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 stormwater from a Municipal Separate Storm Sewer System (MS4) (MS4 Permit). The City 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 Clerk and is available for public inspection during regular office hours.

   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 chapter, every applicant bears final and complete responsibility for compliance with a State NPDES General Permit #2 and a City COSESCO Permit and any other requirement of State or federal law or administrative rule.

   3.   As a condition of the City’s MS4 Permit, the City is obliged to undertake responsibility for administration and enforcement of the Program by adopting a Construction Site Erosion and Sediment Control (COSESCO) Ordinance designed to achieve the following objectives:

      A.   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 also be required to obtain from the City a Construction Site Erosion and Sediment Control Permit (City COSESCO Permit) in addition to and not in lieu of the State NPDES General Permit #2; and

      B.   The City shall have responsibility for inspection, monitoring, and enforcement procedures to promote applicants’ compliance with State NPDES General Permits #2 and City COSESCO Permits.

   4.   No State or federal funds have been made available to assist the City in administering and enforcing the Program. Accordingly, the City shall fund its application, inspection, 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, or other sources of funding established by a separate ordinance.

   5.   Terms used in this chapter shall have the meanings specified in the Program.

   1.   All persons required by law or administrative rule to obtain a State NPDES General Permit #2 from the IDNR are required to obtain a City COSESCO Permit.

   2.   Applications for City COSESCO Permits shall be made on forms approved by the City that may be obtained from the Building Department.

   3.   An applicant for a City COSESCO Permit shall pay fees as follows:

      A.   A fee at the time of application in the amount of $150.00 plus $20.00 per acre for sites over one acre.

      B.   For each inspection required by this chapter, the applicant shall pay an inspection fee in the amount of $55.00 per hour.

      C.   Failure of the applicant to pay an inspection fee within 30 days of billing shall constitute a violation of this chapter.

   4.   An applicant in possession of a State NPDES General Permit #2 issued by the IDNR shall immediately submit to the City one copy of the materials described below as a basis for the City to determine whether to issue a City COSESCO Permit, if submitted by paper.

      A.   Applicant’s plans, specifications, and supporting materials previously submitted to the IDNR in support of applicant’s application for the State NPDES General Permit #2;

      B.   Applicant’s authorizations issued pursuant to applicant’s State NPDES General Permit #2; and

      C.   A Stormwater Pollution Prevention Plan (SWPPP) prepared in accordance with this chapter.

   5.   Every SWPPP submitted to the City in support of an application for a City COSESCO Permit:

      A.   Shall comply with all current minimum mandatory requirements for SWPPPs promulgated by the IDNR in connection with issuance of a State NPDES General Permit #2; and

      B.   Shall, if the applicant is required by law to file a Joint Application Form, Protecting State Waters, Iowa Department of Natural Resources, and U.S. Army Corps of Engineers, comply with all mandatory minimum requirements pertaining to such applications; 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 a professional engineer licensed in the State or landscape architect or a professional in erosion and sediment control or a representative of the local Soil and Water Conservation District, credentialed in a manner acceptable to the City; and

      E.   Shall include within the SWPPP a signed and dated certification by the NPDES General Permit #2 permit holder that the SWPPP complies with all requirements of this chapter and the applicant’s NPDES General Permit #2.

   6.   Issuance by the City of a City COSESCO Permit shall be a condition precedent for the issuance of preliminary plat, site plan, or City building permit approval.

   7.   For so long as a construction site is subject to a State NPDES General Permit #2 or a City COSESCO Permit, the applicant shall provide the City with current information as follows:

      A.   The name, address, and telephone number of the person on-site designated by the owner who is knowledgeable and experienced in erosion and sediment control and who will oversee compliance with the State NPDES General Permit #2 and the City COSESCO Permit;

      B.   The names, addresses, and telephone numbers of the contractors or subcontractors that will implement each erosion and sediment control measure identified in the SWPPP.

      C.   Applicant’s failure to provide current information shall constitute a violation of this chapter.

   8.   Developers can transfer State NPDES General Permit #2 and the City COSESCO Permit responsibility to homebuilders, new lot owners, contractors, and subcontractors. A copy of the transfer document shall be provided to the City. Absent such written confirmation of transfer of obligations, the developer remains responsible for compliance on any lot that has been sold.

   9.   Homebuilders, new lot owners, contractors and subcontractors which are co-permittees under an existing SWPPP shall provide written documentation indicating they are co-permittees including signatures by both the co-permittee and developer.

   10.   Upon receipt of an application for a City COSESCO Permit, the City shall either find that the application complies with this chapter and issue a City COSESCO Permit in accordance with this chapter, or that the application fails to comply with this chapter, in which case the City shall provide a bill of particulars identifying non-compliant elements of the application.

   11.   Prior to the issuance of the building permit, the lot owner shall provide written certification regarding their responsibility for sediment and erosion control on the property as outlined in General Permit #2 and the SWPPP.

   1.   All inspections required under this chapter shall be conducted by the Utility Director, hereinafter referred to as the “enforcement officer.” Inspections by the enforcement officer may be scheduled, or unannounced.

   2.   Any applicant that is subject to the terms of the City COSESCO shall allow the City or an authorized representative of the City, upon the presentation of proper identification, to enter upon applicant’s private property for inspection purposes.

   3.   Applicant shall notify the City when all measures required by applicant’s SWPPP have been accomplished on-site, whereupon the City shall conduct an initial inspection for the purpose of determining compliance with this chapter, and shall within a reasonable time thereafter report to the applicant either that compliance appears to have been achieved, or that compliance has not been achieved, in which case the City shall provide a bill of particulars identifying the conditions of noncompliance. The applicant shall immediately commence corrective action and shall complete such corrective action within 48 hours of receiving the City’s bill of particulars. 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 chapter.

   4.   Construction shall not occur on the site at any time when the City has identified conditions of noncompliance.

   5.   Construction activities undertaken by an applicant prior to resolution of all discrepancies specified in the bill of particulars shall constitute a violation of this chapter.

   6.   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 inspection.

   1.   Authority. Whenever the enforcement officer finds any work regulated by this chapter being performed in a manner either contrary to the provisions of this chapter or dangerous or unsafe, the enforcement officer is authorized to issue a stop work order.

   2.   Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner’s agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume.

   3.   Unlawful Continuance. Any person who shall continue any work after having been served with a stop work order, except such work as the person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as stated in this chapter.

   1.   At a minimum, the enforcement officer will perform quarterly inspections. The quarterly inspections will be performed until the City receives a copy of the Notice of Discontinuation by the IDNR for NPDES General Permit #2.

   2.   Any third party may also report to the City site conditions which the third party reasonably believes pose a risk of stormwater discharge in a manner inconsistent with applicant’s SWPPP, State NPDES General Permit #2, or City COSESCO Permit. Permit holders found in noncompliance will be charged at a rate of $55.00 per hour for the additional inspection. If the permit holder is found in compliance, the inspection fee will be waived.

   3.   Upon receiving a report pursuant to the previous subsections, the enforcement officer shall conduct an inspection of the site as soon as reasonably possible and thereafter shall provide the applicant with a bill of particulars identifying the conditions of noncompliance. The applicant shall immediately commence corrective action and shall complete such corrective action within 48 hours of receiving the City’s bill of particulars. 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 chapter, whereupon the enforcement officer shall immediately commence enforcement actions specified in Section 148.06.

   4.   Unless a report is made to the enforcement officer pursuant to the previous subsections, the enforcement officer shall conduct at least one unannounced inspection during the course of construction to monitor compliance with the State NPDES General Permit #2 and the City COSESCO Permit. If the inspection discloses any significant noncompliance, the enforcement officer shall provide the applicant with a bill of particulars identifying the conditions of noncompliance. The applicant shall immediately commence corrective action and shall complete such corrective action within 48 hours of receiving the City’s bill of particulars. 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 chapter, whereupon the enforcement officer shall immediately commence enforcement actions specified in Section 148.06.

   5.   The City shall not be responsible for the direct or indirect consequences to the applicant or to third-parties for noncompliant conditions undetected by inspection.

   1.   Violation of any provision of this chapter may be enforced by civil action, including an action for injunctive relief. In any civil enforcement action, administrative or judicial, the City shall be entitled to recover its attorneys’ fees and costs from a person who is determined by a court of competent jurisdiction to have violated this chapter.

   2.   Violation of any provision of this chapter may also be enforced as a municipal infraction within the meaning of Section 364.22 of the Code of Iowa, pursuant to the City’s municipal infraction ordinance.

   3.   Enforcement pursuant to this section shall be undertaken by the enforcement officer upon the advice and consent of the City Attorney.

   1.   In addition to the application for a City COSESCO Permit, the applicant may be required to post security for compliance with all requirements imposed by the State NPDES General Permit #2 and the City COSESCO Permit in such an amount as the City may deem necessary.

   2.   If the final plat is approved prior to the installation of public improvements, in accordance with Chapter 175.05.5A of the Code of Iowa, a performance bond shall be required to cover the costs of the sediment and erosion control measures for the plat.

   3.   Acceptable forms of Performance Security include the following:

      A.   Performance Bonds;

      B.   Surety Bonds

   4.   The application form signed by the applicant for a City COSESCO Permit shall include the following commitment by the applicant: “In addition to the performance security posted with this application, the undersigned applicant hereby agrees to defend, indemnify, and hold the City 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, assign, or contractor or subcontractor of the applicant, in connection with applicant’s State NPDES General Permit #2 or City COSESCO Permit.

   5.   Upon filing and acknowledgement of the Notice of Discontinuation by the IDNR for NDPES General Permit #2 and a final inspection by the City, the bond or any remaining funds shall be returned.

   Administrative decisions by City staff and enforcement actions of the enforcement officer may be appealed by the applicant to the Council pursuant to the following rules:

   1.   The appeal must be filed in writing with the Clerk within 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, a written summary of all oral and written testimony the applicant intends to introduce at the hearing, including the names and addresses of all witnesses the applicant intends to call, copies of all documents the applicant intends to introduce at the hearing, 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 the enforcement officer intends to introduce at the hearing.

   4.   The Clerk shall notify the applicant and the enforcement officer by ordinary mail, and shall give public notice in accordance with Chapter 21 of the Code of Iowa, of the date, time, and place for the regular or special meeting of the Council at which the hearing on the appeal shall occur. The hearing shall be scheduled for a date not less than four or more than 20 days after the filing of the appeal. The rules of evidence and procedure, and the standard of proof to be applied, shall be the same as provided by Chapter 17A of the Code of Iowa. 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 Council at City expense. The decision of the Council shall be rendered in writing and may be appealed to the Iowa District Court.