[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.