105.01 Purpose | 105.07 Detection and Reporting; Cost Recovery |
105.02 MS4 Permit | 105.08 Suspension of Access to Storm Sewer System |
105.03 Definitions | 105.09 Watercourse Protection |
105.04 Illicit Discharges Prohibited | 105.10 Enforcement |
105.05 Illicit Connections Prohibited | 105.11 Appeal |
105.06 Industrial Discharges |
The purpose of this chapter is to comply with the requirements of the U.S. EPA’s National Pollutant Discharge Elimination System (“NPDES”) permit program (the “Program”) administered by the Iowa Department of Natural Resources (IDNR) by adopting and enforcing regulations regarding illicit discharge to the City’s storm sewer system. The City shall fund operations under this chapter entirely by charges imposed on the owners of properties which are made subject to the Program by virtue of State and Federal law, and/or other sources of funding established by separate ordinance.
The City has obtained a permit for the discharge of storm water from a Municipal Separate Storm Sewer System (MS4 permit) from the IDNR. Said permit is on file at the Stormwater Utility office and is available for public inspection during regular office hours.
(Ord. 1798 – Apr. 14 Supp.)
Terms used in this chapter have the meanings specified in the Program. As used in this chapter, the following terms are defined:
1. An “illicit connection” to the City’s storm sewer system is 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, which causes or facilitates, directly or indirectly, an illicit discharge.
2. "Municipal separate storm sewer system" or "MS4" means the conveyance or system of conveyances including storm sewers, roadways, roads with drainage systems, catch basins, curbs, gutters, ditches, constructed channels and storm drains owned or operated by the City of Ankeny.
(Ord. 1661 - Jul. 10 Supp.)
3. "Property" includes but is not limited to real estate, fixtures, facilities, and premises of any kind located upon, under, or above the real estate.
4. "Responsible party" means 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 chapter and jointly and severally liable for any illicit discharge from the property controlled, possessed, or owned.
1. Nothing in this chapter shall be deemed to relieve a responsible party subject to an IDNR-issued industrial discharge permit or any other Federal, State or City permit, statute, ordinance or rule from any obligation imposed by such permit, statute, ordinance, or rule if any such obligation is greater than any obligation imposed by this chapter.
2. Any discharge into the City’s storm sewer system prohibited by the City’s MS4 permit, the terms of which are hereby incorporated by reference, shall be deemed an “illicit discharge” in violation of this chapter.
3. Sediment pollution originating from excessive erosion rates on a construction site or sediment pollution entering a municipal storm sewer that causes a water quality violation as determined by the IDNR shall be deemed an illicit discharge in violation of this chapter.
4. The following discharges are not authorized and shall be deemed an illicit discharge in violation of this chapter.
A. Floor drains directed to the storm water system shall be considered discharges even if no actual pollutants are observed entering the system from such a source.
B. Solvents; detergents or other surfactants; and spills or leaks of toxic or hazardous materials; fertilizers; pesticides; and waste products such as ashes, slag and sludge.
C. Solid waste, litter, animal waste and landscape waste, including significant quantities of leaves and grass clippings deposited or placed along streams, ponds, channels, or on sidewalks, street right of ways or other public property subject to runoff or otherwise discharged to the storm water system.
(Ord. 1661 - Jul. 10 Supp.)
The construction, use, maintenance, or continued existence of any illicit connection shall constitute a violation of this chapter. 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.
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