(A) 
This chapter applies to all discharges, including illegal dumping, entering the storm drain system under the control of the City of Angola, regardless of whether the discharge originates from developed or undeveloped lands, and regardless of whether the discharge is generated from an active construction site or a stabilized site. These discharges include flows from direct connections to the storm drain system, illegal dumping, and contaminated runoff.
(B) 
Stormwater runoff from agricultural, timber harvesting, and mining activities is exempt from the requirements of this chapter unless determined to contain pollutants not associated with such activities or in excess of standard practices. Farm residences are not included in this exemption.
(C) 
Any nonstormwater discharge permitted under an NPDES permit, waivers, or waste discharge order issued to the discharger and administered under the authority of the USEPA; 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 acceptance has been granted for the subject discharge to the storm drain system, is also exempted from this chapter.
(D) 
Notwithstanding other requirements in this chapter, the following categories of nonstormwater discharges or flows are exempt from the requirements of this chapter:
(1) 
Water line and hydrant flushing;
(2) 
Irrigation water;
(3) 
Footing, foundation, and crawl space drains (uncontaminated);
(4) 
Storm sewer cleaning water (uncontaminated);
(5) 
Fire suppression activities;
(6) 
Uncontaminated groundwater;
(7) 
Springs;
(8) 
Residential car washing;
(9) 
Noncommercial car washing by community organizations;
(10) 
External building washdown, without detergents;
(11) 
Dechlorinated/debrominated residential swimming pool discharges;
(12) 
Uncontaminated groundwater infiltration (as defined at 40 CFR 35.2005(b)(20));
(13) 
Pavement wash waters provided spills or leaks or toxic or hazardous materials have not occurred (unless all spill material has been removed) and where detergents are not used;
(14) 
Uncontaminated condensate from air conditioning units, coolers, and other compressors, and from outside storage of refrigerated gases or liquids;
(15) 
Dye-testing authorized by the City of Angola.
(Ord. 1751-2024)
(A) 
No person shall discharge to a MS4 conveyance, watercourse, or water body, directly or indirectly, any substance other than stormwater or an exempted discharge. Any person discharging stormwater shall effectively minimize pollutants from also being discharged with the stormwater, through the use of BMPs referred to in the City of Angola Stormwater Technical Standards Manual.
(B) 
The City of Angola is authorized to require dischargers to implement pollution prevention measures, utilizing BMPs, necessary to prevent or reduce the discharge of pollutants into the City of Angola's stormwater drainage system.
(Ord. 1751-2024)
Storage or stockpiling of hazardous or toxic material within any watercourse, or in its associated floodway or floodplain, is strictly prohibited. Storage or stockpiling of hazardous or toxic material, including sewage treatment plant stockpiles, on active construction sites must include adequate protection and/or containment to prevent any such materials from entering any temporary or permanent stormwater conveyance or watercourse.
(Ord. 1751-2024)
Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse located within their property boundaries free of trash, debris, excessive vegetation, and/or the obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. 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. 1751-2024)
(A) 
Any discharger who discharges into a water body any substance other than stormwater or an exempted discharge shall immediately inform the Angola Stormwater Department, Angola Fire Department, Steuben County Emergency Management Agency, and City of Angola Dispatch concerning the discharge.
(B) 
A written report concerning the discharge should be filed with the City of Angola and IDEM, by the person responsible for the discharge, within five days. The written report shall specify:
(1) 
The composition of the discharge and the cause;
(2) 
The date, time, and estimated volume of the discharge;
(3) 
All measures taken to clean up the accidental discharge and all measures proposed to be taken to prevent any recurrence; and
(4) 
The name and telephone number of the person making the report, and the name and telephone number of a person who may be contacted for additional information on the matter.
(C) 
A properly reported accidental discharge shall be an affirmative defense to a civil infraction proceeding brought under this chapter against a discharger for such discharge. It shall not, however, be a defense to a legal action brought to obtain an injunction, to obtain recovery of costs or to obtain other relief because of or arising out of the discharge. A discharge shall be considered properly reported only if the discharger complies with all the requirements of this section. This requirement does not relieve the discharger from notifying other entities as required by state or federal regulations.
(Ord. 1751-2024)
(A) 
Storm Drainage System. City of Angola has the authority to periodically inspect the storm drainage system, whether publicly or privately owned, to detect and eliminate illicit connections and discharges into the system. The inspection may include a screening of discharges from outfalls connected to the system to determine if prohibited flows are being conveyed into the storm drainage system. It could also include spot testing of waters contained in the storm drainage system itself to detect the introduction of pollutants into the system by means other than a defined outfall, such as dumping or contaminated sheet runoff.
(B) 
Potential Polluters. If, as a result of the storm drainage system inspection, a discharger is suspected of an illicit discharge, the City of Angola may inspect and/or obtain stormwater samples from stormwater runoff facilities of the subject discharger, to determine compliance with the requirements of this chapter. Upon request, the discharger shall allow the City of Angola properly identified representative to enter upon the premises of the discharger at all hours necessary for the purposes of such inspection or sampling. The City of Angola or its properly identified representative may place on the discharger's property the equipment or devices used for such sampling or inspection.
(C) 
New Development and Redevelopment. Following the final completion of construction and the receipt of as-built drawings, the City of Angola has the authority to inspect new development and redevelopment sites to verify that all on-site stormwater conveyances and connections to the storm drainage system are in compliance with this chapter.
(D) 
Access to Facilities.
(1) 
The City of Angola 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 the agent of the authorized enforcement agency.
(2) 
Facility operators shall allow the authorized enforcement agent 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 a NPDES permit to discharge stormwater, and the performance of any additional duties as defined by state and federal law.
(3) 
The City of Angola shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the authorized enforcement agency to conduct monitoring and/or sampling of the facility's stormwater discharge.
(4) 
The City of Angola 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 facility operator at the written or oral request of the authorized enforcement agent and shall not be replaced. The costs of clearing such access shall be borne by the facility operator.
(6) 
Unreasonable delays in allowing the City of Angola access to a permitted facility are 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 authorized enforcement agent reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this chapter.
(7) 
If the City of Angola has been refused access to any part of the premises from which stormwater is discharged, and he or 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 authorized enforcement agent may seek issuance of a search warrant from any court of competent jurisdiction.
(Ord. 1751-2024)
It shall be unlawful for any person to violate or fail to comply with any provision of this chapter. Any person who has violated or continues to violate any provision of this chapter may be subject to the enforcement actions outlined in this section or may be restrained by injunction or otherwise abated in a manner provided by law.
(A) 
Notice of Violation.
(1) 
Whenever the City of Angola finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the City of Angola may order compliance by written notice of violation to the responsible person. That notice may require without limitation:
(a) 
The performance of monitoring, analyzing, and reporting;
(b) 
The elimination of illicit connections or discharges;
(c) 
That violating discharges, practices, or operations shall cease and desist;
(d) 
The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
(e) 
Payment of a fine to cover administrative and remediation costs; and
(f) 
The implementation of source control or treatment BMPs.
(2) 
If an emergency exists and immediate action is required, the City of Angola may abate or remedy the violation and said notice may be given after said abatement or remediation has occurred. In the event of such an emergency, the City of Angola may enter the subject property and may take all measures necessary to abate the violation. It shall be unlawful for any person to refuse access to the City of Angola or their designated representative to enter the property for the purposes set forth above.
(B) 
Suspension of Access to the Storm Drain System.
(1) 
Suspension Due to Emergency Situations. The City of Angola may, without prior notice, suspend storm drain system 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 storm drain system or waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the City of Angola may take such steps as deemed necessary to prevent or minimize damage to the storm drain system or waters of the United States, or to minimize danger to persons.
(2) 
Suspension Due to the Detection of Illicit Discharge. Any person discharging to the storm drain system in violation of this chapter may have their storm drain system access terminated if such termination would abate or reduce an illicit discharge. The City of Angola will notify a violator of the proposed termination of its MS4 access. The violator may petition the City of Angola for a reconsideration and hearing. The hearing authority shall be designated by the Mayor to serve as the administrative body to conduct administrative proceedings.
(C) 
Penalty. Any person violating any provision of this chapter for which no other penalty is set forth shall be subject to the penalty in Chapter 1.15 AMC.
(D) 
Corrective Action. Nothing herein contained shall prevent the City of Angola from taking such other lawful action as may be necessary to prevent or remedy any violation. All costs connected therewith shall accrue to the person or persons responsible. Costs include, but are not limited to, repairs to the storm drain system made necessary by the violation, as well as those penalties levied by the EPA or IDEM for violation of the City of Angola's NPDES permit, attorney fees, and other costs and expenses.
(E) 
Appeals.
(1) 
Any person to whom any provision of this chapter has been applied may appeal in writing, not later than 30 days after the action or decision being appealed from, to the City of Angola the action or decision whereby any such provision was so applied. Such appeal shall identify the matter being appealed, and the basis for the appeal.
(2) 
The City of Angola Board of Public Works and Safety shall consider the appeal and make a decision whereby it affirms, rejects or modifies the action being appealed. In considering any such appeal, the Board of Public Works and Safety may consider the recommendations of the City of Angola and the comments of other persons having knowledge of the matter.
(3) 
In considering any such appeal, the Board of Public Works and Safety may grant a variance from the terms of this chapter to provide relief, in whole or in part, from the action being appealed, but only upon finding that the following requirements are satisfied:
(a) 
The application of the chapter provisions being appealed will present or cause practical difficulties for a development or development site; provided, however, that practical difficulties shall not include the need for the developer to incur additional reasonable expenses in order to comply with the chapter; and
(b) 
The granting of the relief requested will not substantially prevent the goals and purposes of this chapter, nor result in less effective management of stormwater runoff.
(Ord. 1751-2024)