This Part
3 shall apply to all water entering the MS4 generated on any developed and undeveloped lands unless explicitly exempted by the Village.
The Village shall administer, implement, and enforce the provisions of this Part
3. Any powers granted or duties imposed upon the Village may be delegated in writing by the Village Manager to persons or entities acting in the beneficial interest of or in the employ of the authorized enforcement agency.
This Part
3 is not intended to modify or repeal any other ordinance, rule, regulation, or other provision of law. The requirements of this Part
3 are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of this Part
3 imposes restrictions different from those imposed by any other ordinance, rule, regulation, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control.
The standards set forth herein and promulgated pursuant to this Part
3 are minimum standards; therefore, this Part
3 does not intend or imply that compliance by any person will ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants.
The following discharge and connection prohibitions shall apply:
A. Illegal discharges prohibited.
(1)
No person shall throw, drain, or otherwise discharge, cause,
or allow others under its control to throw, drain, or otherwise discharge
into the MS4 any pollutants or waters containing any pollutants, other
than stormwater.
(2)
The commencement, conduct or continuance of any illegal discharge
to the storm drain system is prohibited except as described as follows:
(a)
The following discharges are exempt from discharge prohibitions established by this Part
3: 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 or hot tub discharges, and street wash water.
(b)
Discharges or flow from fire-fighting, and other discharges
specified in writing by the Village as being necessary to protect
public health and safety.
(c)
Discharges associated with dye testing; however, this activity
requires a verbal notification to the Village prior to the time of
the test.
(d)
The prohibition shall not apply to any nonstormwater 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 prohibited.
(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 Part
3 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 Part
3 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.
(5)
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 authorized enforcement
agency 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 authorized
enforcement agency.
Every person owning property through which a surface watercourse
passes, or such person's lessee, shall keep and maintain that part
of the surface 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 surface watercourse.
In addition, the owner or lessee shall maintain existing privately
owned structures within or adjacent to a surface watercourse so that
such structures will not become a hazard to the use, function, or
physical integrity of such watercourse.