HomeMy WebLinkAboutA005 - Memo from City Attorney dated June 8, 2001 - remediation of erosion and sediment run-off Memo
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TO: Steve Schainker, City Manager
FROM: John R. Klaus, City Attorney
DATE: June 8, 2001
SUBJECT: Sediment Run-off Control -Northridge Heights Subdivision
This is in response to your request of Tuesday,June 5,for analysis of what the City can legally do to compel
remediation of reported erosion and sediment run-off from the subject subdivision onto adjoining property.
The matter is governed by the rules of the Iowa Department of Natural Resources promulgated at 567 Iowa
Administrative Code Sec.64.3. This is recognized by Section 23.408 of the Ames Code which requires that:
"The subdivider shall provide to the City a copy of the NPDES Discharge Permit
Authorization from the Iowa Department of Natural Resources for coverage of the
subdivision."
The DNR has issued,with respect to the subject subdivision,NPDES General Permit No.2:IA-4542-4380.
As shown by the attached materials, a complaint was made to the DNR on December 11, 2000. A DNR
investigation ensued with respect to compliance with regulations and NPDES permit conditions. That
investigation culminated in ceratin DNR enforcement measures,and a response by the property owners. (See
attached materials.)
In Iowa,before a landowner can be held to remediation of prohibited discharge,an action must be brought
by the DNR or an affected citizen. Alladin Inc. v. Black Hawk County (1997) 562 N.W.2d 608, 615. A
citizen cannot bring an action if the DNR has commenced enforcement proceedings. Williams Pipeline
Company v. Bayer Corporation (1997) 964 F.Supp. 1300, 1329; but, the affected property owner can
intervene in court proceedings brought by the DNR. Sec. 455B.111(2) Code of Iowa.
The City has no legal standing to maintain litigation to compel remediation of the sediment run-off.
JRK:dls
c: Paul Wiegand
Brian O'Connell