[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.