[HISTORY: Adopted by the Board of Trustees
of the Village of Minoa as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 51.
Environmental quality review — See Ch. 63.
Flood damage prevention — See Ch. 75.
Sewers — See Ch. 124.
Site plan review — See Ch. 127.
Stormwater management and erosion and sediment control — See Ch. 135.
Subdivision of land — See Ch. 140.
Zoning — See Ch. 160.
[Adopted 10-1-2007 by L.L. No. 7-2007]
This Chapter 134 shall be known as the "Prohibition of Illicit Discharges, Activities and Connections to Separate Storm Sewer Systems of the Village of Minoa."
The purpose of this article is to provide for
the health, safety, and general welfare of the citizens of the Village
of Minoa through the regulation of nonstormwater discharges to the
municipal separate storm sewer system (MS4) to the maximum extent
practicable as required by federal and state law. This article establishes
methods for controlling the introduction of pollutants into the MS4
in order to comply with requirements of the SPEDES General Permit
for Municipal Separate Storm Sewer Systems. The objects of this article
are as follows:
A.
To meet the requirements of the SPDES General Permit
for Stormwater Discharges from MS4s, Permit No. GP-02-02, or as amended
or revised;
B.
To regulate the contribution of pollutants to the
MS4 since such systems are not designed to accept, process or discharge
nonstormwater wastes;
C.
To prohibit illicit connections, activities and discharges
to the MS4;
D.
To establish legal authority to carry out all inspection,
surveillance and monitoring procedures necessary to ensure compliance
with this article;
E.
To promote public awareness of the hazards involved
in the improper discharge of trash, yard waste, lawn chemicals, pet
waste, wastewater, grease, oil, petroleum products, cleaning products,
paint products, hazardous waste, sediment and other pollutants into
the MS4.
As used in this article, the following terms
shall have the meanings indicated:
Schedules of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices
to prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters, or stormwater conveyance systems.
BMPs also include treatment practices, operating procedures, and practices
to control site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
The designated Codes Enforcement Officer of the Village of
Minoa or any other officer of the Village of Minoa duly appointed
for the purpose of enforcement of these provisions.
Activities requiring authorization under the SPDES Permit
for Stormwater Discharges From Construction Activity, GP-02-02, as
amended or revised. These activities include construction projects
resulting in land disturbance of one or more acres. Such activities
include but are not limited to clearing and grubbing, grading, excavating,
and demolition.
The New York State Department of Environmental Conservation.
A New York State licensed professional engineer or licensed
architect.
Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the MS4, including but
not limited to:
Any conveyances which allow any nonstormwater
discharge including treated or untreated sewage, process wastewater,
and wash water to enter the MS4 and any connections to the storm drain
system from indoor drains and sinks, regardless of whether said drain
or connection had been previously allowed, permitted, or approved
by an authorized enforcement agency; or
Any drain or conveyance connected from a commercial
or industrial land use to the MS4 which has not been documented in
plans, maps, or equivalent records and approved by an authorized enforcement
agency.
Any direct or indirect nonstormwater discharge to the MS4, except as exempted in § 134-9 of this article.
A facility serving one or more parcels of land or residential
households, or a private, commercial or institutional facility, that
treats sewage or other liquid wastes for discharge into the groundwaters
of New York State, except where a permit for such a facility is required
under the applicable provisions of Article 17 of the Environmental
Conservation Law.
Activities requiring the SPDES Permit for Discharge From
Industrial Activities Except Construction, GP-98-03, as amended or
revised.
Municipal separate storm sewer system, a conveyance or system
of conveyances (including roads with drainage systems, municipal streets,
catch basins, curbs, gutters, ditches, manmade channels, or storm
drains):
A permit issued by EPA (or by a state under authority delegated
pursuant to 33 U.S.C. Section 1342(b) - SPDES) that authorizes the
discharge of pollutants to waters of the United States, whether the
permit is applicable on an individual, group, or general area-wide
basis.
Any discharge to the MS4 that is not composed entirely of
stormwater.
Any individual, association, organization, partnership, firm,
corporation, or other entity recognized by law and acting as either
the owner or as the owner's agent.
Dredged spoil, filter backwash, solid waste, incinerator
residue, treated or untreated sewage, garbage, sewage sludge, munitions,
chemical wastes, biological materials, radioactive materials, heat,
wrecked or discarded equipment, rock, sand and industrial, municipal,
agricultural waste and ballast discharged into water; which may cause
or might reasonably be expected to cause pollution of the waters of
the state in contravention of the standards.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
Discharge compliance with water quality standards:
the condition that applies where a municipality has been notified
that the discharge of stormwater authorized under their MS4 permit
may have caused or has the reasonable potential to cause or contribute
to the violation of an applicable water quality standard. Under this
condition, the municipality must take all necessary actions to ensure
future discharges do not cause or contribute to a violation of water
quality standards.
303(d) listed waters: the condition in the municipality's
MS4 permit that applies where the MS4 discharges to a 303(d) listed
water. Under this condition, the stormwater management program must
ensure no increase of the listed pollutant of concern to the 303(d)
listed water.
Total maximum daily load (TMDL) strategy: the
condition in the municipality's MS4 permit where a TMDL including
requirements for control of stormwater discharges has been approved
by EPA for a water body or watershed into which the MS4 discharges.
If the discharge from the MS4 did not meet the TMDL stormwater allocations
prior to September 10, 2003, the municipality was required to modify
its stormwater management program to ensure that reduction of the
pollutant of concern specified in the TMDL is achieved.
The condition in the municipality's MS4 permit
that applies if a TMDL is approved in the future by EPA for any water
body or watershed into which an MS4 discharges. Under this condition,
the municipality must review the applicable TMDL to see if it includes
requirements for control of stormwater discharges. If an MS4 is not
meeting the TMDL stormwater allocations, the municipality must, with
six months of the TMDL's approval, modify its stormwater management
program to ensure that reduction of the pollutant of concern specified
in the TMDL is achieved.
A permit issued by the Department that authorizes the discharge
of pollutants to waters of the state.
Rainwater, surface runoff, snowmelt and drainage.
A list of all surface waters in the state for which beneficial
uses of the water (drinking, recreation, aquatic habitat, and industrial
use) are impaired by pollutants, prepared periodically by the Department
as required by Section 303(d) of the Clean Water Act. 303(d) listed
waters are estuaries, lakes and streams that fall short of state surface
water quality standards and are not expected to improve within the
next two years.
Total maximum daily load, the maximum amount of a pollutant
to be allowed to be released into a water body so as not to impair
uses of the water, allocated among the sources of that pollutant.
Water that is not stormwater, is contaminated with pollutants
and is or will be discarded.
This article shall apply to all water entering
the MS4 generated on any developed and undeveloped land unless explicitly
exempted by an authorized enforcement agency.
The Codes Enforcement Officer of the Village
of Minoa shall administer, implement, and enforce the provisions of
this article. Such powers or duties imposed upon the authorized enforcement
official may be delegated in writing by the Codes Enforcement Officer
as may be authorized by the municipality.
This article is not intended to modify or repeal
any other ordinance, rule, regulation, or other provision of law.
The requirements of this article are in addition to the requirements
of any other ordinance, rule, regulation, or other provision of law,
and where any provision of this article 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 article are minimum standards; therefore, this article
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 provisions of this article are hereby declared
to be severable. If any provision, clause, sentence, or paragraph
of this article or the application thereof to any person, establishment,
or circumstances shall be held invalid, such invalidity shall not
affect the other provisions or application of this article.
A.
Prohibition of illegal discharges. No person shall discharge or cause to be discharged into the MS4 any materials other than stormwater except as provided in § 134-9A(1) below. The commencement, conduct or continuance of any illegal discharge to the MS4 is prohibited except as described as follows:
(1)
Exempt discharges.
(a)
The following discharges are exempt from discharge
prohibitions established by this article, unless the Department or
the Village of Minoa has determined them to be substantial contributors
of pollutants:
[1]
Water line flushing or other potable water sources;
[2]
Landscape irrigation or lawn watering;
[3]
Existing diverted stream flows;
[4]
Rising groundwater;
[5]
Uncontaminated groundwater infiltration to storm
drains;
[6]
Uncontaminated pumped groundwater;
[7]
Foundation or footing drains;
[8]
Crawl space or basement sump pumps;
[9]
Air-conditioning condensate;
[10]
Irrigation water;
[11]
Springs;
[12]
Water from individual residential car washing;
[13]
Natural riparian habitat or wetland flows;
[14]
Dechlorinated swimming pool discharges;
[15]
Residential street wash water;
[16]
Water from fire-fighting activities;
[17]
Any other water source not containing pollutants.
(b)
Such exempt discharges shall be made in accordance
with an appropriate plan for reducing pollutants.
(2)
Discharges approved in writing by the Codes Enforcement
Officer to protect life or property or property from imminent harm
or damage, provided that such approval shall not be construed to constitute
compliance with other applicable laws and requirements, and further
provided that such discharges may be permitted for a specified time
period and under such conditions as the Codes Enforcement Officer
may deem appropriate to protect such life and property while reasonably
maintaining the purpose and intent of this article.
(3)
Dye testing in compliance with applicable state and
local laws is an allowable discharge, but requires a verbal notification
to the Codes Enforcement Officer prior to the time of the test.
(4)
The prohibition shall not apply to any discharge permitted
under an SPDES permit, waiver, or waste discharge order issued to
the discharger and administered under the authority of the Department,
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 MS4.
B.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence
of illicit connections to the MS4 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
article if the person connects a line conveying sewage to the Village
of Minoa's MS4 or allows such a connection to continue.
(4)
Improper connections in violation of this article
must be connected and redirected, if necessary, to an approved on-site
waste water management system or the sanitary sewer system upon approval
of the Codes Enforcement Officer of the Village of Minoa.
(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 Codes Enforcement
Officer of the Village of Minoa 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 Codes Enforcement Officer of the Village of Minoa.
No persons shall operate a failing individual
sewage treatment system in areas tributary to the Village of Minoa's
MS4. A failing individual sewage treatment system is one which has
one ore more of the following conditions:
A.
The backup of sewage into a structure;
B.
Discharges of treated or untreated sewage onto the
ground surface;
C.
A connection or connections to a separate stormwater
sewer system;
D.
Liquid level in the septic tank above the outlet invert;
E.
Structural failure of any component of the individual
sewage treatment system that could lead to any of the other failure
conditions as noted in this section; and
F.
Contamination of off-site groundwater.
A.
Upon notification to a person that he or she is engaged in one or more of activities listed in Subsection B which cause or contribute to violations of the Village of Minoa's MS4 SPDES permit authorization, that person shall take all reasonable actions to correct such activities such that he or she no longer causes or contributes to violations of the Village of Minoa's MS4 SPDES permit authorization.
B.
The following activities are subject to the requirements of § 134-9A:
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 free of trash, debris,
excessive vegetation and other obstacles that would pollute, contaminate
or significantly retard the flow of water 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.
A.
Submission of NOI to Village of Minoa.
(1)
Any person subject to an industrial or construction
activity NPDES or SPDES 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 Codes Enforcement Officer
prior to the allowing of discharges to the MS4.
(2)
The operator of a facility, including construction
sites, required to have an NPDES or SPDES permit to discharge stormwater
associated with industrial activity shall submit a copy of the notice
of intent (NOI) to the Codes Enforcement Officer at the same time
the operator submits the original NOI to the EPA or State DEC as applicable.
(3)
The copy of the NOI may be delivered to the Codes
Enforcement Officer either in person or by mailing it to:
|
Notice of Intent to Discharge Stormwater
| |
|
Codes Enforcement Officer
| |
|
Village of Minoa
| |
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240 North Main Street
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Minoa, New York 13116
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(4)
A person commits an offense if the person operates
a facility that is discharging stormwater associated with industrial
activity without having submitted a copy of the NOI to do so to the
Codes Enforcement Officer.
A.
Best management practices. Where the Codes Enforcement Officer has identified illicit discharges as defined in § 134-3, Definitions, or activities contaminating stormwater as defined § 134-11, the Village of Minoa may require implementation of best management practices (BMPs) to control those illicit discharges and activities.
(1)
The owner or operator of a commercial or industrial
establishment shall provide, at his or her own expense, reasonable
protection from accidental discharge of prohibited materials or other
wastes into the MS4 through the use of structural and nonstructural
BMPs.
(2)
Any person responsible for a property or premise, which is, or may be, the source of an illicit discharge as defined in § 134-3, Definitions, or an activity contaminating stormwater as defined in § 134-8, may be required to implement, at said person's expense, additional structural and nonstructural BMPs to reduce or eliminate the source of pollutant(s) to the MS4.
(3)
Compliance with all terms and conditions of a valid
SPDES permit authorizing the discharge of stormwater associated with
industrial activity, to the extent practicable, shall be deemed compliance
with the provisions of this section.
B.
Individual sewage treatment systems. Where individual sewage treatment systems are contributing to the Village of Minoa being subject to the special conditions as defined in § 134-3, Definitions, of this article, the owner or operator of such individual sewage treatment systems shall be required to:
(1)
Maintain and operate individual sewage treatment systems
as follows:
(a)
Inspect the septic tank annually to determine
scum and sludge accumulation. Septic tanks must be pumped out whenever
the bottom of the scum layer is within three inches of the bottom
of the outlet baffle or sanitary tee or the top of the sludge is within
10 inches of the bottom of the outlet baffle or sanitary tee;
(b)
Avoid the use of septic tank additives;
(c)
Avoid the disposal of excessive quantities of
detergents, kitchen wastes, laundry wastes, and household chemicals;
and
(d)
Avoid the disposal of cigarette butts, disposal
diapers, sanitary napkins, trash and other such items.
(2)
Repair or replace individual sewage treatment system
as follows:
(a)
In accordance with 10 NYCRR, Appendix 75-A to
the maximum extent practicable;
(b)
A design professional licensed to practice in
New York State shall prepare design plans for any type of absorption
field that involves:
(c)
A written certificate of compliance shall be
submitted by the design professional to the Village of Minoa at the
completion of construction of the repair or replacement system.
A.
Right of entry; inspection and sampling. The Village
Codes Enforcement Officer or his designee shall be permitted to enter
and inspect facilities subject to regulation under this article as
often as may be necessary to determine compliance with this article.
(1)
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 Village Codes Enforcement Officer.
(2)
Facility operators shall allow the Codes Enforcement
Officer 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 or SPDES permit to discharge
stormwater, and the performance of any additional duties as defined
by state and federal law.
(3)
The Codes Enforcement Officer or his designee shall
have the right to set up on any permitted facility such devices as
are necessary in the opinion of the Codes Enforcement Officer to conduct
monitoring and/or sampling of the facility's stormwater discharge.
(4)
The Codes Enforcement Officer or his designee 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 his or her 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 Codes Enforcement Officer or his designee and shall not be replaced.
The costs of clearing such access shall be borne by the operator.
(6)
Unreasonable delays in allowing the Codes Enforcement
Officer or his or her designee access to a permitted facility is in
violation of a stormwater discharge permit and of this article. A
person who is the operator of a facility with an NPDES or SPDES permit
to discharge stormwater associated with industrial activity commits
an offense if the person denies the Village Codes Enforcement Officer
or his designee reasonable access to the permitted facility for the
purpose of conducting any activity authorized or required by this
article.
B.
Search warrants. If the Codes Enforcement Officer
or his designee 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 article,
or that there is a need to inspect and/or sample as part of a routine
inspect 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 Codes Enforcement
Officer may seek issuance of a search warrant from any court of competent
jurisdiction.
Notwithstanding other requirements of law, as
soon as any person responsible for a facility or operation, or responsible
for emergency response for a facility or operation, has information
of any known or suspected release of materials which are resulting
or may result in illegal discharges or pollutants discharge into the
MS4, said person shall take all necessary steps to ensure the discovery,
containment, and cleanup of such release. In the event of such release
of hazardous materials, said person shall immediately notify emergency
response agencies of the occurrence via emergency dispatch services.
In the event of a release of nonhazardous materials, said person shall
notify the Village of Minoa in person or by telephone or facsimile
no later than the next business day. Notifications in person or by
telephone shall be confirmed by written notice addressed and mailed
to the Village of Minoa within three business days of the telephone
notice. If the discharge of prohibited materials 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.
A.
Violations.
(1)
It shall be unlawful for any person to violate any
provision or fail to comply with any of the requirements of this article.
Any person who has violated or continues to violate the provisions
of this article 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.
(2)
In the event the violation constitutes an immediate danger to public health or public safety, the Codes Enforcement Officer or his or her designee is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property. The Codes Enforcement Officer is authorized to see costs of the abatement as outlined in § 134-20.
B.
Warning notice. When the Codes Enforcement Officer
or his designee finds that any person has violated, or continues to
violate, any provisions of this article, or any order issued hereunder,
the Codes Enforcement Officer or his designee may serve upon that
person a written warning notice specifying the particular violation
believed to have occurred and requesting the discharger to immediately
investigate the matter and to seek a resolution whereby any offending
discharge will cease. Investigation and/or resolution of the matter
in response to the warning notice in no way relieves the alleged violator
of liability for any violations occurring before or after receipt
of the warning notice. Nothing in this subsection shall limit the
authority of the Village Codes Enforcement Officer or his designee
to take any action, including emergency action or any other enforcement
action, without first issuing a warning notice.
C.
Notice of violation.
(1)
Whenever the Codes Enforcement Officer or his designee
finds that a person has violated a prohibition or failed to meet a
requirement of this article, the Codes Enforcement Officer or his
designee may order compliance by written notice of violation to the
responsible person.
(a)
The notice shall contain:
[1]
The name and address of the alleged violator;
[2]
The address, when available, or a description
of the building, structure or land upon which the violation is occurring,
or has occurred;
[3]
A statement specifying the nature of the violation;
[4]
A description of the remedial measures necessary
to restore compliance with this article and a time schedule for the
completion of such remedial action;
[5]
A statement of the penalty or penalties that
shall or may be assessed against the person to whom the notice of
violation is directed;
[6]
A statement specifying that, should the violator
fail to restore compliance within the established time schedule, the
work will be done by a designated governmental agency or a contractor
and the expense thereof shall be charged to the violator.
(b)
Such notice may require, without limitation:
[1]
The performance of monitoring, analysis, and
reporting;
[2]
The elimination of illicit connections or discharges;
[3]
That violating discharges, practices, or operations
shall cease and desist;
[4]
The abatement or remediation of stormwater pollution
or contamination hazards and the restoration of any affected property;
[5]
Payment of a fine to cover administrative and
remediation costs; and
[6]
The implementation of source control or treatment
BMPs.
D.
Compensatory action. In lieu of enforcement proceedings,
penalties, and remedies authorized by this article, the Codes Enforcement
Officer or his or her designee may impose upon a violator alternative
compensatory actions, such as (without limitation) storm drain stenciling,
attendance at compliance workshops, creek cleanup, etc.
E.
Suspension of MS4 access.
(1)
Emergency cease-and-desist orders.
(a)
When the Codes Enforcement Officer or his or
her designee finds that any person has violated, or continues to violate,
any provision of this article, or any order issued hereunder, or that
the person's past violations are likely to recur, and that the person's
violation(s) has (have) caused or contributed to an actual or threatened
discharge to the MS4 or waters of the United States which reasonably
appears to present an imminent or substantial endangerment to the
health or welfare of persons or to the environment, the Codes Enforcement
Officer or his or her designee may issue an order to the violator
directing them immediately to cease and desist all such violations
and directing the violator to:
(b)
Any person notified of an emergency order directed
to it under this subsection shall immediately comply and stop or eliminate
its endangering discharge. In the event of a discharger's failure
to immediately comply voluntarily with the emergency order, the Codes
Enforcement Officer or his or her designee may take such steps as
deemed necessary to prevent or minimize harm to the MS4 or waters
of the United States, and/or endangerment to persons or to the environment,
including immediate termination of a facility's water supply, sewer
connection, or other municipal utility services. The Codes Enforcement
Officer or his or her designee may allow the person to recommence
its discharge when it has demonstrated to the satisfaction of the
Codes Enforcement Officer that the period of endangerment has passed,
unless further termination proceedings are initiated against the discharger
under this article. A person that is responsible, in whole or in part,
for any discharge presenting imminent endangerment shall submit a
detailed written statement describing the causes of the harmful discharge
and the measures taken to prevent any future occurrence to the Codes
Enforcement Officer or his or her designee with 10 days of receipt
of the emergency order. Issuance of an emergency cease-and-desist
order shall not be a bar against, or a prerequisite for, talking any
other action against the violator.
(2)
Suspension due to illicit discharges in emergency
situations. The Codes Enforcement Officer or his or her designee 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 Codes Enforcement Officer
or his or her designee 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.
(3)
Suspension due to the detection of illicit discharge.
(a)
Any person discharging to the MS4 in violation
of this article may have his or her MS4 access terminated if such
termination would abate or reduce an illicit discharge. The Codes
Enforcement Officer or his designee will notify a violator of the
proposed termination of its MS4 access.
(b)
A person commits an offense if the person reinstates
MS4 access to premises terminated pursuant to this section without
the prior approval of the Codes Enforcement Officer or his or her
designee.
F.
Civil penalties. In the event the alleged violator
fails to take the remedial measures set forth in the notice of violation
or otherwise fails to cure the violations described therein within
20 days, or such greater period as the Codes Enforcement Officer or
his designee shall deem appropriate, after the Codes Enforcement Officer
or his designee may impose a penalty not to exceed $500 (depending
on the severity of the violation) for each day the violation remains
unremedied after receipt of the notice of violation.
G.
Criminal prosecution. Any person that has violated
or continues to violate this article shall be liable to criminal prosecution
to the fullest extent of the law, and shall be subject to a criminal
penalty of $500 per violation per day and/or imprisonment for a period
of time not to exceed 60 days. Each act of violation and each day
upon which any violation shall occur shall constitute a separate offense.
Any person receiving a notice of violation may
appeal the determination of the Codes Enforcement Officer or his or
her designee to the Village of Minoa within 15 days of its issuance,
which shall hear the appeal within 30 days after the filing of the
appeal, and within five days of making its decision, file its decision
in the office of the Village Clerk and mail a copy of its decision
by certified mail to the discharger.
A.
If the violation has not been corrected pursuant to
the requirements set forth in the notice of violation, or, in the
event of an appeal, within five business days of the decision of the
Village of Minoa authority upholding the decision of the Codes Enforcement
Officer or his or her designee, then the Codes Enforcement Officer
or his or her designee may authorize any and all measures reasonably
necessary to abate the violation and/or restore the property.
B.
If refused access to the subject private property,
the Codes Enforcement Officer may seek a warrant in a court of competent
jurisdiction to be authorized to enter upon the property to determine
whether a violation has occurred. Upon determination that a violation
has occurred, the Codes Enforcement Officer or his or her designee
may seek a court order to take any and all measures reasonably necessary
to abate the violation and/or restore the property. The cost of implementing
and maintaining such measures shall be the sole responsibility of
the discharger.
A.
Upon review by and a finding of the Village Board that the provisions of this Chapter 134, Article I, including, in particular, §§ 134-17C and 134-19 hereof, have been complied with or satisfied, and in the case of § 134-17E that a bona-fide emergency or exigent condition existed, the Village Board may adopt a resolution authorizing that the costs incurred by the Village in performance of the work be paid for out of general Village funds appropriated by the Village Board for such purpose. The Village shall be reimbursed for the cost of the work performed by direction of the Village Board, plus a service charge of 30% thereof to cover the cost of supervision and administration, and for any penalties assessed under § 134-17F and G hereof by assessment and levy upon the lots or parcels of land wherein such work was performed and supervised/administered, and the expenses so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Village charges.
B.
Any person violating any of the provisions of this
article shall become liable to the Village of Minoa by reason of such
violation.
In addition to the enforcement processes and
penalties provided, any condition caused or permitted to exist in
violation of any of the provisions of this article is a threat to
public health, safety, and welfare, and is declared and deemed a nuisance,
and may be summarily abated or restored at the violator's expense,
and/or a civil action to abate, enjoin, or otherwise compel the cessation
of such nuisance may be taken.
The remedies listed in this article are not
exclusive of any other remedies available under any applicable federal,
state or local law and it is within the discretion of the authorized
enforcement agency to seek cumulative remedies.
This article shall take effect upon its filing
in the office of the Secretary of State.
