HomeMy WebLinkAboutA001 - Council Action Form dated January 11, 2005 od
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Item # / �0
Date: January 11, 2005
COUNCIL ACTION FORM
SUBJECT: APPROVE/REJECT ORDINANCE REGULATING NON-STORMWATER
DISCHARGES TO THE STORM SEWER SYSTEM
BACKGROUND:
In April of 2004, the City was issued a National Pollutant Discharge Elimination System
(NPDES) permit for the discharge of storm water from the City's Municipal Separate
Storm Sewer System (MS4). That permit is the result of the EPA's Phase II storm water
requirements. A copy of the permit is attached.
The permit is effective until April of 2009 and involves a number of required activities
over that period. The first year activities are summarized on the attached sheet. As can
be noted, a significant increase in emphasis on storm water matters will be needed by
staff to meet these requirements.
One of the requirements is to develop an illicit discharge ordinance by March 1, 2005.
In general, the ordinance must provide for the prohibition of anything other than
storm water and allowable non-storm water and pollutants, for which an NPDES
permit has been issued by the State, from being discharged to the municipal
storm sewer system. City Attorney John Klaus has prepared the proposed ordinance,
which is also attached. Staff has worked with the Storm Water Advisory Committee to
review the language and to ensure the appropriateness of the ordinance. The
Committee is made up of design professionals, developers, and environmental
enthusiasts.
It should be noted the DNR permit does not allow the City to exempt any other
discharges from being classified as illicit discharges. Taken to the extreme, this
could mean that many activities would be in violation of the regulation. It appears
that we have no alternatives but to adopt this ordinance to be in compliance with
Federal and State regulations. It will be a major focus of this program to educate
and inform the citizens about these regulations so that environmental impacts are
minimized.
Another element in the ordinance is related to the maintenance of watercourses
(Section 10, page 4). The property owner will be responsible for the general
maintenance of the watercourse related to trash, debris, and other obstacles that could
alter the flow of water. If there were an easement to the City for the ongoing
maintenance of the watercourse, the City would be responsible for that work. The point
of emphasis is on those things that alter the flow of water. The general maintenance of
these areas to meet this requirement will not involve the City picking up trash, etc.
Because of the criteria that it must involve altering the flow, it is more likely to involve
such work as removal of trees that have fallen into the watercourse and are creating
bank erosion. If there is no easement to the City, the property owner will be responsible
for the work.
ALTERNATIVES:
1. Approve the concepts within the ordinance, as developed, to meet the
requirements of the NPDES permit and direct that the first reading be placed on the
January 25th meeting.
2. Reject the ordinance and direct the City Attorney to modify the provisions.
3. Reject the ordinance, which will eventually bring about permit noncompliance
situations.
MANAGER'S RECOMMENDED ACTION:
It is recommended by the City Manager that the City Council accept alternative number
one above and approve the concepts within the ordinance, as developed, to meet the
requirements of the NPDES permit and direct that the first reading be placed on the
January 25th meeting.
COUNCIL ACTION:
National Pollutant Discharge Elimination System (NPDES)
Storm Water Permit
By March 2005
• Develop and distribute a general storm water education brochure as an insert
for the utility bill. (City Manager/Public Relations Officer)
• Develop and show a storm water educational videotape. (City Manager/Public
Relations Officer)
• Establish a web site link to educate and to inform citizens on storm water, as
well as to provide a form that can be downloaded for reporting complaints.
(City Manager/Public Relations Officer)
• Establish a 24-hour storm water hotline that is in the utility bill information
and on the web site. (Public Works/Administration)
• Establish and hold at least one meeting with a Storm Water Advisory
Committee. (Public Works/Administration)
• Adopt an Illicit Discharge Prohibition Ordinance. (Public Works/
Administration)
• Establish a plan for dry weather inspections of outfalls. (Public Works/
Operations)
• Continue Household Hazardous Waste collections at the Resource Recovery
Plant. (Public Works/Resource Recovery Plant)
• Develop site plan review procedures for projects that need NPDES. (Public
Works/Engineering)
• Establish a plan for inspection of storm water control devices/structures on city
detention/retention facilities. (Public Works/Operations/Engineering)
• Sweep streets from April to November, with all streets being swept twice per
year. (Public Works/Operations)
• Establish an inspection program so that all components (ditches, streams,
structures, intakes, pipe, etc.) are inspected once in ten years. (Public
Works/Operations)
• Investigate all entities applying fertilizer and pesticides on public property to
insure proper certification of the applicators and to insure that the minimum
effective application rates are used. (Parks Maintenance/Public Works
Operations)
• Implement an erosion control inspection program for City of Ames projects
every seven days or within two days of one-half inch of rain. (Public
Works/Engineering)
• Map all elements of the storm water system. (Public Works/Engineering)
• Keep all salt storage in a structure. (Public Works/Operations)
• File the first annual report indicating the activity related to the permit.
(All/Public Works Administration)
IOWA DEPARTMENT OF NATURAL RESOURCES
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT
PERN=EE IDENTITY AND LOCATION OF FACILITY
City of Ames City of Ames
Ames, Iowa 50010 Ames, Iowa 50010
IOWA NPDES PERMIT NUMBER: 85-03-0-03 RECEIVING WATERCOURSES
DATE OF ISSUANCE: April 29, 2004 South Skunk River, Squaw Creek
DATE OF EXPIRATION: April 28, 2009
YOU ARE REQUIRED TO FILE
FOR RENEWAL OF THIS PERMIT BY: October 30, 2008
EPA NUMBER - IA0078204
This permit is issued pursuant to the authority of section 402(b) of the Clean Water Act (33 U.S.C.
1342(b)), Iowa Code section 455B.174, and rule 567--64.13, Iowa Administrative Code. You are
authorized to operate the disposal system and to discharge the pollutants specified in .this permit in
accordance with the monitoring requirements and other terms set forth in this permit.
You may appeal any conditions of this permit by filing written notice of appeal and request for
administrative hearing with the director of this department within 30 days of receipt of this permit.
Any existing, unexpired Iowa operation permit or Iowa NPDES permit previously issued by the
department for the facility identified above is revoked by the issuance of this Iowa NPDES operation
permit.
FOR THE DEPARTMENT OF NATURAL RESOURCES
Je R. , Director
By
Wayne arrand, Superviso
Wastewater Section
Environmental Protection Division
• City of Ames Municipal Separate Storm Sewer System
Permit Number: 85-03-0-03
PART I. DISCHARGES AUTHORIZED UNDER THIS PERMIT
A. Permit Area
This permit covers all areas within the boundaries of the City of Ames totaling approximately 16 square
miles which is drained by the city's Municipal Separate Storm Sewer System (MS4) and any other areas
added while this permit is in effect.
B. Authorized Discharges
This permit authorizes all existing or new storm water point source discharges to waters of the State from
the MS4. This permit also authorizes the .discharge of storm water commingled with flows contributed
by process wastewater, non-process wastewater, or storm water associated with industrial activity
provided such discharges are authorized under separate NPDES permits, as required by law. This permit
does not authorize discharges to the MS4.
C. Limitations on Coverage
The following discharges are not authorized or regulated by this permit:
Storm.water discharges that are mixed with non-storm water and storm water associated with
industrial activity except where such discharges are:
1. in compliance with a separate NPDES permit; or
2. identified by and in compliance with Part IV. of this permit.
PART II. STORM WATER POLLUTION PREVENTION&MANAGEMENT PROGRAM
The permittee shall implement the Best Management Practices (BMPs), measurable goals,
implementation dates and frequencies described in the following sections.
A. Public Education and Outreach on Storm Water Impacts
The permittee shall implement a public education and outreach program about the impacts of storm water
discharges and measures which the residents of the permittee can implement to reduce pollutants in storm
water runoff that includes the following:
1. General Storm Water Education Brochure — An informational brochure shall be developed
and distributed to residents and businesses served by the MS4. The brochure shall present
information regarding storm water impacts on water quality and measures residents can
implement to reduce water quality degradation from storm water. Additional information
shall be included in the brochure as appropriate.
The brochure shall be distributed in the utility bill insert by the City Manager's Office at
least once each calendar year and to every new customer when service is started. Initial
distribution shall begin no later than March 1, 2005 and for the remainder of the duration of
the permit.
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City of Ames Municipal Separate Storm Sewer System
Permit Number: 85-03-0-03
2. Storm Water Educational Videotape — An educational videotape shall be produced which
discuss impacts of storm water on water quality and measures residents and business owners
can implement to reduce water quality degradation from storm water.
The program shall be run on the permittee's cable television channel at least ten times each
calendar year beginning no later than March 1, 2005 and for the remainder of the duration of
the permit. They shall be produced and aired by the City Manager's Office.
3. Establish Website — The permittee's website shall contain information regarding storm
water impacts on water quality, measures residents can implement to reduce pollutants in
storm water,regulations, current local topics and links to other relevant websites. A form to
be downloaded for reporting storm water complaints shall be provided on the website. The
website shall be updated as appropriate.
The website shall be implemented by the City Manager's Office no later than March 1, 2005
and maintained for the remainder of the duration of the permit.
B. Public Involvement and Participation
The permittee shall implement a public involvement and participation program that includes the
following:
1. Storm Water Pollution Hotline — The permittee shall establish a 24-hour storm water
pollution hotline to be used by the public to report storm water polllution or other problems.
The hotline is to be advertised bi-monthly (every other month) in the permittee's newsletter
and continually on the permittee's website.
The hotline is to be established no later than March 1, 2005 and maintained for the
remainder of the duration of the permit by the Public Works Department.
2. Storm Water Advisory Committee—The permittee shall continue holding meetings with the
storm water advisory committee to participate in decision making, holding public hearings
and working with volunteer groups, as appropriate. Representatives of environmental
groups, developers, builders' associations, businessmen; city personnel and residents at
large shall be allowed to participate, if interested.
The committee shall be established by the Public Works Department and meet at least once
each calendar year for the duration of the permit.
C. Illicit Discharge Detection and Elimination
The permittee shall develop, implement and enforce a discharge detection and elimination program that
includes the following:
1. Illicit Discharge Prohibition Ordinance — An ordinance shall be adopted by the permittee
that prohibits anything other than storm water, allowable non-storm water and pollutants for
which an NPDES permit has been issued and when the discharge is in compliance with the
permit from entering the MS4. The ordinance shall include language that enables the
permittee to inspect private property if an illicit discharge is suspected and penalties for
non-compliance.
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City of Ames Municipal Separate Storm Sewer System
Permit Number: 85-03-0-03
The ordinance shall be adopted no later than March 1, 2005 and enforced by the Public
Works Department for the remainder of the duration of the permit.
2. Illicit_Discharge Detection and Elimination Program — A program shall be developed to
identify and eliminate illicit discharges to the MS4. The program shall include annual dry
weather flow inspections of outfalls which discharge to non-intermittent waterways or
waterbodies, analyses of-dry weather flows, procedures to identify the sources of the dry
weather flows and procedures for disconnecting illicit connections. The program shall also
include dry weather flow inspections of approximately 20% of all outfalls that discharge to
Waters of the State that are intermittent waterways or waterbodies with all of these outfalls
being inspected during the duration of the permit. Procedures for inspections, analyses,
identification of sources of the dry weather flows and procedures for disconnecting illicit
connections shall be identical to those for the discharges to non-intermittent waterways.
Records shall be kept of when inspections are performed, the results of the inspections and
measures taken to identify and,when appropriate, eliminate the sources of any dry weather
flows. The plan shall be evaluated annually to assess the effectiveness of the program and
any necessary changes made. All illicit discharges found must be eliminated no more than
21 days after discovery. If it is not possible to eliminate an illicit discharge within 21 days
of discovery, the permittee shall submit to the Department the reasons why the discharge
cannot be eliminated within 21 days of discovery and a plan which contains a timeline of
activities which will result in the elimination of the discharge. This statement and plan shall
be submitted within 21 days of discovery of the illicit discharge. If the Department does not
approve the plan, the permittee will then be required to eliminate the discharge no later than
a date specified by the Department. All illicit discharges shall be reported to the
Department no later than the end of the first business day after the day of the discovery.
The plan shall be developed no later than March 1, 2005 and implemented by the Public
Works Department no later than March 1, 2006 for the remainder of the duration of the
permit.
3. Resource Recovery Plant — The permittee shall continue operation of the Resource
Recovery Plant where residents can dispose of common household pollutants.
The operation shall continue for the duration of the permit.
D. Construction Site Storm Water Runoff Control
The permittee shall develop, implement and enforce a construction site storm water runoff control
program to reduce pollutants in any storm water runoff from construction activities for which storm
water permit coverage is required and that includes the following:
1. Construction Site Runoff Control Ordinance — An ordinance shall be developed and
enforced on all sites for which NPDES permits are required that requires proper soil erosion
and sediment control. This ordinance shall also address waste at construction sites that may
cause adverse impacts to water quality such as building materials, concrete truck washout,
chemicals, solid waste and sanitary waste. Authority to issue an order to terminate activities
due to failure to implement or maintain pollution control BMPs shall be included.
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City of Ames Municipal Separate Storm Sewer System I
Permit Number: 85-03-0-03
The ordinance shall be adopted by the permittee no later than March 1, 2006 and enforced
for the remainder of the duration of the permit.
2. Construction Site Review and Inspection Program-The permittee shall require site plan and
pollution prevention plan review and approval by the permittee prior to issuance of any
permits for the site by the permittee for construction activities for which an NPDES permit
is required. The program shall require compliance with the Department's Storm Water
General Permit no. 2 and inspections by the permittee of all sites for which coverage under
General Permit no. 2 is required. The program shall require each of these sites be inspected
by the permittee at least once each calendar year and when a complaint is received for a
construction site.
The program shall be implemented no later than March 1, 2006 by the Building Inspection
Department and for the remainder of the duration of the permit.
E. Post-construction Storm Water Mana eg ment
The permittee shall develop, implement and enforce a program to address storm water runoff from new
construction and re-construction projects for which storm water permit coverage is required. The
program must ensure that controls are in place that will prevent or minimize water quality impacts and
shall include the following:
1. Post-Construction Runoff Control Policy Ordinance—An ordinance shall be adopted which
will address the control of runoff from building activities after construction has been
completed. The ordinance shall require water quality and quantity components be
considered in the design of new construction and implemented when practical. . The
statement shall promote the use of storm water detention and retention, grass swales,
bioretention swales, riparian buffers and proper operation and maintenance of these
facilities.
The ordinance shall be adopted by the permittee no later than March 1, 2007 and enforced
by the Engineering and Planning Department no later than March 1, 2007 and for the
remainder of the duration of the permit.
2. Site Plan Review Procedures — Site plan review procedures for areas of development or re-
development which are required to obtain NPDES permit coverage shall be developed and
implemented. The procedures shall be intended to ensure compliance with the post-
construction site runoff control ordinance.
The procedures shall be developed no later than March 1, 2005 and implemented by the
Engineering Department no later than March 1, 2006 and for the remainder of the duration
of the permit.
3. Ordinance Development Workshop — A workshop for developers and engineers shall be
conducted to solicit input on the contents of the post-construction site runoff control
ordinance.
The workshop shall be held no later than March 1,2006 by the Engineering Department.
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! Permit Number: 85-03-0-03
4. Inspection of Runoff Control Devices Storm water control devices and structures that are
part of the MS4 shall be inspected and reviewed for proper maintenance. Educational
materials shall be developed and made available to landowners which outline proper
maintenance procedures. The permittee shall properly maintain and clean its own control
devices and structures.
Inspections shall be conducted by the Engineering Department at least twice each calendar
year beginning no later than March 1, 2005 and for the remainder of the duration of the
permit. The educational materials shall be developed'by the Public Works Department no
later than March 1, 2005 and made available for the remainder of the duration of the permit.
5. Watershed Assessment Program — A watershed assessment program and comprehensive
land use plan shall be developed which outlines measures to be implemented which reduce
flooding, reduce erosion in ditches and streams, improve water quality and reduce
degradation of habitat for fish and wildlife. The permittee shall then implement the
program whenever possible to meet these goals.
The program shall be established by the permittee no later than March 1, 2007 and
implemented by the Engineering Department for the remainder of the duration of the permit.
F. Pollution Prevention/Good Housekeeping
The permittee shall develop and implement an operation and maintenance program, including a training
component, that shall prevent or reduce pollutant runoff from municipal operations and that shall include
the following:
1. Operation and Maintenance Program for MS4—A program for inspecting, maintaining and
cleaning all components of the MS4 including street sweeping shall continue to be
implemented. All components of the MS4 shall be visually inspected at least once every ten
years and maintenance performed as appropriate. Street sweeping shall be conducted in the
months of April through November with all streets being swept at least twice each calendar
year.
The program shall be implemented by the Public Works Department no later than the issue
date of the permit and for the remainder of the duration of the permit.
2. Pesticide and Fertilizer Management Program — A pesticide and fertilizer management
program shall be developed, implemented and enforced which shall reduce pollutant
discharge associated with storage, application and disposal of pesticides and fertilizers for
municipal operations. The program shall identify all entities that apply pesticides and
fertilizers, require that application of these chemicals be applied by properly trained
individuals, require training on management techniques addressing storage, application and
disposal. Data regarding the application rates of pesticides and fertilizers shall be gathered
and evaluated to determine if lower rates would be equally effective. Should it be
determined that lower application rates would be equally or nearly as effective it shall be
required that the lower rates be applied.
The program shall be developed by the Public Works Department no later than March 1,
2005 and fully implemented no later than March 1, 2005 and for the remainder of the
duration of the permit.
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Permit Number: 85-03-0-03
3. Training Program for Municipal Employees — The permittee shall develop an operations
manual and program for training municipal employees regarding practices to be
implemented in city operations to reduce pollutants in storm water.
The program shall be developed and implemented by the Public Works Department no later
than March 1, 2006 and for the remainder of the duration of the permit.
PART III. REPORTING REQUIREMENTS
Annual Report
The permittee shall prepare an annual report to be submitted to the Department no later than March 31 of
each calendar year with the first report due in calendar year 2005. The report shall include the following:
1. The status of implementing the components of the storm water pollution prevention and
management plan. Any modifications developed by the permittee and approved by the
Department or required by the Department shall also be addressed.
2. The status of compliance with any compliance schedule established by this permit or by
any modifications to this permit.
3. A summary of all revisions to the approved management plan.
4. A summary of the data, including monitoring data, that is generated within the reporting
period including a narrative description of storm water quality improvements or
degradation.
5. An estimate of the previous fiscal year's expenditures for implementation of the
management plan and the budget for the current fiscal year.
6. A summary describing the number and nature of inspections, enforcement actions, illicit
discharges discovered, public education programs conducted, public meetings held and any
other actions taken by the permittee required by this permit during the reporting period.
PART IV. SPECIAL CONDITIONS
Only storm water, allowable non-storm water, and pollutants for which an NPDES permit has been
issued and when the discharge is in compliance with the permit, are allowed to be discharged to the MS4.
The permittee shall not have nor allow any discharge of pollutants from a site, facility or source for
which an NPDES permit is required unless an NPDES permit has been issued for the discharge. Upon
discovery of any unpermitted discharge for which a permit is required or, if an NPDES permit has been
issued for the discharge, a discharge not in compliance with the permit, the permittee shall report the
discharge to the Department no later than the end of the next business day after the discharge is
discovered. Floor drains and other potential sources of pollutants shall be considered discharges even if
no actual pollutants have been observed entering the MS4 from such a source.
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. City of Ames Municipal Separate Storm Sewer System
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Permit Number: 85-03-0-03
The permittee is prohibited from issuing any permit, authorization or license allowing any construction,
excavating, clearing, grubbing, or any other soil disturbing activity and is prohibited from allowing a
person, persons, company, political unit or other entity, public or private, from doing same for which, in
whole or as part of another project, coverage under an NPDES permit is required without first ensuring
that a storm water authorization from the Department has been issued for the activity.
A construction site inspection program shall be developed and implemented for construction projects
owned or operated by the permittee that include areas of soil disturbance for which NPDES permits are
required. The inspection program shall be used to ensure that contractors are correctly implementing
BMPs which have been approved in the pollution prevention plan and any additional necessary measures.
The program shall require inspections by the permittee at least every 7 days and within 2 business days of
a 0.50 inch or greater rain event and include any other provisions necessary to ensure compliance by
contractors with the storm water General Permit no. 2. Inspections required by General Permit no. 2
must also be conducted by the contractors or the permittee including inspections within 24 hours of the
end of a 0.50 inch or greater rain event.
A map of the MS4, including all outfalls, shall be maintained for the duration of this permit.
All salt storage shall be in a structure impervious to precipitation and any spillage due to handling
activities in an area subject to runoff shall be immediately removed.
The manner in which actions required by this permit are accomplished by the permittee is subject to
review and approval by the Department. Should the Department give notice to the permittee that the
approach used by the permittee to comply with any permit provision is unacceptable, the permittee must
modify its approach as required in order to be considered in compliance with the permit.
PART V. STANDARD CONDITIONS
A. Pemittee's Duty to Comply
The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a
violation of the Clean Water Act (CWA) and is grounds for enforcement action; for permit termination,
revocation and reissuance, or modification; or for denial of a permit renewal application. Issuance of this
permit does not relieve you of the responsibility .to comply with all local, state and federal laws,
ordinances, regulations or other legal requirements applying to the operation of your facility(see 40 CFR
122.41(a) and 567-64.3(11) IAC).
B. Duty to Provide Information
The permittee shall furnish to the Department, within a time specified by the Department, any
information that the Department may request to determine whether cause exists for modifying, revoking
and reissuing, or terminating this permit or to determine compliance with this permit.You must also furnish
to the Director, upon request, copies of any records required to be kept by this permit.
C. Need to Halt or Reduce Activity Not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt
or reduce the permitted activity in order to maintain compliance with the conditions of this permit.
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Permit Number: 85-03-0-03
D. SignatM Requirements
Storm Water Pollution Prevention Plans, reports, certifications or information either submitted to the
Department or that this permit requires be maintained by the permittee, shall be signed as follows:
For a municipality, State, Federal, or other public facility: by either a principal executive officer or
ranking elected official. For purposes of this section, a principal executive officer of a Federal agency
includes 1) the chief executive officer of the agency, or 2) a senior executive officer having
responsibility for the overall operations of a principal geographic unit of the agency.
Certification Any person signing documents shall make 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.
E. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this
permit that has a reasonable likelihood of adversely affecting human health or the environment.
F. Property Rights
The issuance of this permit does not convey any property rights of any sort,nor any exclusive privileges,
nor does it authorize any injury to private property nor any invasion of personal rights, nor any
infringement of Federal, State, or local laws or regulations.
G. Severability
The provisions of this permit are severable, and if any provision of this permit, or the application of any
provision of this permit to any circumstance, is held invalid, the application of such provision to other
circumstances, and the remainder of this permit shall not be affected thereby.
H. State/Environmental Laws
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the
permittee from any responsibilities, liabilities, or penalties established pursuant to any applicable State
law or regulation under authority preserved by Section 510 of the Act. No condition of this permit shall
release the permittee from any responsibility or requirements under other environmental statutes,
regulations or permits.
I. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of treatment and
control (and related appurtenances) that are installed or used by the permittee to achieve compliance with
the conditions of this permit and with the requirements of storm water pollution prevention plans. Proper
operation and maintenance also includes adequate laboratory controls and appropriate quality assurance
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procedures. Proper operation and maintenance requires the operation of backup or auxiliary facilities or
similar systems, installed by the permittee only when necessary to achieve compliance with the
conditions of the permit.
J. Inspection and Entry
The permittee shall allow the Department, an authorized representative or an authorized representative of
the municipal operator of the separate storm sewer receiving the discharge, upon the presentation of
credentials and other documents as may be required by law, to: enter upon the permittee's premises
where a regulated facility or activity is located or conducted or where records must be kept under the
conditions of this permit; have access to and copy at reasonable times, any records that must be kept
under the conditions of this permit; inspect at reasonable times any facilities or equipment (including
monitoring and control equipment); and to sample any discharge of pollutants.
K. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by
the permittee for a permit modification, revocation and reissuance, or discontinuance, or a notification of
planned changes or anticipated noncompliance does not stay any permit condition. This permit may be
modified due to conditions or information on which this permit is based, including any new standard the
Department may adopt that would change the required effluent limits.
L. Potential or Realized Impacts on Water Quality
If there is evidence indicating potential or realized impacts on water quality or on a listed endangered
species due to any storm water discharge associated with industrial activity covered by this permit, the
permit shall be modified to include different limitations and/or requirements of the Pollution Prevention
Plan and it's implementation.
M. Failure to submit fees
This permit may be revoked, in whole or in part, if the appropriate permit fees are not submitted within
sixty(60)days of the date of notification that such fees are due.
N. Penalties For Violations of Permit Conditions
Section 309 of the CWA provides significant penalties for a person(s) who violates a permit condition
implementing Section 301, 302, 306, 307, 318, or 405 of the CWA, or any permit condition or limitation
implementing any such sections in a permit issued under Section 402. Any person(s) who violates any
condition of this permit is subject to a civil penalty not to exceed $25,000 per day of such violation, as
well as any other appropriate sanction provided by Section 309 of the CWA.
PART VI. DEFINITIONS
Allowable Non-Storm Water means: discharges from fire fighting activities, fire hydrant flushings,
potable water sources, waterline flushings, uncontaminated groundwater, foundation or footing drains
where flows are not contaminated with process materials such as solvents, springs, riparian habitats,
wetlands, irrigation water, air conditioning condensate, exterior building washwater when no
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detergents or other surfactants are used and pavement washwaters where spills or leaks of toxic.or
hazardous materials have not occurred and when no detergents or other surfactants are used.
Best Management Practices ("BMPs") means schedules of activities, prohibitions of practices,
maintenance procedures, and other management practices to prevent or reduce the pollution of waters
of the State. BMPs also include treatment requirements, operating procedures, and practices to control
facility site runoff, spillage or leaks, sludge or,waste disposal, or drainage from raw material storage.
Calendar Quarter means each of the following periods: December thru February, March thru May,
June thru August and September thru November.
CWA means Clean Water Act (formerly referred to as the Federal.Water Pollution Control Act or
Federal Water Pollution Control Act Amendments of 1972).
Department means the Iowa Department of Natural Resources (IDNR) or an authorized representative.
Discharge means the release of water and any elements, compounds and particles contained within or
upon,from property owned or controlled by an individual,individuals, or entity.
Facility means any entity which discharges storm water.
Municipal separate storm sewer system means the conveyance or system of conveyances including
storm sewers,roadways,roads with drainage systems, catch basins, curbs, gutters, ditches, constructed
channels and storm drains owned or operated by the permittee.
Outfall means the point at which water or any other material leaves or may leave the municipal
separate storm sewer system and also means the point at which water or any other material leaves or
may leave an enclosed conveyance that is part of the municipal-separate storm sewer system and enters
an open conveyance that is also part of the municipal separate storm sewer system.
Permittee means the City of Ames.
Point source means any discernible, confined, and discrete conveyance, including but not limited to,
any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated
animal feeding operation, landfill leachate collection system, vessel or other floating craft from which
pollutants are or may be discharged. This term does not include return flows from irrigated agriculture
or agricultural storm water runoff.
Significant materials includes, but is not limited to: raw materials; fuels; materials such as solvents,
detergents, and plastic pellets;.finished materials such as metallic products; raw materials used in food
processing or production; hazardous substances designated under Section 101(14) of Comprehensive
Environmental Response, Compensation and Liability Act (CERCLA); any chemical the facility is
required to report pursuant to Emergency Planning and Community Right-to-Know Act (EPCRA)
Section 313; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the
potential to be released with storm water discharges.
Storm water means storm water runoff, snow melt runoff, and surface runoff and drainage.
Storm water discharge associated with industrial activity means the discharge from any conveyance
that is used for collecting and conveying storm water and that is directly related to manufacturing,
processing or raw materials storage areas at an industrial plant. The term does not include discharges
from facilities or activities excluded from the NPDES program. For the categories of industries
identified in paragraphs (i) through (x) of this definition, the term includes, but is not limited to, storm
water discharges from industrial plant yards; immediate access roads and rail lines used or traveled by
carriers of raw materials,manufactured products,waste material, or by-products used or created by the
facility; material handling sites; refuse sites; sites used for the application or disposal of process waste
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City of Ames Municipal Separate Storm Sewer System
Permit Number: 85-03-0-03
waters (as defined at 40 CFR Part 401); sites used for the storage and maintenance of material
handling equipment; sites used for residual treatment, storage, or disposal; shipping and receiving
areas; manufacturing buildings; storage areas (including tank farms) for raw materials, and
intermediate and finished products; and areas where industrial activity has taken place in the past and
significant materials remain and are exposed to storm water. For the categories of industries identified
in paragraph (xi) of this defmition, the term includes only storm water discharges from all areas
(except access roads and rail lines) listed in the previous sentence where material handling equipment
or activities, raw materials, intermediate products, final products, waste materials, by-products, or
industrial machinery are exposed to storm water. For the purposes of this paragraph, material handling
activities include the storage, loading and unloading, transportation, or conveyance of any raw
material, intermediate product, finished product, by-product or waste product. The term excludes
areas located on plant lands separate from the plant's industrial activities, such-as office buildings and
accompanying parking lots as long as the drainage from the excluded areas is not mixed with storm
water drained from the above described areas. Industrial facilities (including industrial facilities that
are Federally, State, or municipally owned or.operated that meet the description of the facilities listed
in paragraphs (i) to (xi) of this definition) include those facilities designated under 122.26(a)(1)(v).
The following categories of facilities are considered to be engaging in "industrial activity" for
purposes of this subsection.
Facilities subject to storm water effluent limitations guidelines, new source performance
standards, or toxic pollutant effluent standards under 40 CFR Subchapter N (except facilities
with toxic pollutant effluent standards that are exempted under category(xi) of this definition);
Facilities classified as Standard Industrial Classifications 24 (except 2434), 26 (except 265 and
267), 28 (except 283 and 285), 29, 311, 32 (except 323), 33, 3441, 373;
Facilities classified as Standard Industrial Classifications 10 through 14 (mineral industry)
including active or inactive mining operations (except for areas of coal mining operations no
longer meeting the definition of a,reclamation area under 40 CFR 434.11(1) because the
performance bond issued to the facility by the appropriate SMCRA authority has been released,
or except for areas of non-coal mining operations that have been released from applicable State
or Federal reclamation requirements after December 17, 1990) and oil and gas exploration,
production, processing, or treatment operations, or transmission facilities that discharge storm
water contaminated by contact with or that has come into contact with, any overburden, raw
material, intermediate products, finished products, byproducts or waste products located on the
site of such operations; inactive mining operations are mining sites that are not being actively
mined.but that have an identifiable owner/operator;
Hazardous waste treatment, storage, or disposal facilities, including those that are operating
under interim status or a permit under Subtitle C of RCRA;
Landfills, land application sites, and open dumps that have received any industrial wastes (waste
that is received from any of the facilities described under this subsection) including those that
are subject to regulation under Subtitle D of RCRA;'
Facilities involved in the recycling of materials, including metal scrap yards, battery reclaimers,
salvage yards, and automobile junkyards, including but limited to those classified as Standard
Industrial Classification 5015 and 5093;
Steam electric power generating facilities, including coal handling sites;
Transportation facilities classified as Standard Industrial Classifications 40, 41, 42 (except
4221-25), 43, 44, 45 and 5171 that have vehicle maintenance shops, equipment cleaning
operations, or airport deicing operations. Only those portions of the facility that are either
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City of Ames Municipal Separate Storm Sewer System •`
Permit Number: 85-03-0-03
involved in vehicle maintenance (including vehicle rehabilitation, mechanical repairs, painting,
fueling, and lubrication), equipment cleaning operations, airport deicing operations, or that are
otherwise identified under paragraphs (i) to (vii) or (ix) to (xi) of this subsection are associated
with industrial activity;
Treatment works treating domestic sewage or any other sewage sludge or wastewater treatment
device or system, used in the. storage treatment, recycling, and reclamation of municipal or
domestic sewage, including land dedicated to the disposal of sewage sludge that are located
within the confines of the facility,with a design flow of 1.0 mgd or more, or required to have an
approved pretreatment program under 40 CFR Part 403. Not included are farm lands, domestic
gardens or lands used for sludge management where sludge is beneficially reused and that are
not physically located in the confines of the facility, or areas that are in compliance with 40
CFR Part 503; 1
Construction activity including clearing, grading and excavation activities that result in the
disturbance of 1 acre or more of total land area or which result in the disturbance of less than 1
acre but are part of a larger common plan of development or sale of 1 acre or more;
Facilities.under Standard Industrial Classifications 20, 21, 22, 23, 2434, 25, 265, 267, 27, 283,
285, 30, 31 (except 311), 323, 34 (except.3441), 35, 36, 37 (except 373), 38, 39, 4221-25, (and
that are not otherwise included within categories(i)to(x)).
Waters of the State means any river, stream, lake, pond, marsh, watercourse, waterway, well, spring,
reservoir, aquifer, irrigation system, drainage system and any other body or accumulation of water,
surface or underground, natural or artificial, public or private, which are contained within, flow
through or border upon the state or any portion thereof.
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