HomeMy WebLinkAboutA002 - Council Action Form dated February 14, 2006 Item #
Date: February 14, 2006
COUNCIL ACTION FORM
SUBJECT: ORDINANCE REGULATING CONSTRUCTION SITE EROSION AND
SEDIMENT CONTROL
BACKGROUND:
In April 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. The permit, effective through April 2009, requires the city to implement
measures to reduce pollutants in storm water from illicit discharges and construction
sites, to provide public education and allow public participation, to minimize pollutants
from municipal operations and to address post-construction runoff. See attached copy
of MS4 permit.
One of the specific requirements of the MS4 permit is to develop a construction site
erosion and sediment control ordinance. Construction activity that disturbs one or more
acres must be covered by NPDES General Permit No. 2 from the Iowa Department of
Natural Resource's (IDNR) before any soil is disturbed at the site. The permit must be
continued until all building is completed and the ground is completely stabilized with a
permanent, perennial, vegetative cover. For residential and commercial developments,
this permit must be maintained after initial grading and street construction and until all
houses and buildings are constructed and the ground has been stabilized.
In general, the ordinance enables city staff to enforce compliance with General Permit
No. 2 as required in the city's MS4 permit. It is certainly not staff's intent to vigorously
enforce the punitive sections of the ordinance, but rather we will initially strive to provide
information in the educational component about the storm water problems created by
construction activities.
The construction site runoff control program specified in the attached ordinance will
include a requirement for a city grading permit, which will enable staff to review and
approve the storm water pollution prevention plans prior to an land disturbing activity
taking place. In conjunction with the grading permit application, the applicant shall post
security for compliance with all requirements imposed by General Permit No. 2 and this
ordinance. This amount is designated in the ordinance to be $500 per acre of disturbed
area only for sites above five acres. This security will provide the city the means to
stabilize any disturbed areas if a contractor abandons the site. By having a five acre
minimum, individual home builders (not associated with a larger development) will not
be burdened with the security requirement.
The city's MS4 permit requires staff to inspect each construction site at least twice each
calendar year and as complaints are received. That element of the ordinance will be
enforced with the initial contact used for educational purposes versus punitive charges.
Staff has worked with the Storm Water Advisory Committee, the Ames Home Builders
Association, developers, and engineers to review the language and to insure the
appropriateness of the ordinance. The Storm Water Advisory Committee is made up of
design professionals, developers, and environmental enthusiasts.
ALTERNATIVES:
1. Adopt the ordinance as developed to meet the requirements of the NPDES MS4
permit on first reading.
2. Reject the ordinance and direct the City Attorney to modify the provisions.
3. Reject the ordinance, which will eventually bring about NPDES MS4 permit
noncompliance situations.
MANAGER'S RECOMMENDED ACTION:
This ordinance was developed from a statewide standard model ordinance. The city is
required under our NPDES MS4 permit to adopt the ordinance. The city will approach
implementing these provisions from an educational standpoint rather than from a
punitive aspect.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, thereby adopt the ordinance as developed to meet the requirements
of the NPDES MS4 permit on first reading.
Attachment