(A)
Applicability.
(1)
It shall be unlawful for any person to place, deposit, or permit
to be deposited in any unsanitary manner upon public or private property
within the Village or in any area under the jurisdiction of the Village,
any human or animal excrement, garbage, or other objectionable waste.
(2)
This Article 4 shall apply to all water entering the storm drain
system generated on any developed and undeveloped lands unless explicitly
exempted by the Village.
(3)
All buildings, structures and premises located within the Village
shall be connected to the sanitary sewer system of the Village.
(B)
AUTHORIZED ENFORCEMENT AGENCY
BEST MANAGEMENT PRACTICES (BMPS)
CLEAN WATER ACT
CONSTRUCTION ACTIVITY
HAZARDOUS MATERIALS
ILLEGAL DISCHARGE
ILLICIT CONNECTION
(1)
(2)
INDUSTRIAL ACTIVITY
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER
DISCHARGE PERMIT
NON-STORMWATER DISCHARGE
POLLUTANT
PREMISES
REVERSE-SLOPE GARAGE
STORM DRAINAGE SYSTEM
STORMWATER
STORMWATER MANAGEMENT PLAN
WASTEWATER
Definitions. For the purposes of this Article 4, the following terms shall have the meanings set forth in this Section 12-4-1(B).
Employees or designees of the Village Director of Public
Works.
Schedules of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices
to prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters, or stormwater conveyance systems.
BMPs also include treatment practices, operating procedures, and practices
to control site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), as may be amended.
Activities subject to NPDES construction permits. These include
construction projects resulting in land disturbance of one acre or
more. Such activities include, but are not limited to, clearing and
grubbing, grading, excavating, and demolition.
Any material, including any substance, waste, or combination
thereof, which, because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
Any direct or indirect non-stormwater discharge to the storm drain system, except as exempted in Section 12-4-10 of this Code.
An "illicit connection" is defined as either of the following:
Any drain or conveyance, whether on the surface or subsurface,
that allows an illegal discharge to enter the storm drain system including,
but not limited to, any conveyances that allow any non-stormwater
discharge including sewage, process wastewater, and wash water to
enter the storm drain system and any connections to the storm drain
system from indoor drains and sinks, regardless of whether said drain
or connection had been previously allowed, permitted, or approved
by an authorized enforcement agency; or
Any drain or conveyance connected from a commercial or industrial
land use to the storm drain system that has not been documented in
plans, maps, or equivalent records and approved by an authorized enforcement
agency.
Activities subject to NPDES industrial stormwater permits
as defined in 40 CFR 122.26(b)(14).
The system of conveyances (including sidewalks, roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) owned and operated by
the Village and designed or used for collecting or conveying stormwater,
and that is not used for collecting or conveying sewage.
A permit issued by EPA [or by a state under authority delegated
pursuant to 33 U.S.C. § 1342(b)] that authorizes the discharge
of pollutants to waters of the United States, whether the permit is
applicable on an individual, group, or general area-wide basis.
Any discharge to the storm drain system that is not composed
entirely of stormwater.
Anything which causes or contributes to pollution. Pollutants
may include, but are not limited to: paints, varnishes, and solvents;
oil and other automotive fluids; nonhazardous liquid and solid wastes
and yard wastes; refuse, rubbish, garbage, litter, or other discarded
or abandoned objects, ordinances, and accumulations, so that same
may cause or contribute to pollution; floatables; pesticides, herbicides,
and fertilizers; hazardous substances and wastes; sewage, fecal coliform
and pathogens; dissolved and particulate metals; animal wastes; wastes
and residues that result from constructing a building or structure;
and noxious or offensive matter of any kind.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
A garage for which the point of access is below the grade
of the public street from which driveway access to the garage is provided.
[Added 6-15-2021 by Ord. No. 2021-3535]
Publicly owned facilities by which stormwater is collected
and/or conveyed, including, but not limited to, any roads with drainage
systems, municipal streets, gutters, curbs, inlets, piped storm drains,
pumping facilities, retention and detention basins, natural and human-made
or altered drainage channels, reservoirs, and other drainage structures.
Any surface flow, runoff, and drainage consisting entirely
of water from any form of natural precipitation, and resulting from
such precipitation.
A document which describes the best management practices
and activities to be implemented by a person or business to identify
sources of pollution or contamination at a site and the actions to
eliminate or reduce pollutant discharges to stormwater, stormwater
conveyance systems, and/or receiving waters to the maximum extent
practicable.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
It shall be unlawful to construct or maintain any privy, privy
vault, septic tank, cesspool, or other facility intended or used for
the disposal of sewage.
(A)
All buildings, structures or premises zoned for industrial use shall
be connected to separate sewers for stormwater and sanitary sewage,
provided that separate sewers are available in the vicinity of the
building, structure, or premises.
(B)
Without limitation of the general authority of the Village to amend
this Code, in the event that the Village determines that nondomestic
discharges from industrial uses tributary to the combined sewer outflow
are significantly impacting water quality in downstream areas, the
Village may, but shall not be obligated to, amend this Article 4 to
control pollutants in those discharges.
(A)
No stormwater drainage system draining vacant lands of one acre or
more in area within the Village shall be connected to any stormwater
sewers or combination stormwater and sanitary sewers of the Village
until such time as the stormwater facilities of the Village are expanded
or otherwise made adequate to serve such vacant tracts without endangering
the public health, safety and welfare of the Village and the residents
thereof.
(B)
Upon installation of a new storm sewer in an area served by a combined
sanitary and storm sewer system, all inflow sources that exist in
immediate proximity of the new storm sewer shall be: 1) connected
to the new storm sewer within one year of completion thereof; and
2) completely disconnected from the combined sewer system. All remaining
connections to the combined sewer system shall be permanently abandoned
to prevent any future connection of inflow sources.
[Amended 2-21-2017 by Ord. No. 2017-3252]
(A)
No
footing drains or drainage tile shall be connected to the sanitary
sewer or combined sewers.
(B)
Footing drains shall be connected to sump pumps, and discharge shall
be made into storm sewers or into drainage ditches, unless an alternate
discharge method has been approved in advance and in writing by the
Village Engineer. All footing drains and sump pumps constructed or
installed after May 1, 2017, must discharge into drainage ditches
or storm sewers a minimum of five feet away from the property line,
and in a manner so as not to flow toward adjacent buildings.
(C)
All footing drains and sump pumps, whether new or preexisting, must
be located so they do not, in the opinion of the Village Engineer,
damage or create a nuisance to the subject property or adjacent properties.
(A)
Downspouts, rainwater leaders, cisterns and overflows shall not be
connected to any sanitary or combined sewer within the Village.
(B)
Downspouts and rainwater leaders may be connected to separate storm
sewers upon the prior written approval of the Community Development
Director.
(C)
All downspouts constructed after May 1, 2017, must discharge toward
the front or rear of the property and not toward adjacent properties.
[Added 2-21-2017 by Ord.
No. 2017-3252]
(D)
All downspouts, whether new or preexisting, must be located so they
do not, in the opinion of the Village Engineer, damage or create a
nuisance to the subject property or adjoining properties.
It shall be unlawful for any person to injure, deface, mar,
damage, destroy or in any manner to interfere with any equipment or
any other part of the municipal storm or sanitary sewerage system.
It shall be unlawful for any person to, in any manner, obstruct
or cause to be obstructed the free access of any duly authorized officer
or employee of the Village to any equipment or any portion of the
storm or sanitary sewerage system by any means or device whatsoever,
or to prevent free access thereto by such officer or employee.
It shall be unlawful for any person to cause or allow to be discharged sewage or wastes of any kind into any waters, or sewerage system of the Village which does not conform to the criteria or water quality standards established in this Section 12-4-9.
The following are the maximum concentrations acceptable for
discharge in the municipal sewerage system:
|
Waste or Chemical
|
Concentration mg/l
|
|---|---|
|
Boron
|
1.0
|
|
Chromium (total)
|
25.0
|
|
Chromium (hexavalent)
|
10.0
|
|
Copper
|
3.0
|
|
Cyanide (total)
|
10.0
|
|
Cyanide (readily released at 150° and pH = 4.5)
|
2.0
|
|
Iron
|
50.0
|
|
Lead
|
0.5
|
|
Nickel, temperature not over 150° F. (65° C.)
|
10.0
|
|
pH
|
4.5 - 10.0
|
|
Zinc
|
15.0
|
|
Cadmium
|
2.0
|
|
Any discharge of wastes or waters into a sewer which terminates
in or is a part of the sewerage system of the Village must not contain
the following:
|
(A)
Fats, oils or greases. Water or wastes containing more than 100 milligrams
per liter of fats, oils or greases (hexane solubles).
(B)
Flammable or explosive liquids, solids or gases. Liquids, solids
or gases which by reason of their nature or quantity are sufficient
to cause fire or explosion or be injurious in any other way to the
sewerage system or to the operation of the water reclamation plants.
(C)
Noxious or malodorous liquids, gases or substances. Noxious or malodorous
liquids, gases or substances which either singly or by interaction
with other wastes are sufficient to create a public nuisance or hazard
to life, to cause injury or to prevent entry into the sewers for their
maintenance and repair.
(D)
Toxic substances. Water or wastes containing toxic substances in
quantities which are sufficient to interfere with the biological processes
of the water reclamation plants.
(E)
Nonground garbage. Garbage that has not been ground or comminuted
to such a degree that all particles will be carried freely in suspension
under conditions normally prevailing in public sewers, with no particle
greater than 1/2 inch in any dimension.
(F)
Radioactive wastes. Radioactive wastes, except in compliance with
all applicable federal and state laws and regulations.
(G)
Solid or viscous wastes. Solid or viscous wastes which cause obstruction
to flow in sewers or other interference with the proper operation
of sewerage systems or water reclamation plants, such as grease, uncomminuted
garbage, animal guts or tissues, paunch manure, bone, hair, hides,
fleshings, entrails, feathers, sand, cinders, ashes, spent lime, stone
or marble dust, metal, glass, straw, shavings, grass clippings, rags,
spent grain, wastepaper, wood, plastic, gas, tar, asphalt residues,
residues from refining or processing of fuel or lubricating oil, gasoline,
naphtha, and similar substances.
(H)
High temperature liquids or vapors. Liquids or vapors having a temperature
higher than 150° F. at the point of entrance into public sewers.
(I)
Hard to treat waters or waste. Waters or waste containing substances
which are not amenable to treatment or reduction by the sewage treatment
process employed or are amenable to treatment only to such degree
that the water reclamation plants' effluent cannot meet the requirements
of other agencies having jurisdiction over discharge to the receiving
waters.
(J)
Dye waste and vegetable tanning solutions. Excessive discoloration
such as, but not limited to, dye waste and vegetable tanning solutions.
(K)
Mercury as Hg. Concentrations of mercury shall not exceed the standards
set forth in the Illinois Pollution Control Board's Mercury Regulation
No. R 70-5, adopted March 31, 1971.
(A)
The commencement, conduct or continuance of any illegal discharge
to the storm drain system is prohibited except as described as follows:
(1)
The following discharges are exempt from discharge prohibitions
established by this Article 4: water line flushing, landscape irrigation,
diverted stream flows, rising groundwaters, uncontaminated groundwater
infiltration, uncontaminated pumped groundwater, discharges from potable
water sources, foundation drains, air conditioning condensation, irrigation
water, springs, water from crawl space pumps, footing drains, lawn
watering, individual residential car washing, flows from riparian
habitats and wetlands, dechlorinated swimming pool discharges, and
street wash water.
(2)
Discharges or flow from firefighting, and other discharges specified
in writing by the Village as being necessary to protect public health
and safety.
(3)
Discharges associated with dye testing, however, this activity
requires a verbal notification to the Village prior to the time of
the test.
(4)
The prohibition shall not apply to any non-stormwater discharge
permitted under an NPDES permit, waiver, or waste discharge order
issued to the discharger and administered under the authority of the
United States environmental protection agency (EPA), provided that
the discharger is in full compliance with all requirements of the
permit, waiver, or order and other applicable laws and regulations,
and provided that written approval has been granted for any discharge
to the storm drain system.
(B)
Illicit connections are prohibited as follows:
(1)
The construction, use, maintenance or continued existence of
illicit connections to the storm drain system is prohibited.
(2)
This prohibition expressly includes, without limitation, illicit
connections made in the past, regardless of whether the connection
was permissible under law or practices applicable or prevailing at
the time of connection.
(3)
A person is considered to be in violation of this Article 4
if the person connects a line conveying sewage to the MS4, or allows
such a connection to continue.
(4)
Improper connections in violation of this Article 4 must be
disconnected and redirected, if necessary, to an approved on-site
wastewater management system or the sanitary sewer system upon approval
of the Village.
(C)
Any drain or conveyance that has not been documented in plans, maps
or equivalent, and which may be connected to the storm sewer system,
shall be located by the owner or occupant of that property upon receipt
of written notice of violation from the Village requiring that such
locating be completed. Such notice will specify a reasonable time
period within which the location of the drain or conveyance is to
be determined, that the drain or conveyance be identified as storm
sewer, sanitary sewer or other, and that the outfall location or point
of connection to the storm sewer system, sanitary sewer system or
other discharge point be identified. Results of these investigations
are to be documented and provided to the Village.
(A)
Any new construction or development which is tributary to an existing
or proposed combined sewer system shall be designed to minimize and/or
delay inflow contribution to the combined sewer system. Techniques,
methods, or devices that delay or restrict inflow into the sewer system
shall be incorporated into any proposed construction and shall be
approved by the Village Engineer prior to installation. All restriction
or delaying methods shall be designed in accordance with all stormwater
management requirements and policies of the Metropolitan Water Reclamation
District of Greater Chicago.
(B)
All new buildings shall include a domestic waste connection distinctly
separate from the building inflow connection in order to facilitate
a disconnection to the combined sewer system upon the availability
of a connection to a storm sewer. Any connection that is not in service
shall be properly capped and sealed to prevent any inflow from entering
the system.
(C)
For all new residential construction, all reconstruction of at least
50% of an existing residential structure, and all additions to existing
residential structures of at least 50% of the square footage of the
existing structure, the owner shall either: (1) provide, proof that
the existing sanitary sewer lateral line and sewer cleanouts are in
a condition of good repair, and capable of being operated in compliance
with applicable laws and regulations; or (2) disconnect the existing
sanitary sewer lateral line from the sewer main, and install a new
sanitary sewer lateral line and/or sewer cleanout.
(D)
Any person subject to an industrial or construction activity NPDES
stormwater discharge permit shall comply with all provisions of such
permit. Proof of compliance with said permit may be required in a
form acceptable to the Village prior to the allowing of discharges
to the MS4.
(E)
The operator of a facility, including construction sites, required
to have an NPDES permit to discharge stormwater associated with industrial
activity shall submit a copy of the notice of intent (NOI) to the
Village at the same time the operator submits the original NOI to
the EPA as applicable.
(F)
The copy of the NOI may be delivered to the Village either in person
or by mailing it to:
|
Village of Lincolnwood — Department of Public Works
Notice of Intent to Discharge Stormwater
6900 N. Lincoln Avenue
Lincolnwood, IL 60712
|
(G)
A person commits a violation if the person operates a facility that
is discharging stormwater associated with industrial activity without
having submitted a copy of the required notice of intent to the Village.
(H)
Reverse-slope
garages may not be constructed except upon the prior approval of:
(1) the Village Engineer, with respect to stormwater considerations;
and (2) the Village Manager, or his or her designee, with respect
to safety of persons or property in the public right-of-way.
[Added 6-15-2021 by Ord. No. 2021-3535]
Every person owning property through which a watercourse passes,
or such person's lessee, shall keep and maintain that part of the
watercourse within the property free of trash, debris, excessive vegetation,
and other obstacles that would pollute, contaminate, or significantly
retard the flow of water through the watercourse. In addition, the
owner or lessee shall maintain existing privately owned structures
within or adjacent to a watercourse, so that such structures will
not become a hazard to the use, function, or physical integrity of
the watercourse.
The Village shall be permitted to enter and inspect facilities
subject to regulation under this Article 4 as often as may be necessary
to determine compliance with this Article 4.
(A)
If a discharger has security measures in force which require proper
identification and clearance before entry into its premises, the discharger
shall make the necessary arrangements to allow access to representatives
of the Village.
(B)
Facility operators shall allow the Village ready access to all parts
of the premises for the purposes of inspection, sampling, examination
and copying of records that must be kept under the conditions of an
NPDES permit to discharge stormwater, and the performance of any additional
duties as defined by state and federal law.
(C)
The Village may set up on any permitted facility such devices as
are necessary in the opinion of the Village to conduct monitoring
and/or sampling of the facility's stormwater discharge.
(D)
The Village may require the discharger to install monitoring equipment
as necessary. The facility's sampling and monitoring equipment shall
be maintained at all times in a safe and proper operating condition
by the discharger at its own expense. All devices used to measure
stormwater flow and quality shall be calibrated to ensure their accuracy.
(E)
Any temporary or permanent obstruction to safe and easy access to
the facility to be inspected and/or sampled shall be promptly removed
by the operator at the written or oral request of the Village and
shall not be replaced. The costs of clearing such access shall be
borne by the operator.
(F)
Unreasonable delays in allowing the Village access to a permitted
facility is a violation of a stormwater discharge permit and of this
Article 4. A person who is the operator of a facility with an NPDES
permit to discharge stormwater associated with industrial activity
violates this Article 4 if the person denies the Village reasonable
access to the permitted facility for the purpose of conducting any
activity authorized or required by this Article 4.
(A)
The Village will adopt requirements identifying best management practices
for any activity, operation, or facility which may cause or contribute
to pollution or contamination of stormwater, the storm drain system,
or waters of the United States. The owner or operator of such activity,
operation, or facility shall provide, at his or her own expense, reasonable
protection from accidental discharge of prohibited materials or other
wastes into the municipal storm drain system or watercourses through
the use of these structural and nonstructural BMPs.
(B)
Further, any person responsible for a property or premises that is, or may be, the source of an illicit discharge, may be required to implement, at said person's expense, additional structural and nonstructural BMPs to prevent the further discharge of pollutants to the MS4. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this Section 12-4-14. These BMPs shall be part of a stormwater management plan (SWMP) as necessary for compliance with requirements of the NPDES permit.
Notwithstanding other requirements of law, as soon as any person
responsible for a facility or operation, or responsible for emergency
response for a facility or operation has information of any known
or suspected release of materials which are resulting or may result
in illegal discharges or pollutants discharging into stormwater, the
storm drain system, or waters of the United States, said person shall
take all necessary steps to ensure the discovery, containment, and
cleanup of such release. In the event of such a release of hazardous
materials, said person shall immediately notify emergency response
agencies of the occurrence via emergency dispatch services. In the
event of a release of nonhazardous materials, said person shall notify
the Village in person or by phone or facsimile no later than the next
business day. Notifications in person or by phone shall be confirmed
by written notice addressed and mailed to the Village within seven
business days of the phone notice. If the discharge of prohibited
materials emanates from a commercial or industrial establishment,
the owner or operator of such establishment shall also retain an on-site
written record of the discharge and the actions taken to prevent its
recurrence. Such records shall be retained for at least three years.
Failure to provide notification of a release as provided above is
a violation of this Article 4.
(A)
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Article 4. Any person who has violated or continues to violate the provisions of this Article 4, may be subject to the enforcement actions outlined in this Section 12-4-16 or may be restrained by injunction or otherwise abated in a manner provided by law. In the event the violation constitutes an immediate danger to public health or public safety, the Village is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property. The Village is authorized to seek costs of the abatement as outlined in Section 12-4-21 of this Code.
(B)
When the Village finds that any person has violated, or continues
to violate, any provision of this Article 4, or any order issued hereunder,
the Village may serve upon that person a written warning notice, specifying
the particular violation believed to have occurred and requesting
the discharger to immediately investigate the matter and to seek a
resolution whereby any offending discharge will cease.
(C)
Investigation and/or resolution of the matter in response to the warning notice in no way relieves the alleged violator of liability for any violations occurring before or after receipt of the warning notice. Nothing in this Section 12-4-16 shall limit the authority of the Village to take any action, including emergency action or any other enforcement action, without first issuing a warning notice.
(D)
Whenever the Village finds that a person has violated a prohibition
or failed to meet a requirement of this Article 4, the Village may
order compliance by written notice of violation to the responsible
person. The notice of violation shall contain all of the following:
(1)
The name and address of the alleged violator;
(2)
The address when available or a description of the building,
structure or land upon which the violation is occurring, or has occurred;
(3)
A statement specifying the nature of the violation;
(4)
A description of the remedial measures necessary to restore
compliance with this Article 4 and a time schedule for the completion
of such remedial action;
(5)
A statement of the penalty or penalties that shall or may be
assessed against the person to whom the notice of violation is directed;
(6)
A statement that the determination of violation may be appealed
to the Village by filing a written notice of appeal within 30 days
of service of notice of violation; and
(7)
A statement specifying that, should the violator fail to restore
compliance within the established time schedule, the work will be
done by a designated governmental agency or a contractor and the expense
thereof shall be charged to the violator.
(E)
Such notice may require any of the following, without limitation:
(1)
The performance of monitoring, analyses, and reporting;
(2)
The elimination of illicit connections or discharges;
(3)
That violating discharges, practices, or operations shall cease
and desist;
(4)
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
(5)
Payment of a fine to cover administrative and remediation costs;
and
(6)
The implementation of source control or treatment BMPs.
(F)
In lieu of enforcement proceedings, penalties, and remedies authorized
by this Article 4, the Village may impose upon a violator alternative
compensatory actions, including, but not limited to, storm drain stenciling,
attendance at compliance workshops, and creek cleanup.
(A)
Emergency order.
(1)
When the Village finds that any person has violated, or continues
to violate, any provision of this Article 4, or any order issued hereunder,
or that the person's past violations are likely to recur, and that
the person's violation(s) has (have) caused or contributed to an actual
or threatened discharge to the MS4 or waters of the United States
which reasonably appears to present an imminent or substantial endangerment
to the health or welfare of persons or to the environment, the Village
may issue an order to the violator directing it immediately to cease
and desist all such violations and directing the violator to:
(2)
Any person notified of an emergency order directed to it under this Section 12-4-17(A) shall immediately comply and stop or eliminate its endangering discharge. In the event of a discharger's failure to immediately comply voluntarily with the emergency order, the Village may take such steps as deemed necessary to prevent or minimize harm to the MS4 or waters of the United States, and/or endangerment to persons or to the environment, including immediate termination of a facility's water supply, sewer connection, or other municipal utility services. The Village may allow the person to recommence its discharge when it has demonstrated to the satisfaction of the Village that the period of endangerment has passed, unless further termination proceedings are initiated against the discharger under this Article 4. A person that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful discharge and the measures taken to prevent any future occurrence, to the Village within seven days of receipt of the emergency order. Issuance of an emergency cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the violator.
(B)
The Village may, without prior notice, suspend MS4 discharge access
to a person when such suspension is necessary to stop an actual or
threatened discharge which presents or may present imminent and substantial
danger to the environment, or to the health or welfare of persons,
or to the MS4 or waters of the United States. If the violator fails
to comply with a suspension order issued in an emergency, the Village
may take such steps as deemed necessary to prevent or minimize damage
to the MS4 or waters of the United States, or to minimize danger to
persons.
(C)
Any person discharging to the MS4 in violation of this Article 4
may have his or her MS4 access terminated if such termination would
abate or reduce an illicit discharge. The Village will notify a violator
of the proposed termination of its MS4 access. The violator may petition
the Village for a reconsideration and hearing.
(A)
It shall be unlawful for any alleged violator of the provisions of
this Article 4 to fail to take the remedial measures set forth in
the notice of violation or to otherwise fail to cure the violations
described therein within 30 days, or such greater period as the Village
shall deem appropriate.
(B)
Any person that has violated or continues to violate this Article
4 shall be liable to criminal prosecution to the fullest extent of
the law. Each act of violation and each day upon which any violation
shall occur shall constitute a separate offense.
Any person receiving a notice of violation may appeal the determination
of the Village. The notice of appeal must be received within 30 days
from the date of the notice of violation. Hearing on the appeal before
the appropriate authority or his or her designee shall take place
within 30 days from the date of receipt of the notice of appeal. The
decision of the municipal authority or his or her designee shall be
final.
If the violation has not been corrected pursuant to the requirements
set forth in the notice of violation, or, in the event of an appeal,
within 30 days of the decision of the municipal authority upholding
the decision of the Village, then representatives of the Village shall
enter upon the subject private property and are authorized to take
any and all measures necessary to abate the violation and/or restore
the property. It shall be unlawful for any person, owner, agent or
person in possession of any premises to refuse to allow the government
agency or designated contractor to enter upon the premises for the
purposes set forth above.
Within 30 days after abatement of the violation, the owner of
the property will be notified of the cost of abatement, including
administrative costs. The property owner may file a written protest
objecting to the amount of the assessment within 10 days. If the amount
due is not paid within a timely manner as determined by the decision
of the municipal authority or by the expiration of the time in which
to file an appeal, the charges shall become a special assessment against
the property and shall constitute a lien on the property for the amount
of the assessment.
In addition to the enforcement processes and penalties provided,
any condition caused or permitted to exist in violation of any of
the provisions of this Article 4 is a threat to public health, safety,
and welfare, and is declared and deemed a nuisance, and may be summarily
abated or restored at the violator's expense, and/or a civil action
to abate, enjoin, or otherwise compel the cessation of such nuisance
may be taken.
