1003.03 DEFINITIONS.

   The words and terms used in this regulation, unless otherwise expressly stated, shall have the following meaning:

   (a)   "Best Management Practices 'BMP'" means 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 to storm water.  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.

   (b)   "Hazardous Material" means 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.

   (c)   "Illicit Discharge" means any discharge to a Municipal Storm Sewer System that is not composed entirely of storm water, except for those discharges made pursuant to an NPDES permit or noted in Section 1003.06 of this regulation.

   (d)   "Illegal Connection" means any drain or conveyance, whether on the surface or subsurface, that allows an Illicit Discharge to enter the Municipal Storm Sewer System.

   (e)   "Municipal Storm Sewer System" means all of the various facilities and systems used by the City for collecting and/or conveying storm water which includes drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm sewers. 

   (f)   "Off-Lot Discharging Home Sewage Treatment System" means a system designed to treat home sewage on-site and discharges treated wastewater effluent off the property into a storm water or surface water conveyance or system.

   (g)   "Owner/Operator" means any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or on the owner's behalf.

   (h)   "Pollutant" means anything that causes or contributes to pollution. Pollutants may include, but are not limited to, paints, varnishes, solvents, oil and other automotive fluids, non-hazardous liquid and solid wastes, yard wastes, refuse, rubbish, garbage, litter or other discarded or abandoned objects, floatable materials, pesticides, herbicides, fertilizers, Hazardous Materials, wastes, sewage, dissolved and particulate metals, animal wastes, residues that result from constructing a structure, and noxious or offensive matter of any kind.

      (Ord. 2018-94.  Passed 10-21-19; Ord.  2020-57.  Passed 4-20-20.)

1003.04 CONFLICTS, SEVERABILITY, NUISANCES AND RESPONSIBILITY.

   (a)   Compliance with the provisions of this regulation shall not relieve any person from responsibility for damage to any person otherwise imposed by law. The provisions of this regulation are promulgated to promote the health, safety, and welfare of the public and are not designed for the benefit of any individual or for the benefit of any particular parcel of property.

   (b)   Where this regulation is in conflict with other provisions of law or ordinance, the most restrictive provisions shall prevail.

   (c)   If any provision of this regulation is declared invalid or unconstitutional by a court of competent jurisdiction, the validity of the remainder shall not be affected thereby.

   (d)   This regulation shall not be construed as authorizing any person to maintain a nuisance on their property, and compliance with the provisions of this regulation shall not be a defense in any action to abate such a nuisance.

   (e)   Failure of the City to observe or recognize hazardous or unsightly conditions or to recommend corrective measures shall not relieve the site owner from the responsibility for the condition or damage resulting there from.

(Ord. 2018-94.  Passed 10-21-19; Ord.  2020-57.  Passed 4-20-20.)

1003.05 RESPONSIBILITY AND AUTHORITY.

   The Engineer shall administer, implement, and enforce the provisions of this regulation.  (Ord. 2018-94.  Passed 10-21-19; Ord.  2020-57.  Passed 4-20-20.)

1003.06 DISCHARGE AND CONNECTION PROHIBITIONS.

   (a)   Prohibition of Illicit Discharges.  No person shall discharge, or cause to be discharged, an Illicit Discharge into the Municipal Storm Sewer System. The commencement, conduct, or continuance of any Illicit Discharge to the Municipal Storm Sewer System is prohibited except as described below:

      (1)   Water line flushing; landscape irrigation; diverted stream flows; rising ground waters; uncontaminated ground water infiltration; uncontaminated pumped ground water; discharges from potable water sources; foundation drains; air conditioning condensate; irrigation water; springs; water from crawl space pumps; footing drains; lawn watering; individual residential car washing; flows from riparian habitats and wetlands; dechlorinated swimming pool discharges; street wash water; and discharges or flows from firefighting activities.

      (2)   Discharges authorized in writing by the Engineer as being necessary to protect public health and safety.

      (3)   Discharges from Off-Lot Discharging Home Sewage Treatment Systems permitted by the Cuyahoga County Board of Health for the purpose of discharging treated sewage effluent in accordance with Ohio Administrative Code 3701-29-02(6). These discharges are exempt unless such discharges are deemed to be creating a public health nuisance by the Board of Health.

   (b)   Prohibition of Illegal Connections.    The construction, use, maintenance, or continued existence of Illegal Connections to the Municipal Storm Sewer System is prohibited.  This prohibition expressly includes, without limitation, Illegal Connections made prior to the effective date of this regulation, regardless of whether the connection was permissible at the time of connection.  A person is considered to be in violation of this regulation if the person connects a line conveying Illicit Discharges to the Municipal Storm Sewer System, or allows such a connection to continue.  (Ord. 2018-94.  Passed 10-21-19; Ord.  2020-57.  Passed 4-20-20.)

1003.07 MONITORING OF ILLICIT DISCHARGES AND ILLEGAL CONNECTIONS.

   (a)   Establishment of an Illicit Discharge and Illegal Connection Monitoring Program: The Engineer is hereby authorized to establish a program to detect and eliminate Illicit Discharges and Illegal Connections to the Municipal Storm Sewer System. This program shall include the mapping of the Municipal Storm Sewer System, including Municipal Storm Sewer System Outfalls and home sewage treatment systems; the periodic inspection of storm water outfalls to the Municipal Storm Sewer System, and the periodic investigation of potential residential, commercial, industrial, and institutional facilities for the sources of any dry weather flows found as the result of such periodic inspections.

   (b)   Inspection of Residential, Commercial, Industrial, or Institutional Facilities.

      (1)   The Engineer, or his designee, shall be permitted to enter and inspect facilities subject to this regulation as may be necessary to determine compliance. Any temporary or permanent obstruction to safe and reasonable access to the facility to be inspected shall be promptly removed by the facility's Owner/Operator at the request of the Engineer.

      (2)   The Engineer shall have the right to require the facility Owner/Operator to install monitoring equipment as necessary. This sampling and monitoring equipment shall be maintained at all times in safe and proper operating condition by the facility Owner/Operator at the Owner/Operator's expense. All devices used to measure storm water flow and quality shall be calibrated to ensure their accuracy.

      (3)   If the City is refused access to any part of the facility from which storm water is discharged, and the Engineer demonstrates probable cause to believe that there may be a violation of this regulation, or that there is a need to inspect to verify compliance with this regulation or any order issued hereunder, or to protect the public health, safety, and welfare, the City may seek issuance of a search warrant, civil remedies including but not limited to injunctive relief, and/or criminal remedies from any court of appropriate jurisdiction.

      (4)   Costs associated with these inspections may be assessed against the facility Owner/Operator.  (Ord. 2018-94.  Passed 10-21-19; Ord.  2020-57.  Passed 4-20-20.)

1003.08 ENFORCEMENT.

   (a)   It shall be unlawful for any Owner/Operator to violate any provision or fail to comply with any of the requirements of this regulation.  When the Engineer finds that a person has violated a prohibition or failed to meet a requirement of this regulation, he may order compliance by written Notice of Violation. Such notice shall specify the violation and shall be hand delivered or sent by registered mail, to the Owner/Operator of the facility.

   (b)   Such Notice of Violation may require:

      (1)   The performance of monitoring, analyses, and reporting;

      (2)   The elimination of Illicit Discharges or Illegal Connections;

      (3)    That violating discharges, practices, or operations cease and desist;

      (4)   The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; and/or

      (5)   The implementation of source control or treatment BMPs.

   (c)   If abatement of a violation and/or restoration of affected property is required, the Notice of Violation shall set forth a deadline within which such remediation or restoration must be completed. Said Notice shall further advise that, should the facility Owner/Operator fail to take the necessary corrective action within the established deadline, a legal action for enforcement may be initiated.

   (d)   If an Owner/Operator has violated or continues to violate the provisions of this regulation, the Engineer may petition for a preliminary or permanent injunction restraining the Owner/Operator from activities that would create further violations or compelling the Owner/Operator to perform abatement or remediation of the violation.

   (e)   Any person receiving a Notice of Violation shall have the right to appeal the determination of the Engineer by filing a request for an administrative hearing.  Any such appeal must be filed in writing with the Building Commissioner within ten (10) working days of receipt of the Notice of Violation.  Upon receipt of an appeal and request for an administrative hearing, the Building Commission shall schedule the matter for the next regularly scheduled meeting of the Commission at which time the applicant shall be heard and testimony may be given.  Upon the conclusion of the hearing, the Commission shall make a determination regarding the existence of a violation and the necessity, type, and time frame of any corrective action required.

(Ord. 2018-94.  Passed 10-21-19; Ord.  2020-57.  Passed 4-20-20.)