[Ord. No. 11042013 §III, 11-4-2013]
A. 
Prohibition Of Illegal Discharges.
1. 
No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses any materials, including, but not limited to, pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, 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 Chapter: water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising groundwater, groundwater infiltration to storm drains, uncontaminated pumped groundwater, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air-conditioning condensation, springs, non-commercial washing of vehicles, natural riparian habitat or wetland flows, swimming pools (if dechlorinated—typically less than one (1) PPM chlorine), fire-fighting activities and any other water source not containing pollutants.
b. 
Discharges specified in writing by the Public Works Department as being necessary to protect public health and safety.
c. 
Dye testing is an allowable discharge, but requires a verbal notification to the Public Works Department prior to the time of the test.
d. 
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 Federal Environmental Protection Agency, 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. 
Prohibition Of Illicit Connections.
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 Chapter if the person connects a line conveying sewage to the MS4 or allows such a connection to continue.
[Ord. No. 11042013 §III, 11-4-2013]
A. 
Suspension Due To Illicit Discharges In Emergency Situations. The Public Works Department 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 Public Works Department 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.
B. 
Suspension Due To The Detection Of Illicit Discharge. Any person discharging to the MS4 in violation of this Chapter may have his or her MS4 access terminated if such termination would abate or reduce an illicit discharge. The Public Works Department will notify a violator of the proposed termination of its MS4 access. The violator may petition the Public Works Department for a reconsideration and hearing.
C. 
Offense Committed. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this Section without the prior approval of the Public Works Department.
[Ord. No. 11042013 §III, 11-4-2013]
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 Public Works Department prior to the allowing of discharges to the MS4.
[Ord. No. 11042013 §III, 11-4-2013]
A. 
Applicability. This Section applies to all facilities that have stormwater discharges associated with industrial activity, including construction activity.
B. 
Access To Facilities.
1. 
The Public Works Department shall be permitted to enter and inspect facilities subject to regulation under this Chapter as often as may be necessary to determine compliance with this Chapter. 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 authorized enforcement agency.
2. 
Facility operators shall allow the Public Works Department 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.
3. 
The Public Works Department shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the Department to conduct monitoring and/or sampling of the facility's stormwater discharge.
4. 
The Public Works Department has the right to 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.
5. 
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 Public Works Department and shall not be replaced. The costs of clearing such access shall be borne by the operator.
6. 
Unreasonable delays in allowing the Public Works Department access to a permitted facility is a violation of a stormwater discharge permit and of this Chapter. A person who is the operator of a facility with a NPDES permit to discharge stormwater associated with industrial activity commits an offense if the person denies the Public Works Department reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this Chapter.
7. 
If the Public Works Department has been refused access to any part of the premises from which stormwater is discharged and he/she is able to demonstrate probable cause to believe that there may be a violation of this Chapter or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this Chapter or any order issued hereunder or to protect the overall public health, safety and welfare of the community, then the Public Works Department may seek issuance of a search warrant from the Cass County Circuit Court.