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A. No person shall place, drain, or otherwise discharge, cause, or allow others under their control to place, drain, or otherwise discharge into the storm drainage system or MS4 any pollutants or waters containing any pollutants, other than normal stormwater unless specifically exempted in subsection C of this section.
B. The following discharges into the MS4 or the storm drainage system shall be prohibited: discharges that are not a direct result of precipitation and/or snowmelt within the drainage area of the MS4; and discharges from an illicit connection.
C. The following discharges are exempt from discharge prohibitions established herein provided the director determines they do not cause an adverse effect on water quality:
(1) Discharges caused by governmental public works and stormwater management units as part of their standard operations in compliance with all applicable regulations.
(2) Water line flushing and street wash water.
(3) Discharges required by law or authorized by permit, including any nonstormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered by the USEPA and/or IEPA.
(4) Landscape irrigation water.
(5) Rising groundwaters.
(6) Groundwater infiltration.
(7) Pumped groundwater.
(8) Discharges from potable water sources.
(9) Foundation drains.
(10) Air conditioning condensate.
(11) Irrigation water (except for wastewater irrigation).
(13) Water from crawl space pumps.
(14) Footing drains.
(15) Storm sewer cleaning water.
(16) Water from any outdoor residential, charitable, or automobile dealership premises car wash.
(17) Routine external building washdown which does not use detergents.
(18) Flows from riparian habitats and wetlands.
(19) Dechlorinated pH neutral swimming pool discharges.
(20) Residual street wash water.
(21) Discharges or flows from firefighting activities.
(22) Dechlorinated water reservoir discharges.
(23) Pavement wash waters where spills or leaks of toxic or hazardous materials have not occurred (unless all spilled material has been removed).
(24) Discharges associated with dye testing of water line, sanitary sewers, storm sewers, private drains or septic systems; however, this activity shall not take place until the discharger, or tester, has provided notification to the department at least two (2) full business days prior to the test date, unless an emergency situation does not allow time for such notification.
(25) Other discharges approved by the director as being substantially like any of the discharge types enumerated above.
D. The construction, use, maintenance, or continued existence of illicit connections to the storm drainage system or MS4 is prohibited. Illicit connections made in the past are expressly prohibited, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
E. Connections in violation of this section must be disconnected and redirected, if necessary, to an approved on site wastewater management system or the sanitary sewer system upon approval of the director.
F. Any drain or conveyance that has not been documented in plans, maps or equivalent, and which may be connected to the storm sewer system or MS4, shall be located by the owner or occupant of that property upon receipt of written notice of violation from the director requiring that such locating be completed. Such notice shall 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, MS4, sanitary sewer system, or other discharge point be identified. Results of these investigations are to be documented and provided to the director.
G. Any person operating a facility subject to an industrial activity NPDES stormwater discharge permit shall submit a copy of the notice of intent (NOI) to the director at the same time the operator submits the original notice of intent to the IEPA as applicable. 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 notice of intent to do so to the director.
H. Notwithstanding other requirements of law, as soon as any person owning, leasing or exercising control over a property, or responsible for emergency response for a property, has information of any known or suspected release of materials which are resulting or may result in illicit discharges or pollutants discharging into the MS4 or the storm drainage system, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such spill.
(1) In the event of such spill, said person shall immediately notify local emergency dispatch services and act in accordance with Illinois emergency management agency (IEMA) and IEPA regulations.
(2) Said person shall notify the department of the spill in person or by phone, facsimile, or e-mail no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the department within three (3) business days of the phone notice. If the spill emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on site written record of the spill and the actions taken to prevent its recurrence. Such records shall be retained for at least five (5) years.
I. Failure to provide notification of a release as provided above is a violation of this section. Proper notice, including containment and cleanup shall exempt the notifying parties from applicable fines; notwithstanding that a party causing a spill that contaminates or harms a storm sewer system shall not be relieved of liability for damages resulting from such act.
J. A violation of this section includes when a person: performs any act expressly prohibited by any provision of this section; or disobeys, neglects, or fails to carry out or comply with any provision of this section or of any order or notice issued by the director; or allows any condition or act that violates any provision of this section to continue unabated on property owned, leased, managed, or under the control of such person; or directs, orders, permits, or allows a second person to do any act expressly prohibited by any provision of this section, or to maintain or continue unabated any condition or act that violates any provision of this section on property owned, leased, managed or under the control of the first person.
K. The director may issue a notice of violation ordering a person to take action to achieve compliance with the provisions of this section and/or to cease and desist from any action conducted in violation of this section. Failure to comply with the terms and conditions of a notice of violation and order to comply shall constitute a violation of this section.
(1) The director shall set forth the form and content of any notices issued under this section.
(2) The director may issue a warning of violation ordering a person to take action to achieve compliance with the provisions of this section. If a person fails to comply with the terms and conditions of a warning, the director may, thereafter, issue a notice of violation.
(3) The director may issue a warning of violation and disburse educational materials outlining appropriate measures to minimize the discharge of pollutants.
L. If a person fails to comply with an order issued under this section, the director may direct the appropriate legal counsel to commence legal proceeding authorized by this section, under the law or equity, necessary to enforce any provision of this section and/or to protect public health and safety.
M. When the director finds that any person has violated, or continues to violate, any provision of this section, 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, storm drainage system, and an imminent threat of violation is present, the director may issue an emergency order to the violator directing the violator to:
(1) Immediately cease and desist all such violations and comply with all section requirements; and
(2) Take such appropriate preventive action as may be needed to properly address a continuing or threatened violation, including immediately halting operations and/or terminating the discharge.
N. Any person notified of an emergency order under this section 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 department may take such steps as deemed necessary to prevent or minimize harm to the MS4, storm drainage system, 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 department may allow the person to recommence its discharge when it has demonstrated to the satisfaction of the department that the period of endangerment has passed, unless further termination proceedings are initiated against the discharger under this section. 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 department within fifteen (15) 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, taking any other action against the violator.
O. Any condition caused or permitted to exist in violation of any provision of this section shall constitute a threat to public health and safety and is declared and deemed a public nuisance.
P. Any person violating any provision of this section shall be fined not less than one hundred dollars ($100.00) nor more than seven hundred fifty dollars ($750.00) for each day, or portion of a day, during which such violation is committed, continued or permitted, with each day, or portion of a day, that said violation is committed, continued or permitted constituting a separate and distinct offense.
Q. In emergency situations involving an immediate threat to public health and safety, the director may direct legal counsel to immediately commence any legal equitable proceeding necessary to restrain, abate and/or remedy said situation. The director may take such action without having to first issue a notice of violation to the person(s) having control of, or acting as agent for, such premises where the nuisance is located, or, waiting for such person(s) to abate or remove such nuisance as previously ordered by the director. Further, the department 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, storm drainage system, or waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the department may take such steps as deemed necessary to prevent or minimize damage to the MS4, storm drainage system, or waters of the United States, or to minimize danger to public health and safety.
R. The department shall obtain an emergency court order authorizing such termination.
S. In all other cases the director may notify, in writing, the person(s) having control of, or acting as agent for, such premises where the nuisance is located and directing such person(s) to abate or remove such nuisance within such time as is stated on the notice. Upon the failure or refusal of such person(s) to comply with the notice, the director may direct that appropriate proceeding commence to compel the abatement, or removal, of such a nuisance in any manner allowed by law, equity, or this section and/or authorizing the department to act to abate, or remove, such nuisance. The person(s) having control of such premises, in addition to the other remedies provided by this section, shall be liable to the department for any costs incurred by the department to effect such abatement, or removal, including reasonable attorney fees and other costs of enforcement, to be recovered by a court of competent jurisdiction.
T. Where the conditions imposed by any provision of this section are either more restrictive or less restrictive than comparable conditions imposed by any other applicable statute, law, code, regulation, or rule, the provision that is most restrictive or imposes the higher standards or requirements shall apply. The provisions of this section shall be interpreted to be cumulative of, and to impose limitations in addition to, all other laws, codes, and regulations, in existence or which may be passed governing any subject matter of this chapter. To the greatest extent possible, the provisions of this section shall be construed to be consistent with, and not in conflict with, the provisions of such other laws, codes, and regulations, and with each other, to the end that all such provisions may be given their fullest application.
U. The village is a full participant in DuPage County's illicit discharge detection and elimination program, pursuant to an intergovernmental agreement between the village and DuPage County.
V. Any person aggrieved by any decision, ruling, or determination by the director, or by any interpretation or application of any provision of this section may appeal such matter. A written appeal of any decision made by the director shall be made within seven (7) days of the decision contested, excepting an appeal involving the assessment charge or calculation of any fine or penalty in which cases an appeal shall be brought before said amount becomes thirty (30) days past due. Upon receipt of such notice of appeal, the director shall set a date for a hearing before the village board of trustees. Such hearing shall take place no fewer than fourteen (14) days nor more than thirty (30) days from the date that the director receives such notice of appeal unless the director and party requesting the hearing agree to a different schedule. The director shall notify the person making the appeal of the date of such hearing. At the hearing the person making the appeal may appear in person or be represented by counsel, or submit his case in writing. The decision concerning the appeal shall be in writing, shall be communicated to the person making the appeal, and shall state a finding upon which the decision is based. The village board of trustees shall have the authority to reverse, modify, or affirm any decision, ruling, or determination by the director.
W. For purposes of this section, the following words and terms shall be defined as follows:
BUILDING: A structure that is constructed or erected partially or wholly aboveground and is enclosed by walls and a roof. The term "building" includes manufactured homes and includes both the aboveground and the belowground portions of the structure.
CLEAN WATER ACT (CWA): The federal water pollution control act (33 USC section 1251 et seq.), and any subsequent amendments thereto.
COMMITTEE: The public works committee of the village of Clarendon Hills.
DEPARTMENT: The village of Clarendon Hills public works department.
DIRECTOR: The village of Clarendon Hills director of public works.
DRAIN: Piping and appurtenances for conveying a fluid.
FACILITY: Something that is built, installed, or established to serve a particular purpose.
HAZARDOUS MATERIALS: Any material which may cause, or significantly contribute to, a substantial hazard to human health, safety, property, or the environment.
ILLICIT CONNECTIONS: An illicit connection is defined as either of the following: 1) any drain or conveyance, whether on the surface or subsurface that allows an illicit discharge to enter the storm drainage system including, but not limited to, any conveyances that allow any nonstormwater discharge including sewage, process wastewater, and wash water to enter the storm drainage system and any connections to the storm drainage system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by the village, or 2) any drain or conveyance connected from a commercial or industrial land use to the storm drainage system that has not been documented in plans, maps, or equivalent records and approved by the village.
ILLICIT DISCHARGE: Any direct or indirect nonstormwater discharge to the storm drainage system, except as exempted in subsection C of this section.
INDUSTRIAL ACTIVITY: Activities subject to an industrial NPDES stormwater permit as defined in 40 CFR, section 122.26(b)(14).
LINE: A hollow conduit through which fluids are transported between two (2) or more points.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4): A conveyance or system of conveyances (including, but not limited to, sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, and storm sewers) owned or operated by a governmental entity and designed or used for collecting or conveying stormwater, and that is not used for collecting or conveying sewage.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT: A permit issued by the Illinois environmental protection agency (IEPA) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group or general areawide basis.
NONSTORMWATER DISCHARGE: Any discharge to the storm drainage system that is not the direct result of precipitation and/or snowmelt in the tributary drainage basin.
NOTICE OF INTENT (NOI): Illinois environmental protection agency notice of intent to participate in coverage under the general permit to discharge stormwater associated with industrial activity.
PARCEL: Contiguous land under single ownership or control.
PERSON: Any individual, association, partnership, public or private corporation, municipality, political subdivision, government agency or any other legal entity, including heirs, successors, agents, officers and assigns of such entity.
pH NEUTRAL: pH value between 6.5 and 9.0 standard units.
POLLUTANT: Anything that causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, wastewater, dredged spoil, solid waste, incinerator residue, sewage garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, or industrial, municipal and agricultural waste or any other contaminant exhibiting certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor), fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.
PREMISES: Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
RUNOFF: The waters derived from precipitation and/or melting snow within a tributary drainage basin that exceeds the infiltration capacity of that basin.
SEWAGE: Polluted stormwater, wastewater, or other refuse liquids usually conveyed by sewers.
SEWER: An artificial conduit to carry off sewage and/or surface water (as from rainfall), including sanitation, stormwater, and/or combined sewers.
SEWERAGE: A system of sewers and appurtenances for the collection, transportation, pumping, and treatment of sewage.
STORM DRAINAGE SYSTEM: A facility by which stormwater is collected and/or conveyed, including, but not limited to, any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and humanmade or altered drainage channels, reservoirs, and other drainage structures.
STORMWATER: Any flow, runoff, and drainage from any form of natural precipitation, and resulting from such precipitation.
STRUCTURE: Anything that is erected or constructed. The term "structure" includes, without limitation: buildings, manufactured homes, tanks, dams, sewers, constructed channels, outfalls, parking lots, driveways, roads, sidewalks, and concrete patios.
VILLAGE: The Village of Clarendon Hills, DuPage County, Illinois.
WASTEWATER: Water that has been used and is not for reuse unless treated by a wastewater treatment facility.
WATERS OF THE UNITED STATES: As defined in the CWA, "waters of the United States" applies only to surface waters, rivers, lakes, estuaries, coastal waters, and wetlands. Not all surface waters are legally "waters of the United States". Generally, those waters include the following: all interstate waters; intrastate waters used in interstate and/or foreign commerce; tributaries of the above; territorial seas at the cyclical high tide mark; and wetlands adjacent to all the above. (Ord. 09-12-54)