting a Construction Site Erosion and Sediment Control ordinance. In furtherance of this objective: 1. any person, firm, sole proprietorship, partnership, corporation, state agency or political subdivision (each an "Applicant") required by law or administrative rule to apply to the IDNR for a State NUDES Ccncral Permit No. 2 shall apply for such permit and shall submit a Storm Water Pollution Prevention Plan ("SWPPP") to the City Engineer for approval. comment(Psl]:Addlargy apply to the City Engineer for approval of a Storm Water Pollution Prevention Plan ("SWPPP") . For purposes of this article, an Applicant includes but is not limited to a Secondary Applicant, and each Secondary Applicant is subject to all provisions of Ordinance No. 4897 Page 2 this article that are applicable to an Applicant unless otherwise expressly stated. The Applicant shall not submit the Notice of }Intent for said State Permit No. 2 until the City Engineer has reviewed the SWPPP for completeness and for compliance with the State NPDES General Permit No. 2 and City requirements. Before beginning construction activities at the project site, the appli ant shall pr nt to the city engineer a capy of the authorization issued by the IDNR. --{Comment[Ps2]:Moved to8-4e-3A for clarity J' 2. 2, the licensed professional engineer, registered architect, registered landscape architect Engineer, a licensed profes.,ional land surveyor, construction contractor, or any other person deemed qualifiede--prepare a SWPPP in accordance with good "Applicant's Engineer") for tThe Applicant shall have --{Comment[PS3]:Movetos4e-2Eforclarity primary responsibility for the SWPPP design, inspection, monitoring and enforcement procedures required to promote Applicants' compliance with the State NPDES General Permit No. 2 requirements and the GWPPP for said site, but other persons may perform the SWPPP design, installation, inspection, and monitoring under the oversight of the Applicant' . Engineer. 2-3. A State NPDES General Permit No. 2 and SWPPP are not required for construction sites with an area of disturbed land that is less than one (1) acre, provided such land is not part of a permitted larger common plan of development. However, it issuggcsted recommended that the owner implement erosion control measures as described in the brochure "City of Waterloo Best Management Practices for Single Lots", available upon request at the City Engineer's office and the City Building Department. Notwithstanding the foregoing, the City desires to provide limited storm water oversight of all construction sites and for such purposes a local Construction Site Runoff permit shall be required for stormwater discharges from all construction sites as identified in 8-4B-7(A) , even if otherwise exempted from State Permit and SWPPP requirements. - Comment[PS4]:Stateappticability to sites under one acre,refer to CSR permit section for small site C. No state or federal funds have been made available to eqn ement assist the eCity in administering and enforcing the Program. Accordingly, the eCity may choose to fund its application, inspection, monitoring and enforcement responsibilities in whole or in part by fees imposed on Applicants for permits that may be required hereunder, with such fees to be determined from time to time by resolution of the eCity eCouncil, and/or other sources of funding established by a separate ordinance. Section 8-4B-2. Definitions. A. Terms or acronyms used in this article shall, unless defined in this article, have the meanings given to them in section 8-4-1 of this chapter. B. As used in this article, the term "City Engineer" includes any other representative of the City Engineer's Ordinance No. 1897 Page 3 office that is designated by the City Engineer to act in the place and with the authority of the City Engineer. As so defined, the City Engineer is also referred to in this article as the "Enforcement Officer." C. As used in this article, the term "Applicant" also includes any person that has had a State NPDEG CencralPermit No. 2 issued to it, including but not limited to a Secondary Applicant. D. As used in this article, the term "Secondary Applicant" means any Applicant that is the transferee of responsibility under the State NPDES General Permit No. 2 and a SWPPP with respect to a single lot that was, as to any predecessor Applicant, part of a larger common plan of housing development. E. As used in this article, the term "Applicant's Engineer" means a licensed professional engineer, registered architect, registered landscape architect, licensed professional land surveyor, construction contractor, or any other person as expressly and specifically approved by the City Engineer who is deemed qualified to prepare a SWPPP in accordance with good engineering practices. F. lAs used in this article, the term "CSR Permit" means a permit issued by the City Engineer as provided in Section 8-4B-7 for all construction sites from which a discharge of stormwater is possible. {Comment[PS5]:Define the new CSR permit G. 'As used in this article, the term "SWPPP Manager" means a person qualified by sufficient knowledge of SWPPP design and implementation and of applicable regulations to perform the inspection, monitoring, enforcement and reporting necessary to comply withrc;uircd b1 the State NPDES General Permit, No. 2 SWPPP requirements and eCity regulations as applicable. The SWPPP mManager, unless otherwise specified in writing by the a-Applicant, shall serve as the point of contact for the City Engineer for all matters pertaining to SWPPP compliance for the site. _----- comment[P56]:DefinethesWPPPmanager, this is the person who is specified in the SWPPP as -H. As used in this article, the term "State Permit" means a hepontof ontac who hecitywlldea wih nde event of noncompliance � State NPDES General Permit No. 2 issued by IDNR. Section 8-4B-3. Submission and Approval of Storm Water Pollution Prevention Plan and Other Documents. A. No person shall begin work on any site that is subject to a State NPDES Ccncral Permit No. 2 until the City Engineer has approved the SWPPP compliance with this Section 8 4B 3, approval of a SWPPP by the city, and approval of a State NPDES Ccncral Pcrmit No. 2 Notice of Intent by t e IDNR the Applicant is in possession of a State NPDES Ccncral Permit No.2 authorization letter.' ---{Comment[P57]:State permit now requires that construction not proceed until the authorization letter B. An Applicant in p000cecion of a State NPDES Ccncral match received. Thisupda es he city regulations to match Permit No. 2 issued by the IDNR shall submit to the eCity complete copies of the materials described below, and any and all supporting calculation:,: Ordinance No. 4897 Page 4 1. All Applicant' s plans, specifications, calculations, and supporting materials utilized to develop the Applicant's SWPPP; 2. t'he Notice of Intent and the IDNRState NPDES Ccncral Permit No. 2 letter of authorization. Applicant's $hef° -a: e_s issued pursuant e-Applicant s State NPDES General Permit No. 2; The eApplicant may elect to submit its their SWPPP and supporting documentation for review prior to receipt of the IDNR letter of authorization, however, final approval of the SWPPP cannot be granted by the City Engineer until the letter of authorization is received.-; [and comment[PS8]:we can't issue a final SWPPP approval without the authorization letter,but typically 3. AThe SWPPP shall be prepared in accordance with this people ill submit while they arewaitingforthis paperwork to come back from the state to get the chapter. Every SWPPP submitted to the eCity: review gomg. This allows for that. a. shall comply with all current minimum mandatory requirements for SWPPPs promulgated by the IDNR in connection with issuance of a State NPDES Ccncral Permit No. 2, as set out in the current version of the IDNR publication entitled, "Iowa Department of Natural Resources NPDES General Permit No. 2, Storm Water Discharge Associated with Industrial Activity for Construction Activities", (the "Permit Handbook") including, but not limited to, "Part IV. Storm Water Pollution Prevention Plans," and as said minimum mandatory requirements are modified from time to time hereafter; and b. shall, if the Applicant is required by law to file a Joint Application Form, Protecting Iowa Waters, Iowa Department of Natural Resources and U.S. Army Corps of Engineers, comply with all mandatory minimum requirements pertaining to such joint application;-, and copies of the joint Aapplication permit shall be included within the SWPPP; and Comment[P59]:Requires that paperwork fo 4041i permits be included in the SWPPP. The 404 permit C. shall comply with all other applicable state or is for placement of fill or dredged material into public waters(such as temporary stream crossings),since federal permit requirements in existence at the this is a source of potential pollution,this infonnation time of application; and should be incorporated into the SWPPP as per GP2 riles d. shall be prepared by the Applicant's Engineer and shall include within the SWPPP a signed and dated certification by the Applicant's Engineer that the SWPPP complies with all requirements of this chapter. e. shall require the signature(s) identified in Section 8-4B-1 (B) (1) upon the following certification: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the Ordinance No. 4897 Page 5 information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. f. shall also contain the following certification signed by all contractors and subcontractors identified in the SWPPP: I certify under penalty of law that I understand the terms and conditions of the general National Pollutant Discharge Elimination System (NPDES) permit that authorizes the storm water discharges associated with activity from the construction site as part of this certification. Further, by my signature, I understand that I am becoming a co-permittee, along with the owner(s) and other contractors and subcontractors signing such certifications, to the Iowa Department of Natural Resources NPDES General Permit No. 2 for "Storm Water Discharge Associated with Industrial Activity for Construction Activities" at the identified site. As a co- permittee, I understand that I, and my company, are legally required under the Clean Water Act and the Code of Iowa, to ensure compliance with the terms and conditions of the storm water pollution plan developed under this NPDES permit and the terms of the NPDES permit. The certification must include the name and title of the person providing the signature; the name, address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification is made. g. Shall include the aApplicant' s signed written statement required by subsection 8-4B-3 (B) (3) (f) . _-- Comment[PS10]:ln the event that the applicant is the project owner and not a contractor,they must C. A Secondary Applicant shall submit to the City complete also provide aoertincaeon copies of the materials described below: 1. The document by which the predecessor Applicant transferred compliance responsibility under the StateNPDE8 Ccncral Permit No. 2. 2. All information or documents required by the CSR Permit application form as provided in (Section 8- ---- comment[PS11]:Allowseornexibitirytorevise 4 B--7 (A) (B) ab ovc. required documentation as needed to maintain compliance without D. In addition to the SWPPP requirements stated in Section 8-4B-3 (B) and 8-4B-3 (C) above which constitute minimum mandatory requirements imposed by the Program, every 1 SWPPP submitted to the eCity shall comply with Statewide Ordinance No. 1897 Page 6 Urban Design and Specifications (SUDAS) standard design criteria, the Iowa Construction Site Erosion Control Manual, or other standards approved by the City Engineer, as such Manual, SODAS, and other standards may be revised or amended from time to time, including but not limited to design, location, and phased implementation of effective, practicable storm water pollution prevention measures, and shall also: 1. identify the nature of the construction activity and the potential for sediment and other pollutant discharges from the site; and 2. assure that stockpiles of soil or other materials subject to erosion by wind or water are covered, vegetated, or otherwise effectively protected from erosion and sedimentation in accordance with the amount of time the material will be on site and the manner of its proposed use; no overnight stockpiling is allowed in the street unless approved in advance by the City Engineer, and subject to such conditions for approval as may be stated by the City Engineer; and Comment[as12]:Previously,ordinance stated that stockpiling was not allowed in the street, 3. assure that, until work on the site has been however,in some cases where construction is completed, all construction waste materials to put it. in thefoor those speere cial circumstances cumstanther ce p (including to put rt. This allowsfa those special circumstances but not limited to all scrap and debris) shall be l while still providing oversight. disposed of at the end of each working day in a dumpster of appropriate size and shall not be stockpiled on the site unless in a covered and enclosed structure or trailer; that dumpsters on site are inspected periodically for leaks and promptly repaired or replaced if found to be leaking; and that dumpsters are emptied by regular waste collection methods before dumpsters overflow; and 4. identify measures and procedures to reasonably minimize site soil compaction and provide soil quality restoration as specified and estimated runoff coefficient after the project is complete; and 5. assure disposal of all collected sediment and floating debris; and 6. identify methods to prevent sediment damage to adjacent properties and sensitive environmental areas such as water bodies, plant communities, rare, threatened and/or endangered species habitat, wildlife corridors, greenways, etc.; and 7. provide for design and construction methods to stabilize steep or long continuous slopes; and,- 8. include measures to control the quantity and quality of storm water leaving a site before, during and after construction; and 9. provide for stabilization of all waterways and outlets; and- 10. protect storm sewer infrastructure from sediment loading and/or plugging; and 1 Ordinance No. 1897 Page 7 11. specify precautions to be taken to contain sediment whe rJu pia er a 'esspn� sir aee waters e` tre State of Iowa; and 112. utility construction areas, an noon as possible and in no event later than seven (7) calendar days after the area is no longer actively being worked; and - comment[min Eliminate city requirement in favor of less stringent state requirement lassure stabilization of disturbed areas, including utility construction areas, as soon as possible and in no event later than the time frames established by the current State Permitfourtccn (14) calendar days after_ _ - Comment[P514]:eegneha emporaty the area in no longer actively being worked if the stabilization be completed m keeping with state area is not intended to be worked for a least twenty requirements This allows us to adjust to stare rules without requiring ordinance changes each tune. one (21) calendar daya; and 12.protect outlying roads from sediment and mud from construction site activities, including preventing tracking; and 13.assure that all temporary erosion and sediment controls shall not be removed until the eCity has determined that the site has been permanently stabilized with 70% perennial cover compliance with the State Permit or according to IDNR Notice of ---- Comment[P515]:Specifythatfma stabitiaation dDiscontinuation; and requirement be held in keeping with state requirement. Again,this allows us to adjust to state rules as required without formal ordinance revisions J 14. specify precautions to be taken to contain sediment when working in or crossing surface waters, including but not limited to surface waters located solely on the project property; of the State of Iowa; and 15. assure that when working near (surface waters of the State of Iowa, including but not limited to surface waters located solely on the project property, ithe --- comment[Psis]:wehadpreviouslyreferenoed '' specific practices itemized immediately below are waters of the State of Iowa,Iowa State Code utilized: 455B.171 states that all surface waters are waters of the state,this is to clarify the term. a. during construction: i. all exposed soil areas with a slope of 3:1 or steeper, and that have a continuous positive slope to a surface water if the State of Iowa, shall have temporary erosion protection or permanent cover within three (3) days after the area is no longer actively being worked; [andel-r other slopes that have a continuous positive serge to a water of the Star f u, n protection or permanent cove actively being worked, and ---{Comment[PS17]:Separated and moved to item (u ii. all other slopes that have a continuous positive slope to a surface water should have temporary erosion protection or permanent cover within seven (7) days after the area is no longer actively being worked. ; and temporary sediment Ordinance No. 1897 Page 8 be-sin requirements shall be constructed in aeee-danee— th the State NPDE No. 2; all cupport444g alculations for the basin • }}_be—s sbmitted—€e €he e' y; and Comment[PS18]:Moved tot6 as this requirement applies to all sites of 10 or more acres I b. buffer zone: Reserved. regardless of surface waters 16. •im une€ eee€€ eient a€€e die p eje is complete; assure that required temporary sediment basins shall be constructed in accordance with the State NPDES Ccncral Permit No. 2; all supporting calculations for the basin sizing criteria and outlet channel sizing and velocity shall be submitted to the City; and 17. assure that all hazardous materials are properly used, stored, and disposed of. E. Performance Security: Reserved. F. The Applicant shall also submit a signed written statement to the city which states as follows: The undersigned Applicant hereby agrees to defend, indemnify and hold the City of Waterloo harmless from any and all claims, damages or suits arising directly or indirectly out of any act of commission or omission by the Applicant, or any employee, agent, assignee or contractor or subcontractor of the Applicant, in connection with Applicant's State NPDES General Permit No. 2 and/or Storm Water Pollution Prevention Plan. The city shall send written notification to the Applicant Applicant's Engineer [of the approval of the Applicant's -__ --- Comment[PS39]:Reviewprocessisabackmd I SWPPP within ten (10) business days following the forth between the city engineer's office and the Applicant's completed submission of all documents and rppects Iliafact engineer who isw writing heSWPP$ his reflects that fact information required under this section, unless the city has provided to the Applicant's Engineer a written bill of particulars identifying non-complying elements of the SWPPP application. The eCity shall not issue approval of the Applicant's SWPPP until such non-complying elements of the SWPPP application have been corrected, and until the SWPPP application complies with the Applicant's State NPDES Ccncral Permit No. 2, the requirements of this chapter, and all other applicable laws and regulations, federal, state, and local. If the Applicant's SWPPP is for a single lot located in a larger common plan of housing development, the City's processing time shall be reduced from ten (10) business days to five (5) business days. G,H. The Applicant or Applicant's SWPPP Manager Applicant' s Engineer shall retain a copy of the approved SWPPP, all required SWPPP inspections and reporting documents, and State NPDES Ccncral Permit No. 2 on site or at a readily available and disclosed alternative site so said Comment[PS20]:The SWPPP is to be retained documents can be provided for inspection no later than ' on site or at a readily available off-site location and made available for inspection as per state twenty four (24) hours three (3) hours after request. requirement,reference thes ate requirement so that pin keeping with the requirements of the eState pPermit.'', we can adjust to changes without formal ordinance revisions Ordinance No. 4897 Page 9 I. The eCity's review of an Applicant's SWPPP is not a determination as to the effectiveness of the controls selected by the Applicant. J. For so long as a construction site is subject to a State NPDES Ccncral Permit No. 2, the Applicant or Applicant's SWPPP Manager shall promptly provide the eCity with current information as follows: 1. 'The name, address and telephone number of the SWPPP Manager Applicant' s Engineer and any other person on site designated by the owner Applicant or the Applicant's SWPPP Manager who is knowledgeable and experienced in erosion and sediment control and who will oversee compliance with the State NPDES Ccncral Permit No. 2 and the SWPPP; and — comment PS21 :Should the '•[ ] party responsible for SWPPP compliance change over the course of 2. The name(s) , address (es) and telephone number(s) of mnplementa on change he city must be no fled. the contractor(s) and/or subcontractor(s) that will implement each erosion and sediment control measure identified in the SWPPP. The above said information shall be provided to the City within seventy-two (72) hours of the change of or addition of personnel, contractors or subcontractors. 1 _---- eomment[Ps22]:Pmvideatimelinefor notification to make this enforceable Applicant's or Applicant's SWPPP Manager's failure to provide current information shall constitute a violation of this article. l-rK. , 'he aApplicant or Applicant's SWPPP Manager shall amend the SWPPP from time to time as required by the eState NUDES gCcncral pPermit nNo. 2, which generally shall be whenever there is a change in design, construction, operation or maintenance which has a significant effect on the potential for the discharge of pollutants to the waters of the United States and which has not been addressed in the SWPPP, or if the SWPPP proves to be ineffective in eliminating or significantly minimizing po-llutants from sources identified in the SWPPP, or in otherwise achieving the general objectives of controlling pollutants in storm water discharge associated with industrial activity for construction activities. The Applicant or Applicant's SWPPP Manager shall also expediously update the SWPPP to include:- site changes with changes identified on the site map; contractors identified after the submittal of the Notice of Intent; changes in ownership or transference of permit and permit responsibilities; or, if required, occurrences of hazardous conditions. The applicant shall also amcad the -- comment[V523]:GP2requiresthattheSWPPP SWPPP Uc requested by t c city engineer from time to timc bea'living document'which is kept up to date with changes m site condition,or SWPPP implementation. This is an attempt to clarify what changes necessitate NUDES general permit no. 2. an update Section 8-4B-4. Transfer and Termination of State NPDES General Permits and Storm Water Pollution Prevention Plan Obligations. A. The owner of real property that is the subject of a State NUDES Ccncral Permit No. 2 may transfer responsibility 1 Ordinance No. 4897 Page 10 under the owner's SWPPP to one or more transferees of all or part of such property in the same manner that responsibility for compliance with a Statean NPDEO Ccncral Permit No. 2 can be transferred pursuant to 567 Iowa Admin. Code § 64.6(6) , or any similar successor provision. Such an owner is a "Transferor". Each transferee must agree to the transfer in writing and must agree to fulfill all obligations of the State NPDE; Ccncral Permit No. 2 and the SWPPP, including submission of a statement signed by the transferee as provided for in section 8-4B-3 (E) above. The Transferor shall file _with the office of the City Engineer a copy of all documents filed with IDNR in connection with transfer of responsibility under the State NPDES Ccncral Permit No. 2 to each such transferee, and a copy of each such transferee's agreement to fulfill all obligations of the SWPPP. Absent ouch written confirmation of transfer of obligations that includes all documents set forth above in this paragraph, the Transferor remains responsible for compliance with the SWPPP on any property that has been sold, conveyed, or otherwise transferred. B. All documents and information required by the IDNR to be filed to terminate the State NPDES Ccncral Permit No. 2 must be filed by the Transferor concurrently with the office of the City Engineer. 1The City Engineer must confirm stabilization and removal of temporary control measures as required by Section 8-4B-5(G) before a Notice of Discontinuation can be filedThio shall only after the - Comment[PS24]:Post-constructioninspections cCity has confirmed ttabilizatien as specified in 8 413 must be completed to confirm that the site has met all 5G. Upon submission of said materials to the eCity, the out raga emmats prior othe pe mit being closed m eCity shall have thirty (30) days in which to request additional information from the Transferor before the SWPPP shall be deemed terminated. C. To facilitate a transferee's compliance with this article as a Secondary Applicant, the Transferor shall also deliver to the transferee concurrently with the filings required by Section 8-4B-4 (B) above a copy of the 1 Transferor's Notice of Intent, State NPDES pPermit number, SWPPP public notification, and SWPPP. Section 8-4B-5. Inspection Procedures. A. All inspections undertaken by the eCity under this article shall be conducted by the Enforcement Officer. B. Prior to beginning construction, the Applicant or Applicant's SWPPP Manager shall contact the City to schedule a pre-construction site inspection. The Enforcement Officer shall inspect the permitted site to determine that, at minimum, the control measures listed in the SWPPP that allow for construction to commenceT have been properly installed. The applicant' Engineer _ --- comment[PS25]:Requirepre-constmetion 1 shall notify the city when all measures required by inspections prior to the start of construction toensure �fpl eant s SWPPP-# bee aeeemplishe2� en s± E he that minimum controls have been implemented Y compliance. If the Enforcement Officer determines that compliance has not been achieved, the Enforcement Officer shall provide to the Applicant a written bill of particulars identifying the conditions of non-compliance. Ordinance No. 1897 Page 11 The Applicant shall immediately commence corrective action and shall complete such corrective action within forty eight (48) houra Ithe time frame allotted by the Enforcement Officer in his discretion, but not exceeding seventy-two (72) hours upon rcccipt of receiving the. _ --{Comment[PS26]:change 48 hour requirement For good cause 1 to72m keeping with state requirements shown, the eCity may extend the deadline for taking corrective action. Failure to take corrective action in a timely manner shall constitute a violation of this article. C. Construction shall not occur on any area of the site that the Enforcement Officer has designated at any time while conditions of non-compliance that have been identified by the Enforcement Officer continue to exist. D. Construction activities undertaken by an Applicant before resolution of all discrepancies specified in the bill of particulars, if undertaken in an area designated by the Enforcement Officer as a prohibited area, shall constitute a violation of this article. E. The eCity shall not be responsible for the direct or indirect consequences to the Applicant or to third- parties for non-compliant conditions that were undetected by inspection or that were undetected because the eCity, in operating its program of random inspections, did not inspect the property. F. The Applicant, the Applicant's SWPPP Manager or a qualified person designated by the Applicant's SWPPP ManagerdeoLgnec thereof 'c Engineer shall inspect the permitted site, as well as any transferred sites ,rhich Comment[Psz7]:stiputatewhocanperforrnthe 1 the Applicant is a co-permittee of, no less than once weeklymspections,can be the SWPPP manager ore every seven (7) calendar days. Reports generated by qualified designee,t he'engineer'seldom performs these inspections these site inspections shall be included within and deemed to be part of the SWPPP. Any deficiencies or Comment[PS28]•In the event of a shared permit (homebuilding in a permitted subdivision),either the needed modifications discovered during the inspections developer or the homebuilder can do the inspections. The party who will be responsible is in the shall be noted in writing, and corrections or modifications shall be completed within seven (7) csR permit calendar days following the inspection. and shall make _-. --- Comment[PS29]:SWPPPinspectionsmustbe -avail able— e the-n-Ys•€ercement Off eeg' a Fd E' `t 7'1—� cp• added to the SWPPP es they are completed about site opnditiet=rs--within two (2) bu incse days of the Enforcement Officer' s requcut.I -- Comment[Ps30]:Required tobeavailable within 3 hours as per state regulations G. Before a Notice of Discontinuation of the State NPDEO -Permit No. 2 can be submitted to the IDNR, the Applicant or the Applicant's SWPPP Manager,- shall contact the City to schedule a post-construction site inspection. The Enforcement Officer shall inspect the permitted site to determine that the all disturbed areas have achieved 7D4 ate -stabilization as required by the State Permit and all temporary control measures have been removed. If the Enforcement Officer determines that stabilization has not been achieved, or temporary control measures need to be removed, the Enforcement Officer shall provide to the Applicant or the Applicant's SWPPP Manager a written bill of particulars identifying the conditions of non-compliance. The Applicant or Applicant' s SWPPP Manager shall immediately commence corrective action and shall reschedule a post- Ordinance No. 1897 Page 12 construction inspection with the City when the required corrective actions have been completed. 'A Statc NPDES ---- Comment[as3i]:providedetaiiabom Ccncral Permit No. 2 and SWPPP arc not required for requirements of a post-construction inspection F less—that enema-}-)acre, ~,�e eh , - F a larger common plan of development. Ilowever, it is suggested that the owner implement erosion control measures as described in the brochure "City of Waterloo Best Management Practices for Single Lots" available upon request at the City Engineer's office and the city building department. {Comment[P532]:Stated elsewhere Section 8-4B-6. Monitoring Procedures. A. Upon SWPPP approval and receipt issuance of a State NPDES General Permit No. 2, thean Applicant ander- the Applicant's SWPPP Manager haves an absolute duty to monitor site conditions and to report to the Enforcement Officer any change of circumstances or site conditions which the Applicant or the Applicant's SWPPP Manager knows or should know pose a risk of storm water discharge in a manner inconsistent with Applicant's SWPPP or State NPDES General Permit No. 2. Examples of conditions that require notification includeare, but are not limited to: (1)- i4hazardous material spills, (2)- failure of site perimeter BMPs, -(3)- Pdischarge of polluted waters from the site into the MS4— or onto neighboring properties,- or nearby surface waters, . Rainfall in an amount over one half ( '2)ineb w'th'n a 2 hear per'od, as measures by an on sitestandard rain 7 In the event that or (4) proposed implementation of BMPs on site thatshall deviate significantly from the BMPs proposed in the approved SWPPP, the applicant or appli :nt' s SWPPP manager shall notify the cCity of the proposed change., prior to installation.. - Comment[PS33]:Upon receipt of authorization, the applicant or their SWPPP manager must begin monitoring the site in keeping with state regulations, and must notify the city of any significant change in site condition in keeping with those items specified here. Rainfall event inspections are no longer required by the state. Ordinance No. 4897 Page 13 1. Such rcport shall be made available by the Such report.----{Formatted:section start:New page shall be submittedggiven Applicant to the Enforcement Comment[v534]: the of a reportable Officer within twenty four (24) hours of the change of incidrnt as stated above,,notifyy t the he city within 24 circumstances or site conditions. hours 2. Failure to make a timely report shall constitute a violation of this article. B. Any third party may also report to the eCity site conditions, which the third party reasonably believes pose a risk of storm water discharge in a manner inconsistent with Applicant's SWPPP or State NPDDS Ccncral Permit No. 2. C. Upon receiving a report pursuant to Section 8-4B-6(A) above, the Enforcement Officer may conduct an inspection and thereafter shall provide the Applicant or the Applicant's SWPPP Manager with a written bill of particulars identifying any conditions of non-compliance. The Applicant or the Applicant's SWPPP Manager shall immediately commence corrective action and shall complete such corrective action within forty eight (48) hours lthe time frame allotted by the Enforcement Officer in his discretion, but not exceeding seventy-two (72) hoursupon p Comment[PS35]:Roll back to 72 hour state For good requirement cause shown, the eCity may extend the deadline for completing corrective action. Failure to take corrective action in a timely manner shall constitute a violation of this article, whereupon the Enforcement Officer shall immediately commence enforcement actions specified in Section 8-4B-7.8. D. Upon receiving a report from a third party pursuant to Section 8-4B-6(B) above, the Enforcement Officer may conduct an inspection of the site as soon as reasonably possible and thereafter shall provide the Applicant or the Applicant's SWPPP Manager with a written bill of particulars identifying any conditions of non-compliance. The Applicant or Applicant's SWPPP Manager shall immediately commence corrective action and shall complete such corrective action within forty eight (18) hours the time frame allotted by the Enforcement Officer in his discretion, but not exceeding seventy-two (72) hours-men rccc'pt of rccciving the bill of particulars. For good cause shown, the eCity may extend the deadline for completing corrective action. Failure to take corrective action in a timely manner shall constitute a violation of this article, whereupon the Enforcement Officer shall immediately commence enforcement actions specified in Section 8-4B-48. Ordinance No. 4897 Page 14 E. The Enforcement Officer may conduct one or more {Formatted:Section start:New page unannounced inspections at any time during the course of construction to monitor compliance with the State NPDEC General Permit No. 2 and the SWPPP land the approved SWPPPf. If the inspection discloses any non-compliance, ..--{comment[PS38]:siteshowdmotorlycomply I the Enforcement Officer shall provide the Applicant or with the state requirement,but should be the Applicant's SWPPP Manager with a written bill of l implemented nacwrdaneaw hsubmitted plans particulars identifying the conditions of non-compliance. The Applicant or the Applicant's SWPPP Manager shall immediately commence corrective action and shall complete such corrective action within forty eight (48) hour;, the time frame allotted by the Enforcement Office in his discretion, but not exceeding seventy-two (72) hours upon roc 'pt of receiving the bill of particulars. For good cause shown, the eCity may extend the deadline for completing corrective action. Failure to take corrective action in a timely manner shall constitute a violation of this article, whereupon the Enforcement Officer shall immediately commence enforcement actions specified in Section 8-4B-8R- below. F. The eCity shall not be responsible for the direct or indirect consequences to the Applicant or to third- parties for non-compliant conditions that were undetected by inspection or that were undetected because the eCity, in operating its program of random inspections, did not inspect the property. Section 8-4B-7. Construction Site Runoff (CSR) Permits. A. (All construction sites requiring coverage under a State Permit, as well as other activities requiring building permits for new residential or new commercial construction, shall obtain a CSR Permit from the City Engineer. Issuance of the CSR Permit requires that the Applicant submit a completed City of Waterloo CSR Permit Application form and submit a site plan identifying BMPs, building, parking and driveway footprint, and direction of flow for site runoff. Sites that must provide a SWPPP as required by a State Permit need not submit a separate site plan for their CSR Permit. I -- comment[vs37]:specify who needs aCSR permit,this will be all state permitted sites and any B. Sites a PP y g 1 in for a CSR Permit that are not subject to a new commerc al aresidenta building permits State Permit shall meet the following requirements: 1. Submit a CSR Permit application and related documents as described in Section 8-4B-7 (A) above. 2. Implement and maintain BMPs sufficient to prevent the discharge of pollutants from the site in conformity with the requirements described in Section 8-4B-3(D) , paragraphs 2-3 and 5-17. 3. Contact the City Engineer for a preconstruction inspection prior to commencing land disturbing activities and provide access to the Enforcement Officer as needed to determine compliance with rules set forth in article 8-4A and this article. 4. Keep plans current and provide notification to the City Engineer within seventy-two (72) hours of the Ordinance No. 4887 Page 15 change or addition of personnel, contractors or subcontractors, or of a substantial change of site conditions as described in Section 8-4B-3(K) . 5. Contact the City Engineer for a post-construction inspection once the site has reached 70% uniform coverage with perennial vegetation or equivalent stabilization and all temporary erosion control • measures have been removed. _-- Comment Ps35 :Specify- [ ] what is required of city-permitted sites which do not require state permit C. SR Permits issued t0 sites covered by a State Permit coverage. Essentially,this will require pollution prevention controls but will not require some of the shall remain valid until such time as the State Permit administrative permit components such as the weekly authorization expires or thirty (30) days after a Notice inspections of Discontinuation is submitted to the IDNR and the City Engineer. If the State Permit is renewed prior to expiration, the Applicant must provide proof of re- authorization to the City Engineer. Failure to provide proof of re-authorization shall be considered a violation of this article. In the event that a State Permit is suspended, the CSR Permit shall automatically expire, and the Applicant must thereafter reapply for a CSR Permit before resumption of permitted activities. State Permit discontinuation or suspension is subject to a post- construction inspection., . -- Comment[P$39]:For sites with state permits, city permits will be set to expire or the permit is D. SR Permits issued to sites not covered by a State Permit discontinued(plus 30 day city review period). The pernittee shall provide the city with documentation shall expire one (1) year from the date of CSR Permit should their state permit be renewed so that the city issuance. If construction has not been completed before permit can be extended Ifthe state permit is the date the CSR Permit expires, the Applicant shall suspended forany reason,the city permit will expire and shall be renewed prior to work resuming on the renew the permit. Failure to renew the permit shall be aitc. considered a violation of this article. Closure of a CSR Permit is subject to a post-construction inspection. Comment[vsao]:For sites without state permits, l • the permit shall be valid for one year,if the work is not completed by the end of that period the permit Section 8-4B-�-8. Enforcement. must be renewed. Closure requires a post- construction inspection as with all other sites. A. Violation of any provision of this article may be enforced (i) by issuance of a stop work order by the Enforcement Officer, (ii) by suspension of building permit inspections until the deficient condition is remedied, for (iii) by civil action, administrative or comment[vsai]:shoddnoncomplianoebe judicial, including but not limited to an action for documented on a site,the enforcement officer has the injunctive relief. A stop work order shall specify the authority to place a hold on further building • inspections until compliance is reached_ violation(s) and shall remain in effect until the deficient condition has been remedied. B. Violation of any provision of this article shall constitute a municipal infraction under this code. A person may be cited for subsequent violations as additional violations are discovered or as SWPPP control elements fail. Each day that a municipal infraction occurs or is permitted to exist constitutes a separate offense. C. In addition to the enforcement processes and penalties provided herein, any condition caused or permitted to exist in violation of any of the provisions of this article shall be considered a threat to public health, safety, and welfare, and is declared and deemed a nuisance. This nuisance may be summarily abated or remedied at the violator's expense. Ordinance No. 1897 Page 16 D. In addition to any fine or penalty set forth in a schedule of violations adopted by the eCity, as amended thereafter from time to time, the eCity may recover all attorneys' fees, court costs and other expenses associated with enforcement of this article, including necessary monitoring expenses. E. The remedies listed in this article are not exclusive of any other remedies available under any applicable federal, state or local law. It is within the discretion of the Enforcement Officer to seek cumulative remedies if necessary. Enforcement pursuant to this section shall be undertaken by the Enforcement Officer upon the advice and consent of the eCity aAttorney. Section 8-9B-94. Appeal. A. Administrative decisions by eCity staff and enforcement actions of the Enforcement Officer may be appealed by the Applicant to the eCity eCouncil pursuant to the following rules: 1. The appeal must be filed in writing with the eCity eClerk within twenty (20) business days of the decision or enforcement action. 2. The written appeal shall specify in detail the action appealed from, the errors allegedly made by the Enforcement Officer giving rise to the appeal, and the relief requested. Ordinance No. 4897 Page 17 3. The Enforcement Officer shall specify in writing the {Formatted:Section start: New page reasons for the enforcement action, a written summary of all oral and written testimonythe Enforcement cement Officer intends to introduce at the hearing, including the names and addresses of all witnesses the Enforcement Officer intends to call, and copies of all documents Enforcement Officer intends to introduce at the hearing. 4. The eCity eClerk shall notify the Applicant and the Enforcement Officer by ordinary mail, and shall give public notice in accordance with Iowa Code Chapter 21 of the date, time and place for the regular or special meeting of the eCity eCouncil at which the hearing on the appeal shall occur. The hearing shall be scheduled for a date not less than four (4) nor more than twenty (20) days after the filing of the appeal, unless the Applicant requests an extension of not more than fourteen (14) days. The intent of this paragraph is to promote the prompt and speedy resolution of disputes. The rules of evidence and procedure, and the standard of proof to be applied, shall be the same as provided by Iowa Code Chapter 17A. The Applicant may be represented by counsel at the Applicant's expense. The Enforcement Officer may be represented by the eCity eAttorney or by an attorney designated by the eCity eCouncil at city expense. I B. The decision of the eCity eCouncil shall be rendered in writing and may be appealed to the Iowa District Court as provided by law. I Section 8-43-104. Severability. The provisions of this article are hereby declared to be severable. If any section, provision, clause, sentence, paragraph or part of this ordinance or the application thereof to any person, establishment, or circumstance shall be held invalid or unconstitutional, such adjudication shall not affect the other provisions or applications of this article. INTRODUCED: January 28, 2008 PASSED 15t CONSIDERATION: January 28, 2008 PASSED 2nd CONSIDERATION: January 28, 2008 PASSED 3rd CONSIDERATION: January 28, 2009 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 28l' day of 20143January, 2008, and approved by the Mayor on the day of , 20143January, 2008. Ernest G. ClarkTim Hurlcy, Mayor ATTEST: 1 Ordinance No. 4897 Page 18 1 Suzy ScharesNancy Eckert, CMC City Clerk CERTIFICATE I, Suzy ScharesNancy Eckcrt, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 4897 as passed and adopted by the Council of the City of Waterloo, Iowa, on the &&t . day of , 20143January, 2008. Witness my hand and seal of office this 38 ' day of , 20143January, 2008. SEAL Suzy Schares anc Eckcrt,c CMC ..--- {Formatted:Font color:Red,Strikethrough City Clerk PS1: Rewording for clarity. PS2:This item states that the state permit authorization must be received prior to the start of construction. This was moved to 8-4B-3A where we discuss what is required for the SWPPP documentation. PS3: This item was essentially providing a definition for the term "applicant's engineer", as such it was assigned its own item in the definitions section. PS4 page 2: Stipulate applicability for sites under one acre by referencing the CSR permit section in 8-4B- 7 (A) PS5: This provides the definition for the CSR permit, again referencing the permit section in 8-4B-7 PS6 page 3: Provides definition for SWPPP manager. The SWPPP manager is the individual specified in the permit application as the responsible party for SWPPP compliance. This person will be our contact for enforcement activity. PS7: This statement was added to meet requirements of most recent state permit requirements. Previously, the applicant could assume coverage once their application was received by the state, now they are required to wait until the authorization is received. PS8 page 4:While we can't officially approve the SWPPP until the permit authorization is received. The engineer's will usually submit a rough draft of the SWPPP to get the ball rolling on review before it is issued. This statement is to allow for that process. PS9:The application described here is the form for a 404 permit, which is a permit from the Army Corp for placement of fill or dredge materials in waters of the U.S or direct tributaries to them. Since this is a source of potential pollution, state regulations require that it be included in the SWPPP. P510: Since the applicant may be the project owner and not prime contractor, this statement was inserted to ensure that the applicant must provide certification. PS11:This is meant to ensure that a homebuilder working within a permitted subdivision completes their own CSR Form. We aren't hard-coding the contents of the CSR form into the ordinance so that we can make revisions as needed from time-to-time to maintain compliance and in response to situations encountered in the field. PS12 page 6: The ordinance had previously read that no stockpiling was allowed in the street, however, there are some situations where it is necessary for this to occur. As long as it's cleaned up at the end of the working day it's usually not an issue, if it is to be left there for a longer period of time, additional controls may be needed. P513—14 page 7:The city previously had a requirement that any areas which are to be left untouched for more than 7 calendar days needed to be stabilized no later than the 7th day, however, this is far more stringent than the state's 21/14 day rule. We are rolling our requirement back to match that of the state. PS15: We are taking out the hard language of percent of establishment and simply stating that it must meet state requirements. Again, this way we don't have to change our ordinance every time the state modifies their requirements. PS16 page 7: Previously we had referenced the 'waters of the state', which is a bit vague, specified here that the rules apply when working near surface waters. State definition of'waters of the state' includes all surface waters regardless of whether they reside on public or private property. This simply clarifies the term. PS17:This section given its own item PS18: Sediment basins are required for all sites larger than 10 acres regardless of their position relative to surface waters. This part was therefore taken out of 15 and placed in 16 to reflect its scope. PS19:Typically, we deal with the party that is acting as the applicant's engineer during the review process, very seldomly does the applicant personally write their own SWPPP, so we are changing this to bring it in line with the review process. PS20 page 8: In keeping with state permit requirements, the plans and associated documentation are to be kept on site if a trailer or other enclosure are available, otherwise they are to be kept at a designated SWPPP location and made available within 3 hours of request, again, we did away with the hard numbers and specified simply that they comply with state requirements. We did away with applicant's engineer since they are usually not involved with the day to day compliance, added the comment about including reporting documents, and specified that it must be kept in the disclosed location. This location is specified in the submitted plans. PS21 page 9: We sometimes run into problems with a contractor passing responsibility off to another contractor,then when we get involved with any compliance activities there is a back and forth about who is going to resolve things. This requires that the SWPPP manager identified in the application document retains responsibility until such time as written notice is provided detailing a change. PS22: Provides a timeline for notification of a change in responsibility. This is to allow for enforcement. PS23:The state permit requires that the permittee shall 'expeditiously' update SWPPP documentation whenever there is a change to the site. This section specifies this requirement and provides information on what types of changes would require plan update. PS24 page 10:This clarifies and codifies the need for post-construction inspections for sites prior to permit closure. Post construction inspections are used to confirm that the site has been finally stabilized in keeping with permit requirements. PS25 page 10:This clarifies and codifies the need for pre-construction inspections for sites prior to earth-disturbance. These inspections are done to confirm that site controls are in place as detailed in the plans before construction begins. PS26:Stipulate 72 hour window to reach compliance in keeping with state regulations. PS27-30:This paragraph discusses the weekly site inspections that must be completed in keeping with IDNR regulations. It specifies that the applicant, their SWPPP manager or a qualified designee of the SWPPP manager can perform the site inspections in keeping with comment 28, comment 29 is intended to allow for some flexibility in the case of individual homebuilding sites within permitted subdivisions. Since the developer and the homebuilder are co-permittees under state law, either can do the inspections. The responsible party will be identified in the CSR application. Comment 30 requires that these inspections be incorporated into the SWPPP as they are completed and comment 31 requires that they be made available upon request in keeping with state regulations. PS31 page 12: This goes into further detail about what will be done for post-construction inspections. We are requiring that all construction activities be completed and the site is stabilized, with temporary controls removed. In the event that it doesn't meet the requirements for closure we will provide them with a list of items needing addressed. PS32:This paragraph was eliminated because it was already stated elsewhere. PS33—34 page 12:8-4B-6A states that once the authorization is received, the applicant or SWPPP manager must begin monitoring procedures as required by state law, and that they are required to notify the city in the event of an incidence of non-compliance, it goes into detail about what events would require notification. Comment 35 requires that this report be submitted within 24 hours of the incident. PS35: Roll back compliance deadline to match state requirement. P536 page 14:This addition is meant to address sites not complying with their submitted plans. I wanted to have something in the ordinance to point to when people make significant changes to site controls without prior approval. PS37 page 14:8-4B-7A details who needs to apply for a city CSR permit, we will be requiring this for all permits which require a state permit, as well as new residential or commercial building permits. PS38 page 15:8-4B-7B details what is required by the city permit for sites which do not need state coverage. They will be required to submit the CSR application form, be required to implement controls as needed to prevent runoff, be required to obtain pre and post-construction inspections, and be required to notify the city of changes in management or condition of the site. They will not be required to conduct or document weekly inspections as are required by state permit. PS39 page 15: Details the expiration and renewal requirements for city permits on GP2 sites. They will be written to be valid for the length of the obtained state permit, and can be renewed upon written confirmation that the state permit coverage has been extended. If the state permit is suspended, the city permit shall expire and require renewal prior to resumption of work. PS40 page 16: For sites which will not require a state permit, the city permit will be valid for 1 year from its date of issuance, but may be renewed as needed. Closure will require a post-construction inspection. PS41 page 16:This adds another tool for enforcement. This is essentially a step behind stop-work order. A hold will be placed on further building inspections until issues of non-compliance are resolved. 37. "Water of the state" means any 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.