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(A) Designated Berea staff shall have right-of-entry on or upon the property of any person subject to this chapter and any permit/document issued hereunder. The staff shall be provided access, as described in this chapter, to all parts of the premises for the purposes of inspection, monitoring, sampling, inventory, records examination and copying, and the performance of any other duties necessary to determine compliance with this chapter.
(B) If the city 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 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 city may seek issuance of a search warrant from any court of competent jurisdiction.
(C) The city has the right to determine and impose inspection schedules necessary to enforce the provisions of this section. Inspections may include, but are not limited to the following inspections.
(1) An initial inspection prior to stormwater management plan approval;
(2) An inspection prior to burial of any underground drainage structure;
(3) Erosion control inspections as necessary to ensure effective control of sediment prior to discharge to the municipal separate storm sewer system;
(4) A final inspection when all work, including installation of storm management facilities, has been completed; and
(5) An inspection to determine the effectiveness or operational viability of a permanent or long-term stormwater quality management practice.
(Ord. No. 24-14, § 1, 12-16-14)
Nothing contained in this chapter, and no action or failure to act under this chapter shall be construed to:
(A) Impose any liability on the City of Berea, or other administrating or enforcement agency or entity for the recovery of damages caused by such action or failure to act; or
(B) Relieve the permittee of the duties, obligations, responsibilities, or liabilities arising from or incident to the operations associated with the land disturbing activity.
(Ord. No. 24-14, § 1, 12-16-14)
ARTICLE II. ILLICIT DISCHARGE CONTROL
The requirements set forth in this section are intended to:
(A) Prohibit illicit discharges and connections to the MS4;
(B) Regulate the contribution of pollutants to stormwater discharges to the MS4 by any user; and
(C) To establish legal authority to carry out all inspection, surveillance, monitoring, and enforcement procedures necessary to ensure compliance with this section.
(Ord. No. 24-14, § 1, 12-16-14)
(A) No person, company, developer or any other entity shall discharge or cause to be discharged into the MS4, community waters or waters of the Commonwealth any non-storm water materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than stormwater. The commencement, conduct or continuance of any illicit discharge is prohibited.
(B) The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited. This prohibition includes without limitation, illicit connections made in the past, including lines conveying sewage to the MS4, regardless of whether the connection was permissible under law or practice applicable at the time of connection.
(C) Improper connections in violation to the section must be disconnected and redirected, if necessary, to the sanitary sewer system upon approval of the City of Berea and Berea Utilities.
(D) No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, left, or maintained, in or upon a sidewalk, parking lot or street, any component of the MS4, community waters or waters of the Commonwealth, unpermitted (KDPES) industrial and commercial wastes, commercial car wash wastes, sanitary sewage, garbage, yard waste, petroleum products, including used motor vehicle fluids, leaf litter, grass clippings, brush, animal wastes, any other refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that the same may cause or contribute to pollution. Wastes deposited in proper waste receptacles for the purposes of collection are exempted from this prohibition.
(Ord. No. 24-14, § 1, 12-16-14)
(A) Unless the City of Berea has identified them as a source of pollutants to the water of the Commonwealth of Kentucky, the following non-storm water discharges into the MS4 of the City of Berea are permitted:
(1) A discharge or flow from water line flushing, de-chlorinated through city accepted BMPs;
(2) A discharge or flow of fire protection water that does not contain oil or hazardous substances or materials that the Fire Code requires to be contained and treated prior to discharge;
(3) A discharge or flow from lawn watering, or landscape irrigation;
(4) A discharge or flow from a diverted stream flow or natural spring;
(5) A discharge or flow from rising groundwater, uncontaminated groundwater infiltration (as defined in 40 CFR 35 2005(20) to separate storm sewers), or uncontaminated pumped groundwater;
(6) Uncontaminated discharge or flow from a foundation drain, crawl space pump or footing drain;
(7) A discharge or flow from air conditioning condensation;
(8) A discharge or flow from individual residential car washing;
(9) A discharge or flow from a riparian habitat or wetland;
(10) De-chlorinated drainage from a private residential swimming pool containing no harmful quantities of chlorine or other chemicals;
(11) A discharge or flow from street wash water resulting from normal street cleaning operations;
(12) A discharge or flow from emergency firefighting activities;
(13) A discharge or flow from any other water source not containing pollutants;
(14) Upon verbal notification of the City of Berea and prior to time of the test, a discharge or flow from dye testing.
(B) No discharge or flow will be permitted if it has been determined by the Enforcement Agency of the City of Berea to be a source of a pollutant or pollutants to the MS4, community waters or waters of the commonwealth. Written notice of such determination shall be provided by the Enforcement Agency of the City of Berea to the discharger.
(Ord. No. 24-14, § 1, 12-16-14)
(A) Suspension due to illicit discharges in emergency situations. The Enforcement Agent of the City of Berea 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 authorized enforcement agency 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.
(B) Suspension due to the detection of illicit discharge.
(1) Any person discharging to the MS4 in violation of this chapter may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The Enforcement Agent of the City of Berea will notify a violator of the proposed termination of its MS4 access. The violator may petition the authorized enforcement agency for a reconsideration and hearing.
(2) A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this section, without the prior approval of the authorized enforcement agency.
(Ord. No. 24-14, § 1, 12-16-14)
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