HomeMy WebLinkAbout5218-5 /19/2014Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo,
715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323.
ORDINANCE NO. 5218
AN ORDINANCE AMENDING THE 2007 CODE OF
ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY
STRIKING IN ITS ENTIRETY 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 CITY 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 Permit and any other requirement of state or federal
law or administrative rule.
B. As a condition of the City's Municipal Separate Storm Sewer
System (MS4) Permit, the City is obliged to undertake
primary supervisory responsibility for administration and
enforcement of the Program by adopting a Construction Site
Erosion and Sediment Control ordinance. In furtherance of
this objective:
1. Any person, firm, sole proprietorship, partnership,
corporation, state agency or political subdivision
(each an "Applicant") required by law or
administrative rule to apply to the IDNR for a State
Permit shall apply for such permit and shall submit a
Storm Water Pollution Prevention Plan ("SWPPP") to the
City Engineer for approval. For purposes of this
article, an Applicant includes but is not limited to a
Secondary Applicant, and each Secondary Applicant is
subject to all provisions of this article that are
applicable to an Applicant unless otherwise expressly
Ordinance No. 5218
Page 2
stated. The Applicant shall not submit the Notice of
Intent for said State Permit until the City Engineer
has reviewed the SWPPP for completeness and for
compliance with the State Permit and City
requirements.
2. The Applicant shall have primary responsibility for
the SWPPP design, inspection, monitoring and
enforcement procedures required to promote Applicants'
compliance with the State Permit for said site, but
other persons may perform the SWPPP design,
installation, inspection, and monitoring under the
oversight of the Applicant.
3. A State Permit 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 larger common plan of development. However,
it is 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.
C. No state or federal funds have been made available to
assist the City in administering and enforcing the Program.
Accordingly, the City may choose to fund its application,
inspection, monitoring and enforcement responsibilities in
whole or in part by fees imposed on Applicants for permits
that may be required hereunder, with such fees to be
determined from time to time by resolution of the City
Council, and/or other sources of funding established by a
separate ordinance.
Section 8-4B-2. Definitions.
A. Terms or acronyms used in this article shall, unless
defined in this article, have the meanings given to them in
section 8-4-1 of this chapter.
B. As used in this article, the term "City Engineer" includes
any other representative of the City Engineer's office that
is designated by the City Engineer to act in the place and
with the authority of the City Engineer. As so• defined,
the City Engineer is also referred to in this article as
the "Enforcement Officer."
C. As used in this article, the term "Applicant" also includes
any person that has had a State Permit issued to it,
including but not limited to a Secondary Applicant.
Ordinance No. 5218
Page 3
D. As used in this article, the term "Secondary Applicant"
means any Applicant that is the transferee of
responsibility under the State Permit 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. As 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.
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 with the State Permit, SWPPP
requirements and City regulations as applicable. The SWPPP
Manager, unless otherwise specified in writing by the
Applicant, shall serve as the point of contact for the City
Engineer for all matters pertaining to SWPPP compliance for
the site.
H. As used in this article, the term "State Permit" means a
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 Permit until the City Engineer has approved the SWPPP
and the Applicant is in possession of a State Permit
authorization letter.
B. An Applicant shall submit to the City complete copies of
the materials described below:
1. All plans, specifications, calculations, and
supporting materials utilized to develop the
Applicant's SWPPP;
2. The Notice of Intent and the State Permit letter of
authorization. The Applicant may elect to submit its
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
3. The SWPPP shall be prepared in accordance with this
chapter. Every SWPPP submitted to the City:
Ordinance No. 5218
Page 4
a. Shall comply with all current minimum mandatory
requirements for SWPPPs promulgated by the IDNR
in connection with issuance of a State Permit, 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
application permit shall be included within the
SWPPP; and
c. Shall comply with all other applicable state or
federal permit requirements in existence at the
time of application; and
d. Shall be prepared by the Applicant's Engineer and
shall include within the SWPPP a signed and dated
certification by the Applicant's Engineer that
the SWPPP complies with all requirements of this
chapter.
e. Shall require the signature(s) identified in
Section 8 -4B -1(B)(1) upon the following
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 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:
Ordinance No. 5218
Page 5
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 Applicant's signed written
statement required by subsection 8-4B-3(B)(3)(f).
C. A Secondary Applicant shall submit to the City complete
copies of the materials described below:
1. The document by which the predecessor Applicant
transferred compliance responsibility under the State
Permit.
2. All information or documents required by the CSR
Permit application form as provided in Section 8 -4B -
7(A).
-4B -
7(A).
D. In addition to the SWPPP requirements stated in Section 8-
4B -3(B) and 8 -4B -3(C) above which constitute minimum
mandatory requirements imposed by the Program, every SWPPP
submitted to the City shall comply with Statewide Urban
Design and Specifications (SUDAS) standard design criteria,
the Iowa Construction Site Erosion Control Manual, or other
standards approved by the City Engineer, as such Manual,
SUDAS, and other standards may be revised or amended from
time to time, including but not limited to design,
location, and phased implementation of effective,
practicable storm water pollution prevention measures, and
shall also:
Ordinance No. 5218
Page 6
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
3. Assure that, until work on the site has been
completed, all construction waste materials (including
but not limited to all scrap and debris) shall be
disposed of at the end of each working day in a
dumpster of appropriate size and shall not be
stockpiled on the site unless in a covered and
enclosed structure or trailer; that dumpsters on site
are inspected periodically for leaks and promptly
repaired or replaced if found to be leaking; and that
dumpsters are emptied by regular waste collection
methods before dumpsters overflow; and
4. Identify measures and procedures to reasonably
minimize site soil compaction and provide soil quality
restoration as specified and estimated runoff
coefficient after the project is complete; and
5. Assure disposal of all collected sediment and
floating debris; and
6. Identify methods to prevent sediment damage to
adjacent properties and sensitive environmental areas
such as water bodies, plant communities, rare,
threatened and/or endangered species habitat, wildlife
corridors, greenways, etc.; and
7. Provide for design and construction methods to
stabilize steep or long continuous slopes; and
8. Include measures to control the quantity and quality
of storm water leaving a site before, during and after
construction; and
9. Provide for stabilization of all waterways and
outlets; and
10. Protect storm sewer infrastructure from sediment
loading and/or plugging; and
11. Assure 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 Permit; and
Ordinance No. 5218
Page 7
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 City has
determined that the site has been permanently
stabilized in compliance with the State Permit or IDNR
Notice of Discontinuation; and
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; and
15. Assure that when working near surface waters,
including but not limited to surface waters located
solely on the project property, the specific practices
itemized immediately below are utilized:
a. During construction:
i. All exposed soil areas with a slope of 3:1
or steeper, and that have a continuous
positive slope to a surface water, shall
have temporary erosion protection or
permanent cover within three (3) days after
the area is no longer actively being worked;
and
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.
b. Buffer zone: Reserved.
16. Assure that required temporary sediment basins shall
be constructed in accordance with the State Permit;
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
indemnify and hold the City of
from any and all claims, damages
directly or indirectly out of any
or omission by the Applicant,
agent, assignee or contractor or
the Applicant, in connection with
agrees to defend,
Waterloo harmless
or suits arising
act of commission
or any employee,
subcontractor of
Applicant's State
Ordinance No. 5218
Page 8
NPDES General Permit No. 2 and/or Storm Water
Pollution Prevention Plan.
G. The city shall send written notification to the Applicant's
Engineer of the approval of the Applicant's SWPPP within
ten (10) business days following the submission of all
documents and 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. The City shall not issue approval
of the Applicant's SWPPP until such non -complying elements
of the SWPPP have been corrected, and until the SWPPP
complies with the Applicant's State Permit, the
requirements of this chapter, and all other applicable laws
and regulations, federal, state, and local. If the
Applicant's SWPPP is for a single lot located in a larger
common plan of housing development, the City's processing
time shall be reduced from ten (10) business days to five
(5) business days.
H. The Applicant or Applicant's SWPPP Manager shall retain a
copy of the approved SWPPP, all required SWPPP inspections
and reporting documents, and State Permit on site or at a
readily available and disclosed alternative site so said
documents can be provided for inspection in keeping with
the requirements of the State Permit.
I. The City's review of an Applicant's SWPPP is not a
determination as to the effectiveness of the controls
selected.
J. For so long as a construction site is subject to a State
Permit, the Applicant or Applicant's SWPPP Manager shall
provide the City with current information as follows:
1. The name, address and telephone number of the SWPPP
Manager and any other person on site designated by the
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
Permit; and
2. The name(s), address(es) and telephone number(s) of
the contractor(s) and/or subcontractor(s) that will
implement each erosion and sediment control measure
identified in the SWPPP.
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. Applicant's or
Applicant's SWPPP Manager's failure to provide current
information shall constitute a violation of this article.
K. The Applicant or Applicant's SWPPP Manager shall amend the
SWPPP as required by the State Permit, which generally
shall be whenever there is a change in design,
construction, operation or maintenance which has a
significant effect on the potential for discharge of
pollutants to the waters of the United States and which has
Ordinance No. 5218
Page 9
not been addressed in the SWPPP, or if the SWPPP proves to
be ineffective in eliminating or significantly minimizing
pollutants 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.
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
Permit may transfer responsibility under the owner's SWPPP
to one or more transferees of all or part of such property
in the same manner that responsibility for compliance with
a State Permit 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 Permit 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
Permit to each such transferee, and a copy of each such
transferee's agreement to fulfill all obligations of the
SWPPP. Absent 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 Permit must be filed by the
Transferor concurrently with the office of the City
Engineer. The 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
filed. Upon submission of said materials to the City, the
City 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 Transferor's Notice
of Intent, State Permit number, SWPPP public notification,
and SWPPP.
Ordinance No. 5218
Page 10
Section 8-4B-5. Inspection Procedures.
A. All inspections undertaken by the City 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 commence have been
properly installed. If the Enforcement Officer determines
that compliance has not been achieved, the Enforcement
Officer shall provide to the Applicant a written bill of
particulars identifying the conditions of non-compliance.
The Applicant shall immediately commence corrective action
and shall complete such corrective action within the time
frame allotted by the Enforcement Officer in his
discretion, but not exceeding seventy-two (72) hours. For
good cause shown, the City 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 City shall not be responsible for the direct or
indirect consequences to the Applicant or to third -parties
for non-compliant conditions that were undetected by
inspection or that were undetected because the City, in
operating its program of random inspections, did not
inspect the property.
F. The Applicant, the Applicant's SWPPP Manager or a qualified
person designated by the Applicant's SWPPP Manager shall
inspect the permitted site, as well as any transferred
sites which the Applicant is a co -permittee of, no less
than once every seven (7) calendar days. Reports generated
by these site inspections shall be included within and
deemed to be part of the SWPPP. Any deficiencies or needed
modifications discovered during the inspections shall be
noted in writing, and corrections or modifications shall be
completed within seven (7) calendar days following the
inspection.
G. Before a Notice of Discontinuation of the State Permit 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
Ordinance No. 5218
Page 11
disturbed areas have achieved 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 -construction inspection with the City
when the required corrective actions have been completed.
Section 8-4B-6. Monitoring Procedures.
A. Upon receipt of a State Permit, the Applicant and the
Applicant's SWPPP Manager have 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 State Permit. Examples of
conditions that require notification include, but are not
limited to: (1) hazardous material spills, (2) failure of
site perimeter BMPs, (3) discharge of polluted waters from
the site into the MS4 or onto neighboring properties or
nearby surface waters, or (4) proposed implementation of
BMPs on site that deviate significantly from the BMPs
proposed in the approved SWPPP.
1. Such report shall be submitted to the Enforcement
Officer within twenty four (24) hours of the change of
circumstances or site conditions.
2. Failure to make a timely report shall constitute a
violation of this article.
B. Any third party may also report to the City site
conditions, which the third party reasonably believes pose
a risk of storm water discharge in a manner inconsistent
with Applicant's State Permit.
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 the time frame allotted by
the Enforcement Officer in his discretion, but not
exceeding seventy-two (72) hours. For good cause shown,
the City may extend the deadline for completing corrective
action. Failure to take corrective action in a timely
manner shall constitute a violation of this article,
whereupon the Enforcement Officer shall immediately
commence enforcement actions specified in Section 8-4B-8.
D. Upon receiving a report from a third party pursuant to
Section 8 -4B -6(B) above, the Enforcement Officer may
Ordinance No. 5218
Page 12
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 the time frame allotted by
the Enforcement Officer in his discretion, but not
exceeding seventy-two (72) hours. For good cause shown,
the City may extend the deadline for completing corrective
action. Failure to take corrective action in a timely
manner shall constitute a violation of this article,
whereupon the Enforcement Officer shall immediately
commence enforcement actions specified in Section 8-4B-8.
E. The Enforcement Officer may conduct one or more unannounced
inspections at any time during the course of construction
to monitor compliance with the State Permit and the
approved SWPPP. If the inspection discloses any non-
compliance, the Enforcement Officer shall provide the
Applicant or the Applicant's SWPPP Manager with a written
bill of 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 the time frame
allotted by the Enforcement Office in his discretion, but
not exceeding seventy-two (72) hours. For good cause
shown, the City may extend the deadline for completing
corrective action. Failure to take corrective action in a
timely manner shall constitute a violation of this article,
whereupon the Enforcement Officer shall immediately
commence enforcement actions specified in Section 8-4B-8
below.
F. The City shall not be responsible for the direct or
indirect consequences to the Applicant or to third -parties
for non-compliant conditions that were undetected by
inspection or that were undetected because the City, in
operating its program of random inspections, did not
inspect the property.
Section 8-4B-7. 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.
B. Sites applying for a CSR Permit that are not subject to a
State Permit shall meet the following requirements:
Ordinance No. 5218
Page 13
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
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 70o uniform
coverage with perennial vegetation or equivalent
stabilization and all temporary erosion control
measures have been removed.
C. CSR Permits issued to sites covered by a State Permit shall
remain valid until such time as the State Permit
authorization expires or thirty (30) days after a Notice 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.
D. CSR Permits issued to sites not covered by a State Permit
shall expire one (1) year from the date of CSR Permit
issuance. If construction has not been completed before
the date the CSR Permit expires, the Applicant shall renew
the permit. Failure to renew the permit shall be
considered a violation of this article. Closure of a CSR
Permit is subject to a post -construction inspection.
Section 8-4B-8. Enforcement.
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, or (iii) 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.
Ordinance No. 5218
Page 14
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.
D. In addition to any fine or penalty set forth in a schedule
of violations adopted by the City, as amended thereafter
from time to time, the City may recover all attorneys'
fees, court costs and other expenses associated with
enforcement of this article, including necessary monitoring
expenses.
E. The remedies listed in this article are not exclusive of
any other remedies available under any applicable federal,
state or local law. It is within the discretion of the
Enforcement Officer to seek cumulative remedies if
necessary. Enforcement pursuant to this section shall be
undertaken by the Enforcement Officer upon the advice and
consent of the City Attorney.
Section 8-4B-9. Appeal.
A. Administrative decisions by City staff and enforcement
actions of the Enforcement Officer may be appealed by the
Applicant to the City Council pursuant to the following
rules:
1. The appeal must be filed in writing with the City
Clerk within twenty (20) business days of the decision
or enforcement action.
2. The written appeal shall specify in detail the action
appealed from, the errors allegedly made by the
Enforcement Officer giving rise to the appeal, and the
relief requested.
3. The Enforcement Officer shall specify in writing the
reasons for the enforcement action, a written summary
of all oral and written testimony the Enforcement
Officer intends to introduce at the hearing, including
the names and addresses of all witnesses the
Enforcement Officer intends to call, and copies of all
documents Enforcement Officer intends to introduce at
the hearing.
4. The City Clerk shall notify the Applicant and the
Enforcement: Officer by ordinary mail, and shall give
public notice in accordance with Iowa Code Chapter 21
of the date, time and place for the regular or special
Ordinance No. 5218
Page 15
meeting of the City Council at which the hearing on
the appeal shall occur. The hearing shall be scheduled
for a date not less than four (4) nor more than twenty
(20) days after the filing of the appeal, unless the
Applicant requests an extension of not more than
fourteen (14) days. The intent of this paragraph is
to promote the prompt and speedy resolution of
disputes. The rules of evidence and procedure, and
the standard of proof to be applied, shall be the same
as provided by Iowa Code Chapter 17A. The Applicant
may be represented by counsel at the Applicant's
expense. The Enforcement Officer may be represented
by the City Attorney or by an attorney designated by
the City Council at city expense.
B. The decision of the City Council shall be rendered in
writing and may be appealed to the Iowa District Court as
provided by law.
Section 8-4B-10. 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:
PASSED lst CONSIDERATION:
PASSED 2nd CONSIDERATION:
PASSED 3rd CONSIDERATION:
PASSED AND ADOPTED this
ATTEST:
i
Suzy Sc , CMC
City CArk
May 5, 2014
May 5, 2014
May 12, 2014
May 19, 2014
19th day of May, 2014.
rnest LGClark, Mayor
CERTIFICATE
I, Suzy Schares, City Clerk of the City of Waterloo, Iowa,
do hereby certify that the preceding is a true and complete copy
of Ordinance No. 5218 as passed and adopted by the City Council
of the City of Waterloo, Iowa, on the 19th day of May, 2014.
Witness my hand and seal of office this 19th day of May,
2014. /
SEAL Suzy Sch4res, CMC
City Cle k