§ 6.20.010. Findings of fact.

(a)

The USEPA'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 stormwater from a municipal separate storm sewer system (MS4) (MS4 permit). The city of Council Bluffs (city) is subject to the program and is required to obtain, and has obtained, an MS4 permit; city's MS4 permit is on file at the office of the city clerk and is available for public inspection during regular office hours.

(b)

As a condition of city's MS4 permit, city is obliged to adopt and enforce a post-construction stormwater control ordinance.

(c)

No state or federal funds have been made available to assist city in administering and enforcing the program. Accordingly city shall fund its operations under the ordinance codified in this chapter entirely by charges imposed on the owners or developers 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.

(d)

Land development and associated increases in impervious cover alter the hydraulic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, and sediment transport and deposition; this stormwater runoff contributes to increased quantities of water-borne pollutants and can be controlled and minimized through the regulation of stormwater runoff from development sites.

(e)

Therefore, city established this set of water quality and quantity policies applicable to all surface waters to provide reasonable guidance for the regulation of stormwater runoff for the purpose of protecting local water resources from degradation. It is determined that the regulation of stormwater runoff discharges from land development and other construction activities in order to control and minimize stormwater runoff rates and volumes, soil erosion, stream channel erosion, and nonpoint source pollution associated with stormwater runoff, is in the public interest and will prevent threats to public health and safety.

(Ord. No. 6157, § 1, 6-25-2012).