[Ord. 2005-146 § 1
(part)]
The purpose of this chapter is to provide for the health, safety,
and general welfare of the citizens of City of Davenport through the
regulation of non-stormwater discharges to the storm drainage system
to the maximum extent practicable as required by federal and state
law. This chapter establishes methods for controlling the introduction
of pollutants into the municipal separate storm sewer system (MS4)
in order to comply with requirements of the National Pollutant Discharge
Elimination System (NPDES) permit process. The objectives of this
chapter are:
A. To regulate the contribution of pollutants to the MS4 by stormwater
discharges by any user.
B. To prohibit illicit connections and discharges to the MS4.
C. To establish legal authority to carry out all inspection, surveillance,
monitoring, and enforcement procedures necessary to ensure compliance
with this ordinance.
D. To efficiently oversee pollution prevention programs without duplications
of state and federal inspections and monitoring.
[Ord. 2005-146 § 1
(part)]
For the purposes of this chapter, the following shall mean:
A. PUBLIC WORKS DEPARTMENT – Means employees or designees of the
director of the public works department designated to enforce this
chapter.
B. BEST MANAGEMENT PRACTICES (BMPS) – Means schedules of activities,
prohibitions of practices, general good housekeeping practices, pollution
prevention and educational practices, maintenance procedures, and
other management practices to prevent or reduce the discharge of pollutants
directly or indirectly to stormwater, receiving waters, or stormwater
conveyance systems. BMPs also include treatment practices, operating
procedures, and practices to control site runoff, spillage or leaks,
sludge or water disposal, or drainage from raw materials storage.
C. CLEAN WATER ACT – Means the federal Water Pollution Control
Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments
thereto.
D. CONSTRUCTION ACTIVITY – Means activities subject to NPDES construction
permits. These include construction projects resulting in land disturbance
of one acre or more. Such activities include but are not limited to
clearing and grubbing, grading, excavating, and demolition.
E. HAZARDOUS MATERIALS – Means any material, including any substance,
waste, or combination thereof, which because of its quantity, concentration,
or physical, chemical, or infectious characteristics may cause, or
significantly contribute to, a substantial present or potential hazard
to human health, safety, property, or the environment when improperly
treated, stored, transported, disposed of, or otherwise managed.
F. HEARING OFFICER – Means the City Administrator's designee.
G. ILLEGAL DISCHARGE – Means any direct or indirect nonstormwater discharge to the storm drain system, except as exempted in Section
13.36.060 of this chapter.
H. ILLICIT CONNECTIONS– Means either of the following:
1.
Any drain or conveyance, whether on the surface or subsurface
that allows an illegal discharge to enter the storm drain system including
but not limited to any conveyances that allow any nonstormwater discharge
including sewage, process wastewater, and wash water to enter the
storm drain system and any connections to the storm drain system from
indoor drains and sinks, regardless of whether said drain or connection
had been previously allowed, permitted, or approved by the public
works department or,
2.
Any drain or conveyance connected from a commercial or industrial
land use to the storm drain system that has not been documented in
plans, maps, or equivalent records and approved by a public works
department.
I. INDUSTRIAL ACTIVITY – Means activities subject to NPDES industrial
stormwater permits as defined in 40 CFR, Section 122.26(b)(14).
J. MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) – Means the system
of conveyances (including sidewalks, roads with drainage systems,
municipal streets, catch basins, curbs, gutters, ditches, man-made
channels, or storm drains) owned and operated by the City of Davenport
and designed or used for collecting or conveying stormwater, and that
is not used for collecting or conveying sewage.
K. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER
DISCHARGE PERMIT – Means a permit issued by EPA (or by a state
under authority delegated pursuant to 33 USC § 1342(b))
that authorizes the discharge of pollutants to waters of the state
of Iowa, whether the permit is applicable on an individual, group,
or general area-wide basis.
L. NONSTORMWATER DISCHARGE – Means any discharge to the storm
drain system that is not composed entirely of stormwater.
M. PERSON – Means any individual, association, organization, partnership,
firm, corporation or other entity recognized by law and acting as
either the owner or as the owner's agent.
N. POLLUTANT – Means anything which causes or contributes to pollution.
Pollutants may include, but are not limited to: paints, varnishes,
and solvents; oil and other automotive fluids; nonhazardous liquid
and solid wastes and yard wastes; sediments; refuse, rubbish, garbage,
litter, or other discarded or abandoned objects, ordinances, and accumulations,
so that same may cause or contribute to pollution; floatables; pesticides,
herbicides, and fertilizers; hazardous substances and wastes; sewage,
fecal coliform and pathogens; dissolved and particulate metals; animal
wastes; wastes and residues that result from constructing a building
or structure; and noxious or offensive matter of any kind.
O. PREMISES– Means any building, lot, parcel of land or portion
of land whether improved or unimproved including adjacent sidewalks
and parking strips.
P. STORM DRAINAGE SYSTEM – Means publicly-owned facilities by
which stormwater is collected and/or conveyed, including but not limited
to any roads with drainage systems, municipal streets, gutters, curbs,
inlets, piped storm drains, pumping facilities, retention and detention
basins, natural and human-made or altered drainage channels, reservoirs,
and other drainage structures.
Q. STORMWATER – Means any surface flow, runoff, and drainage consisting
entirely of water from any form of natural precipitation, and resulting
from such precipitation.
R. STORMWATER MANAGEMENT PLAN – Means a document which describes
the best management practices and activities to be implemented by
a person or business to identify sources of pollution or contamination
at a site and the actions to eliminate or reduce pollutant discharges
to stormwater, stormwater conveyance systems, and/or receiving waters
to the maximum extent practicable.
S. WASTEWATER – Means any water or other liquid, other than uncontaminated
stormwater, discharged from a facility.
T. WATERCOURSE – Means any stream of water or natural waterway;
canal for the conveyance of water, especially in draining lands; an
easement for the flowing water in an accustomed course. A watercourse
may be sometimes dry.
U. WATERS OF THE STATE OF IOWA – Means any waters within the jurisdiction
of the state of Iowa or the marginal waters adjacent to the state
of Iowa, or water occurring in any river, stream or creek having definite
banks and bed with visible evidence of the flow of water is declared
to be public waters of the state of Iowa.
[Ord. 2005-146 § 1
(part)]
This chapter shall apply to all water entering the storm drainage
system generated on any developed and undeveloped lands unless explicitly
exempted by the public works department.
[Ord. 2005-146 § 1
(part)]
The public works department shall administer, implement, and
enforce the provisions of this chapter. Any powers granted or duties
imposed upon the public works department may be delegated in writing
by the director of public works department to persons or entities
acting in the beneficial interest of or in the employ of the City.
[Ord. 2005-146 § 1
(part)]
The standards set forth herein and promulgated pursuant to this
chapter are minimum standards; therefore this chapter does not intend
to imply that compliance by any person will ensure that there will
be no contamination, pollution, or unauthorized discharge of pollutants.
[Ord. 2005-146 § 1
(part)]
A. Prohibition of Illegal Discharges. No person shall throw, drain,
or otherwise discharge, cause or allow others under its control to
throw, drain, or otherwise discharge into the MS4 any pollutants or
waters containing any pollutants, other than stormwater.
The commencement, conduct or continuance of any illegal discharge
to the storm drain system is prohibited except as described as follows:
1.
The following discharges are exempt from discharge prohibitions
established by this chapter: water line flushing, landscape irrigation,
diverted stream flows, rising ground waters, uncontaminated ground
water infiltration, uncontaminated pumped ground water, discharges
from potable water sources, foundation drains, air conditioning condensation,
irrigation water, springs, water from crawl space pumps, footing drains,
lawn watering, noncommercial car washing, flows from riparian habitats
and wetlands, dechlorinated swimming pool discharges, and street wash
water.
2.
Discharges or flow from firefighting, and other discharges specified
in writing by the public works department as being necessary to protect
public health and safety.
3.
Discharges associated with dye testing; however this activity
requires notification to the public works department in person or
by phone or facsimile no later than 24 hours prior to the time of
the test. Notifications in person or by phone shall be confirmed by
written notice addressed and mailed to the public works department
within five calendar days of the phone notice.
4.
The prohibition shall not apply to any nonstormwater discharge
permitted under an NPDES permit, waiver, or waste discharge order
issued to the discharger and administered under the authority of the
Iowa Department of Natural Resources (DNR), provided that the discharger
is in full compliance with all requirements of the permit, waiver,
or order and other applicable laws and regulations.
B. Prohibition of Illicit Connections.
1.
The construction, use, maintenance or continued existence of
illicit connections to the storm drain system is prohibited.
2.
This prohibition expressly includes, without limitation, illicit
connections made in the past, regardless of whether the connection
was permissible under law or practices applicable or prevailing at
the time of connection.
3.
A person is considered to be in violation of this chapter if
the person connects a line conveying sewage to the MS4, or allows
such a connection to continue.
4.
Improper connections in violation of this chapter must be disconnected
and redirected, if necessary, to an approved on-site wastewater management
system or the sanitary sewer system upon approval of the public works
department.
5.
Any drain or conveyance that has not been documented in plans,
maps or equivalent, and which may be connected to the storm sewer
system, shall be located by the owner or occupant of that property
upon receipt of written notice of violation from the public works
department requiring that such locating be completed. Such notice
will specify a reasonable time period, not to exceed 21 days within
which the location of the drain or conveyance is to be determined,
that the drain or conveyance be identified as storm sewer, sanitary
sewer or other, and that the outfall location or point of connection
to the storm sewer system, sanitary sewer system or other discharge
point be identified. Results of these investigations are to be documented
and provided to the public works department.
[Ord. 2005-146 § 1
(part)]
Every person owning property through which a watercourse passes,
or such person's lessee, shall keep and maintain that part of the
watercourse within the property free of trash, debris, excessive vegetation,
and other obstacles that would pollute, contaminate, or significantly
retard the flow of water through the watercourse. In addition, the
owner or lessee shall maintain existing privately owned structures
within or adjacent to a watercourse, so that such structures will
not become a hazard to the use, function, or physical integrity of
the watercourse.
[Ord. 2005-146 § 1
(part)]
A. Any person subject to an Iowa Department of Natural Resources NPDES
stormwater discharge permit for industrial or construction activity
in the following general permit categories:
1.
General Permit 1. Stormwater discharge associated with industrial
activity by SIC code;
2.
General Permit 2. Stormwater discharge associated with industrial
activity from construction sites — those sites or common plans
of development or sale that will result in the disturbance of one
or more acres total land area; or
3.
General Permit 3. Stormwater discharge associated with industrial
activity from asphalt plans, concrete batch plants, rock crushing
plants, and construction sand and gravel facilities; shall comply
with all provisions of such permit. Proof of and compliance with said
permit may be required in a form acceptable to the public works department
prior to the allowing of discharges to the MS4.
B. The operator of a facility, including construction sites, required
by the Iowa Department of Natural Resources to have an NPDES permit
to discharge stormwater associated with industrial activity shall
submit one copy of the NPDES permit. The public works department may
request NPDES discharge monitoring data to enforce the requirements
of this ordinance.
C. The copy of the NPDES permit may be delivered to the public works
department in person or by mailing it to:
Stormwater Permits
Stormwater Manager
Public Works Department
1200 East 46th Street
Davenport, Iowa 52807
D. A person commits an offense if the person operates a facility that
is discharging stormwater associated with industrial activity without
having submitted one copy of the NPDES permit to the public works
department.
[Ord. 2005-146 § 1
(part)]
A. Right of Entry: Inspection and Sampling. The public works department
shall be permitted to enter and inspect facilities subject to regulation
under this ordinance to the extent reasonably necessary for the purpose
of determining and enforcing compliance with this chapter.
1.
If a discharger has security measures in force which require
proper identification and clearance before entry into its premises,
the discharger shall make the necessary arrangements to allow access
to representatives of the public works department.
2.
Facility operators shall allow the public works department ready
access to all parts of the premises for the purposes of inspection,
sampling, examination and copying of records that must be kept under
the conditions of an NPDES permit to discharge stormwater, and the
performance of any additional duties as defined by state and federal
law.
3.
The public works department shall have the right to set up on
any permitted facility such devices as are necessary in the opinion
of the public works department to conduct monitoring and/or sampling
of the facility's stormwater discharge.
4.
The public works department has the right to require the discharger
to install monitoring equipment as necessary. The facility's sampling
and monitoring equipment shall be maintained at all times in a safe
and proper operating condition by the discharger at its own expense.
All devices used to measure stormwater flow and quality shall be calibrated
to ensure their accuracy.
5.
Any temporary or permanent obstruction to safe and easy access
to the facility to be inspected and/or sampled shall be promptly removed
by the operator at the written or oral request of the public works
department and shall not be replaced. The costs of clearing such access
shall be borne by the operator.
6.
Unreasonable delays in allowing the public works department
access to a permitted facility is a violation of a stormwater discharge
permit and of this ordinance. A person who is the operator of a facility
with an NPDES permit to discharge stormwater associated with industrial
activity commits an offense if the person denies the public works
department reasonable access to the permitted facility for the purpose
of conducting any activity authorized or required by this chapter.
B. Administrative search warrants. If the public works department has
been refused access to any part of the premises from which stormwater
is discharged, and he/she is able to demonstrate probable cause to
believe that there may be a violation of this chapter, or that there
is a need to inspect and/or sample as part of a routine inspection
and sampling program designed to verify compliance with this chapter
or any order issued hereunder, or to protect the overall public health,
safety, and welfare of the community, then the public works department
may seek issuance of an administrative search warrant from any court
of competent jurisdiction.
[Ord. 2005-146 § 1
(part)]
Public works department will adopt requirements identifying
best management practices for any activity, operation, or facility
which may cause or contribute to pollution or contamination of stormwater,
the storm drainage system, or waters of the state of Iowa. The owner
or operator of such activity, operation, or facility shall provide,
at their own expense, reasonable protection from accidental discharge
of prohibited materials or other wastes into the municipal storm drain
system or watercourses through the use of these structural and nonstructural
BMPs. Further, any person responsible for a property or premises that
is, or may be, the source of an illicit discharge, may be required
to implement, at said person's expense, additional structural and
nonstructural BMPs to prevent the further discharge of pollutants
to the MS4. Compliance with all terms and conditions of a valid NPDES
permit authorizing the discharge of stormwater associated with industrial
activity, to the extent practicable, shall be deemed compliance with
the provisions of this section. These BMPs shall be part of a stormwater
management plan (SWMP) as necessary for compliance with requirements
of the NPDES permit.
[Ord. 2005-146 § 1
(part)]
Notwithstanding other requirements of law, as soon as any person
responsible for a facility or operation, or responsible for emergency
response for a facility or operation has information of any known
or suspected release of materials which are resulting or may result
in illegal discharges or pollutants discharging into stormwater, the
storm drain system, or waters of the state of Iowa, said person shall
take all necessary steps to ensure the discovery, containment, and
cleanup of such release. In the event of such a release of hazardous
materials said person shall immediately notify emergency response
agencies of the occurrence via emergency dispatch services. In the
event of a release of nonhazardous materials, said person shall notify
the public works department in person or by phone or facsimile no
later than 24 hours of spill. Notifications in person or by phone
shall be confirmed by written notice addressed and mailed to the public
works department within five calendar days of the phone notice. If
the discharge of prohibited materials emanates from a commercial or
industrial establishment, the owner or operator of such establishment
shall also retain an on-site written record of the discharge and the
actions taken to prevent its recurrence. Such records shall be retained
for at least five years. Failure to provide notification or a release
as provided above is a violation of this chapter.
[Ord. 2005-146 § 1
(part)]
A. Violations. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. If it is determined by the director of public works department or designee that an emergency exists respecting any matter affecting or likely to affect the public health or public safety, the public works department is authorized to take any reasonable action necessary to terminate the emergency without notice, warning and hearing to the property owner. The public works department is authorized to seek costs of the abatement as outlined in Section
13.36.150.
B. Warning Notice. When the public works department finds that any person
has violated, or continues to violate, any provision of this chapter,
or any order issued hereunder, the public works department may serve
upon that person a written warning notice, specifying the particular
violation believed to have occurred and requesting the discharger
to immediately investigate the matter and to seek a resolution whereby
any offending discharge will cease. Investigation and/or resolution
of the matter in response to the warning notice in no way relieves
the alleged violator of liability for any violations occurring before
or after receipt of the warning notice. Nothing in this subsection
shall limit the authority of the public works department to take any
action, including emergency action or any other enforcement action,
without first issuing a warning notice.
C. Notice of Violation. Whenever the public works department finds that
a person has violated a prohibition or failed to meet a requirement
of this chapter, the public works department may order compliance
by written notice of violation to the responsible person.
1.
The notice of violation shall contain:
a.
The name and address of the alleged violator;
b.
The address when available or a description of the building,
structure or land upon which the violation is occurring, or has occurred;
c.
A statement specifying the nature of the violation;
d.
A description of the remedial measures necessary to restore
compliance with this chapter and a time schedule for the completion
of such remedial action;
e.
A statement of the penalty or penalties that shall or may be
assessed against the person to whom the notice of violation is directed;
f.
A statement that the determination of violation may be appealed
to the public works department by filing a written notice of appeal
within three calendar days of service of notice of violation; and
g.
A statement specifying that, should the violator fail to restore
compliance within the established time schedule, the work will be
done by a designated governmental agency or a contractor and the expense
thereof shall be charged to the violator.
2.
Such notice may require without limitation:
a.
The performance of monitoring, analyses, and reporting;
b.
The elimination of illicit connections or discharges;
c.
That violating discharges, practices, or operations shall cease
and desist;
d.
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
e.
Payment of a fine to cover administrative and remediation costs;
and
f.
The implementation of source control or treatment BMPs.
D. Compensatory Action. In lieu of enforcement proceedings, penalties,
and remedies authorized by this chapter, the public works department
may impose upon violator alternative compensatory actions, such as
storm drain stenciling, attendance at compliance workshops, creek
cleanup, etc.
E. Suspension of MS4 Access.
1.
Emergency Cease and Desist Orders. When the public works department
finds that any person has violated, or continues to violate, any provision
of this chapter, or any order issued hereunder, or that the person's
past violations are likely to recur, and that the person's violation(s)
has (have) caused or contributed to an actual or threatened discharge
to the MS4 or waters of the state of Iowa which reasonably appears
to present an imminent or substantial endangerment to the health or
welfare of persons or to the environment, the public works department
may issue an order to the violator directing it immediately to cease
and desist all such violations and directing the violator to:
a.
Immediately comply with all ordinance requirements; and
b.
Take such appropriate preventive action as may be needed to
properly address a continuing or threatened violation, including immediately
halting operations and/or terminating the discharge.
Any person notified of an emergency order directed to it under
this subsection shall immediately comply and stop or eliminate its
endangering discharge. In the event of a discharger's failure to immediately
comply voluntarily with the emergency order, the public works department
may take such steps as deemed necessary to prevent or minimize harm
to the MS4 or waters of the state of Iowa, and/or endangerment to
persons or to the environment, including immediate termination of
sewer connections or other municipal utility services. The public
works department may allow the person to recommence its discharge
when it has demonstrated to the satisfaction of the public works department
that the period of endangerment has passed, unless further termination
proceedings are initiated against the discharger under this chapter.
A person that is responsible, in whole or in part, for any discharge
presenting imminent endangerment shall submit a detailed written statement,
describing the causes of the harmful discharge and the measures taken
to prevent any future occurrence, to the public works department within
three calendar days of receipt of the emergency order. Issuance of
an emergency cease and desist order shall not be a bar against, or
a prerequisite for, taking any other action against the violator.
2.
Suspension Due to Illicit Discharges in Emergency Situations.
The public works department may, without prior notice, suspend MS4
discharge access to a person when such suspension is necessary to
stop an actual or threatened discharge which presents or may present
imminent and substantial danger to the environment, or to the health
or welfare of persons, or to the MS4 or waters of the state of Iowa.
If the violator fails to comply with a suspension order issued in
an emergency, the public works department may take such steps as deemed
necessary to prevent or minimize damage to the MS4 or waters of the
state of Iowa, or to minimize danger to persons.
3.
Suspension Due to the Detection of Illicit Discharge. Any person
discharging to the MS4 in violation of this chapter may have their
MS4 access terminated if such termination would abate or reduce an
illicit discharge. The public works department will notify a violator
of the proposed termination of its MS4 access. The violator may petition
the public works department for a reconsideration and hearing. A person
commits an offense if the person reinstates MS4 access to premises
terminated pursuant to this section, without the prior approval of
the public works department.
F. Civil Penalties. Any person who has violated or continues to violate
the provisions of this chapter is guilty of a municipal infraction
and upon conviction shall be fined as follows:
First offense
|
$250
|
Second offense
|
$500
|
Third or subsequent offense
|
$750
|
In addition to the civil fine the City may seek equitable relief
or take other abatement actions. Each day a violation exists shall
constitute a separate offense.
|
G. Criminal Prosecution. Any person that has violated or continues to
violate this chapter shall be subject to criminal prosecution and
fined or imprisoned as permitted under state law. Each act of violation
and each day upon which any violation shall occur shall constitute
a separate offense.
[Ord. 2005-146 § 1
(part)]
Any person receiving a notice of violation may appeal the determination
of the public works department. The notice of appeal must be received
within three calendar days from the date of the notice of violation.
Hearing on the appeal before the appropriate authority or his/her
designee shall take place within 14 calendar days from the date of
receipt of the notice of appeal. The decision of the hearing officer
or designee shall be final.
[Ord. 2005-146 § 1
(part)]
If the violation has not been corrected pursuant to the requirements
set forth in the notice of violation, or, in the event of an appeal,
following the decision of the hearing officer upholding the decision
of the public works department, then representatives of the public
works department shall enter upon the subject private property and
are authorized to take any and all measures necessary to abate the
violation and/or restore the property. It shall be unlawful for any
person, owner, agent or person in possession of any premises to refuse
to allow the government agency or designated contractor to enter upon
the premises for the purposes set forth above.
[Ord. 2005-146 § 1
(part)]
Within 60 calendar days after abatement of the violation, the
owner of the property will be notified of the cost of abatement, including
administrative costs. The property owner may file a written appeal
objecting to the amount of the assessment within seven calendar days.
If the amount due is not paid within a timely manner as determined
by the decision of the hearing officer or by the expiration of the
time in which to file an appeal, the charges shall become a special
assessment against the property and shall constitute a lien on the
property for the amount of the assessment.
[Ord. 2005-146 § 1
(part)]
In addition to the enforcement processes and penalties provided,
any condition caused or permitted to exist in violation of any of
the provisions of this ordinance is a threat to public health, safety,
and welfare, and is declared and deemed a nuisance, and may be summarily
abated or restored at the violator's expense, and/or civil action
to abate, enjoin, or otherwise compel the cessation of such nuisance
may be taken.
[Ord. 2005-146 § 1
(part)]
The remedies listed in this chapter are not exclusive of any
other remedies available under any applicable federal, state or local
law and it is within the discretion of the public works department
to seek cumulative remedies. The public works department may recover
all attorneys' fees, court costs and other expenses associated with
enforcement of this ordinance, including sampling and monitoring expenses.