HomeMy WebLinkAbout2021-06-30-204B1
CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL (COSESCO)
§204B.01 Purpose.
1.1. The U.S. EPA’s National Pollutant Discharge Elimination System (“NPDES”)
permit program (Program) administered by the Iowa Department of Natural
Resources (“IDNR”) requires that cities meeting certain demographic and
environmental impact criteria obtain from the IDNR an NPDES permit for the
discharge of storm water from a Municipal Separate Storm Sewer System (MS4)
(MS4 Permit). The City of Waukee is subject to the Program and is required to
obtain, and has obtained, an MS4 Permit. The City’s MS4 Permit is on file at the
office of the City Clerk and is available for public inspection during regular office
hours.
1.2. The Program requires certain individuals engaged in construction activities
(applicant or applicants) to submit an application to the IDNR for a State NPDES
General Permit #2. Notwithstanding any provision of this ordinance, every
applicant bears final and complete responsibility for compliance with a State
NPDES General Permit #2 and any other requirement of state or federal law or
administrative rule.
1.3. As a condition of the City’s MS4 Permit, the City will perform periodic
monitoring and primary enforcement of the Program by adopting a
CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL
ORDINANCE (COSESCO) designed to achieve the following objectives:
1.3.1. Any person, firm, sole proprietorship, partnership, corporation,
state agency or political subdivision (“applicant”) required by law
or administrative rule to apply to the IDNR for a State NPDES
General Permit #2 shall be subject to the terms of the COSESCO;
and
1.3.2. The City will perform periodic monitoring and initiate enforcement
procedures when appropriate to promote applicants’ compliance
with State NPDES General Permits #2.
1.4. No state or federal funds have been made available to assist the City with
monitoring and/or enforcing the Program. Accordingly, the City shall fund its
monitoring and enforcement responsibilities entirely by fees imposed on the
owners of properties which are made subject to the Program by virtue of state and
federal law, and/or other sources of funding established by a separate ordinance.
1.5 Terms used in this ordinance shall have the meanings specified in the Program.
§204B.02 Procedure for COSESCO Compliance.
2.1 Any person, firm, sole proprietorship, partnership, corporation, state agency or
political subdivision (“applicant”) required by law or administrative rule to apply
to the IDNR for a State NPDES General Permit #2 are subject to the terms of this
ordinance.
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2.2 Prior to the issuance of any permits by the City for construction activities on the
site, an applicant shall:
2.2.1 Submit to the City a copy of the site plan prepared by the applicant to
meet the requirements of the state NPDES General Permit #2. The site
plan shall show best management practices (BMP) control measures and a
Storm Water Pollution Prevention Plan (SWPPP) applicable to the site;
2.2.2 Submit a copy of the applicant's authorizations issued pursuant to
applicant's State NPDES General Permit No. 2, including a copy of said
permit issued by the IDNR for this site.
2.3 Every SWPPP submitted to the City shall:
2.3.1 Comply with all existing requirements for SWPPPs promulgated by the
IDNR in connection with issuance of a State NPDES General Permit #2;
and
2.3.2 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
applicants; and
2.3.3 Comply with all other applicable state or federal permit requirements in
existence at the time of application including, but not limited to, waste at
construction sites that may cause adverse impact to water quality such as
building materials, concrete truck washout, chemicals, solid waste and
sanitary waste.
2.4 All construction sites shall be furnished with a stabilized construction site
entrance to handle the type and frequency of the traffic entering and exiting the
site or make use of some other method designed to prevent off site tracking. Any
soils tracked off site shall be cleaned up by the applicant at the end of each day or
before sediments enter the public storm sewer or waters of the state. Any soils
entering public storm sewer or waters of the state will be considered a violation of
this ordinance.
§204B.03 Site Visit Procedures for COSESCO.
3.1 All site visits under this ordinance shall be conducted by a representative of the
City hereinafter referred to as the “enforcement officer.”
3.2 Any applicant that is subject to the terms of COSESCO shall allow the City or an
authorized representative of the City, to enter upon applicant’s private property for
site visit purposes. Any representative of the City shall present credentials if so
required at the time of entry.
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3.3 The City may conduct site visits at any time.
3.3.1 In any calendar year, the City will visit the site a minimum of twice per
year and upon the receipt of a complaint. The City will charge the
applicant the amount as established by Resolution of the City Council for
each such site visit until such time as the NPDES General Permit No. 2 is
terminated by the IDNR;
3.3.2 In addition to the site visits set out in 3.3.1 the City may conduct
additional site visits at the City’s own expense.
3.4 In the event a site visit identifies an area or incident of non-compliance, the City
may, at its discretion, provide applicant with a list of deficiencies that identifies
the area or incident of non-compliance. In the event an enforcement action is
taken, a list of deficiencies must first be provided to applicant. If a list of
deficiencies is provided, the applicant shall immediately commence corrective
action and shall complete corrective action within forty eight (48) hours of
receiving the list. For good cause shown, the City may extend the deadline for
completing corrective action, at the City’s sole discretion. Failure to take
corrective action in a timely manner shall constitute a violation of this ordinance.
November 6, 2006 – Ordinance 2593
3.5 The City shall not be responsible for the direct or indirect consequences to the
applicant or to third parties for non-compliant conditions undetected by the site
visit.
§204B.04 Monitoring Procedures for COSESCO.
4.1 It shall be the applicant's duty to monitor the site daily to assure compliance with
the SWPPP and General Permit No. 2.
4.2 It shall be applicant’s duty to notify the City of any changes, alterations, transfers
of coverage or sales of any property immediately upon the such event occurring.
Transferees must agree to the transfer in writing and must agree to fulfill all
obligations of the SWPPP and the State General Permit No. 2. Absent such
written confirmation of transfer of obligations, the applicant remains responsible
for compliance on any lot that has been sold or transferred.
June 18, 2018 – Ordinance 2890
4.3 It shall be the applicant's duty to notify the City when all conditions of the
NPDES General Permit No. 2 have been satisfied and the permit has been
terminated.
§204B.05 Enforcement by Legal or Administrative Action.
5.1 Violation of any provision of this ordinance may be enforced by legal (civil)
action including an action for injunctive relief.
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5.2 Violation of any provision of this ordinance may also be enforced as a municipal
infraction within the meaning of §364.22 of the Iowa Code, pursuant to the City’s
municipal infraction ordinance. A minimum civil penalty of $500.00 per violation
is hereby established. Each day a violation occurs constitutes a separate offense.
5.3 Alternatively, A violation of any provision of this ordinance shall also constitute a
simple misdemeanor punishable by a minimum fine of $500.00 per offence, up to
the maximum fine allowed by law. Each day a violation occurs constitutes a
separate offense.
5.4 Enforcement pursuant to this section shall be undertaken by the enforcement officer
after advice and consent of the City Attorney.
June 18, 2018 – Ordinance 2890
§204B.06 Enforcement by Order to Terminate Further Activities.
6.1 As an alternative to enforcement by legal or administrative action, an enforcement
officer may issue an order to terminate further activities at the site under the
following conditions:
6.1.1 The order to terminate may be issued only for failure to implement or
maintain pollution control BMPs;
6.2 Prior to commencing further activity at the site, the applicant shall establish
correction of the deficiency by providing to the office of the enforcement officer, a
written statement, signed under oath, that the deficiency has been corrected with a
description, including photographs when appropriate, of the action taken to correct
the deficiency.
6.3 If the deficiency is not corrected, the City may commence a legal or administrative
action against the applicant as set forth in Section 5 above.
September 11, 2006 – Ordinance #2592