[Ord. No. 906, Art. IV, 7-8-2008]
The USEPA National Pollution Discharge Elimination System (NPDES)
permit program administered by the North Dakota Department of Health
(NDDH) requires that cities meeting certain demographic and environmental
impact criteria obtain an NPDES permit for the discharge of stormwater
from a municipal separate storm sewer system (MS4). The City of Williston
is subject to the NPDES Permit Program and is required to obtain,
and has obtained, an MS4 permit.
As a condition of the City's MS4 permit, the City is obliged
to adopt and enforce an illicit discharge to storm sewer system ordinance.
The purpose of this article is to safeguard persons, protect
property, and prevent damage to the environment in the City of Williston.
This article will also promote the public welfare by guiding, regulating,
and controlling the illicit discharge of materials into the City's
waterways.
The requirements of this article should be considered minimum
requirements, and where any provision of this article imposes restrictions
different from those imposed by any other ordinance, rule or regulations,
or other provision of law, whichever provisions are more restrictive
or impose higher protective standards for human health or the environment
shall be considered to take precedence.
[Ord. No. 906, Art. IV, 7-8-2008]
Discharges from firefighting activities, fire hydrant flushing,
potable water sources, waterline flushing, uncontaminated groundwater,
foundation or footing drains where flows are not contaminated with
process materials such as solvents, springs, riparian habitats, wetlands,
irrigation water, air conditioning condensate.
The City Engineer, building inspector, or their designee.
Any physical connection or other topographical or other condition,
natural or artificial, which is not specifically authorized by ordinance
or written rule of the City of Williston, which causes or facilitates,
directly or indirectly, an illicit discharge.
Shall be any discharge into the MS4 that is not stormwater
or allowable non-stormwater.
The conveyance or system of conveyances including storm sewers,
roadways, road with drainage systems, catch basins, curbs, gutters,
ditches, constructed channels, and storm drains owned or operated
by the City of Williston.
The North Dakota Department of Health.
The City of Williston.
Any discernible, confined, and discrete conveyance, including
but not limited to, any pipe, ditch, channel, tunnel, conduit, well,
concentrated animal feeding operation, or landfill leachate collection
system. This term does not include return flows from irrigated agriculture
or agricultural stormwater runoff.
Shall include but is not limited to real estate, fixtures,
facilities, and premises of any kind located upon, under, or above
the real estate.
One or more persons that control, or are in possession of,
or own property. Responsible parties shall be jointly and severally
responsible for compliance with this article and jointly and severally
liable for any illicit discharge from the property controlled, possessed,
or owned.
Stormwater runoff, snow melt, and surface runoff and drainage.
[Ord. No. 906, Art. IV, 7-8-2008]
(a)
The connection, use, maintenance, or continued existence of any illicit
connection shall constitute a violation of this article.
(b)
This prohibition expressly includes, without limitations, 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.
(c)
All detection activities permitted under this article shall be conducted
by the enforcement officer.
(d)
The City of Williston shall not be responsible for the direct or
indirect consequences to persons or property of an illicit discharge,
or circumstances which may cause an illicit discharge, undetected
by the City.
(e)
Every responsible party has an absolute duty to monitor conditions
on property owned or controlled by them, to prevent all illicit discharges,
and to report to the enforcement officer illicit discharges which
the responsible party knows or should have known to have occurred.
Failure to comply with any provision of this article is a violation
of this article.
(f)
Notwithstanding other requirements of law, as soon as any responsible
party has information of any known or suspected illicit discharge,
the responsible party shall immediately take all necessary steps to
ensure the discovery, containment, and cleanup of such discharge at
the responsible party's sole cost.
(g)
If the illicit discharge consists of hazardous materials, the responsible
party shall also immediately notify emergency dispatch services.
(h)
If the illicit discharge 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.
(i)
A report of an illicit discharge shall be made in person or by phone
or facsimile or e-mail to the enforcement officer immediately but
in any event within 24 hours of the illicit discharge; notification
in person or by phone shall be confirmed by written notice addressed
and mailed or emailed to the enforcement officer.
(j)
Any person or entity shall also report to the City any illicit discharge
or circumstance which such person or entity reasonably believes pose
a risk of an illicit discharge.
(k)
Upon receiving a report pursuant to the previous sections, or otherwise
coming into possession of information indicating any actual or imminent
illicit discharge, the enforcement officer shall conduct an inspection
of the site as soon as reasonably possible and thereafter shall provide
to the responsible party, and any third party reporter, a written
report of the conditions which may cause or which have already caused
an illicit discharge. The responsible party shall immediately commence
corrective action or remediation and shall complete such corrective
action or remediation within 24 hours.
(l)
The enforcement officer shall be permitted to enter and inspect property
subject to regulation under this section as often as is necessary
to determine compliance with this section. If a responsible party
has security measure that requires identification and clearance before
entry to its property or premises, the responsible party shall make
the necessary arrangements to allow access by the enforcement officer.
(m)
A responsible party shall allow the enforcement officer ready access
to all parts of the property for purposes of inspection, sampling,
examination, and copying of records related to the suspected, actual,
or imminent illicit discharge, and for the performance of any additional
duties as defined by state and federal law.
(n)
The enforcement officer shall have the right to set up on any property
such devices as are necessary in the opinion of the enforcement officer
to conduct monitoring and/or sampling related to a suspected, actual,
or imminent illicit discharge.
(o)
The enforcement officer shall have the right to require any responsible
party, at responsible party's sole expense, to install monitoring
equipment and deliver monitoring data or reports to the enforcement
officer as the enforcement officer directs. The sampling and monitoring
equipment shall be maintained at all times in a safe and proper operating
condition by the responsible party at responsible party's sole
expense. All devices shall be calibrated to ensure their accuracy.
(p)
Any temporary or permanent obstruction to safe and easy access property
to be inspected and/or sampled shall be promptly removed by the responsible
party at the written or oral order of the enforcement officer and
shall not be replaced. The cost of clearing such access shall be borne
by the responsible party.
(q)
An unreasonable delay in allowing the enforcement officer access
to a property is a violation of this article.
(r)
If the enforcement officer has been refused access to any part of
the property from where an illicit connection and/or illicit discharge
to a municipal storm sewer is occurring, suspected, or imminent, and
is able to demonstrate probable cause to believe that there may be
a violation of this article, or there is a need to inspect and/or
sample as part of a routine inspections and sampling program designed
to verify compliance with this article or any order issued hereunder,
or to protect the overall public health, safety, and welfare of the
community, then the enforcement officer may seek assistance from local
law enforcement to assist with the issuance of a search warrant from
any court of competent jurisdiction.
(s)
If it is determined that an illicit discharge is imminent or has
occurred, the actual administrative costs incurred by the City in
the enforcement of this article shall be recovered from the responsible
party. The enforcement officer shall submit an invoice to the responsible
party reflecting the actual costs and wages and expenses incurred
by the City for the enforcement activities undertaken. Failure to
pay charges invoiced under this article within 30 days of billing
shall constitute a violation of this article.
(t)
Emergency suspension. The enforcement officer may, without prior
notice, suspend storm sewer system access to a property when such
emergency suspension is necessary to stop an ongoing or imminent illicit
discharge. If the responsible party fails to immediately comply with
an emergency suspension order, the enforcement officer shall take
such steps as deemed necessary to prevent or minimize the illicit
discharge. All costs of such action shall be recovered from the responsible
party for the property identified as the source of the illicit discharge.
(u)
Non-emergency suspension. If the enforcement officer detects or is
informed of circumstances which could cause an illicit discharge but
such illicit discharge is not ongoing or imminent, and if the suspension
of storm sewer system access would reasonably be expected to prevent
or reduce the potential illicit discharge, the enforcement officer
shall notify the responsible party of the proposed suspension of storm
sewer system access and the time and date of such suspension. Notice
to one responsible party for the property shall be sufficient notice
to all. Remediation of the circumstances shall avoid a violation of
this article provided that no illicit discharge occurs. In the alternative,
the responsible party may request a meeting with the enforcement officer
for the purpose of presenting information which the responsible party
believes will show that remediation is unnecessary, and if the enforcement
officer finds such information unsatisfactory, the enforcement officer
shall issue a final written order of suspension including the date
and time of suspension and such order may be appealed as provided
hereinafter. Any physical action to reinstate storm sewer system access
to property subject to such order prior to obtaining a court order
of relief shall be deemed a violation of this article. An order of
suspension shall preclude charging the responsible party with a municipal
infraction as provided hereinafter or taking any other enforcement
action permitted by statute or ordinance.
[Ord. No. 906, Art. IV, 7-8-2008]
(a)
Watercourse protection. 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 below the
elevation of the 100-year flood free of trash, debris, grass clippings,
or other organic wastes and other obstacles that would pollute, contaminate,
or significantly alter the quality of water flowing 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.
[Ord. No. 906, Art. IV, 7-8-2008]
Any violation of this article is subject to the following remedies
or penalties:
(a)
If any official with the City of Williston discovers a violation
of this article, the City may elect to send notice to the offending
parties that the site will be cleaned by the City of Williston and
the offending party shall be billed accordingly.
(b)
If the person owning the property disagrees with the City's decision as to its finding of responsibility for the illicit discharge as defined in this section, they may appeal the decision to the Board of Appeals established under §§ 5-316, 5-317, 5-318, 5-319, and 5-320.
The above-listed sections as applicable to violations of the
building code and decisions made by the building inspector shall also
be applicable to violations of the storm sewer ordinance and decisions
made by duly authorized City officials.
(c)
Any person, firm, or corporation violating any of the terms or provisions of Article I through XI of Buildings and Building Regulations of the City of Williston shall, upon conviction, be punished by a fine of up to $500 or by imprisonment up to 30 days, or both. Each day of violation shall constitute a separate offense.
