Section 12.18.010 Findings.

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 storm water from a Municipal Separate Storm Sewer System (MS4) (MS4 Permit). The City of Sioux City, Iowa (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 city 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 ordinance, every applicant bears final and complete responsibility for compliance with a State NPDES General Permit #2 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 inspections, monitoring and enforcement of the Program by adopting a “Construction Site Erosion and Sediment Control Ordinance” (COSESCO) 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 be subject to the terms of the COSESCO; and

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

4. No state or federal funds have been made available to assist the City with inspections, monitoring and/or enforcing the Program. Accordingly, the City shall fund its 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, and/or other sources of funding established by a separate ordinance.