§ 53.11 ILLICIT DISCHARGES PROHIBITED.

   (A)   For purposes of §§ 53.11 through 53.18, a RESPONSIBLE PARTY is 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 §§ 53.11 through 53.18 and jointly and severally liable for any illicit discharge from the property controlled, possessed or owned. For purposes of §§ 53.11 through 53.18, PROPERTY includes but is not limited to real estate, fixtures, facilities and premises of any kind located upon, under or above the real estate.

   (B)   Nothing in §§ 53.11 through 53.18 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 the permit, statute, ordinance or rule if any obligation is greater than any obligation imposed by §§ 53.11 through 53.18.

   (C)   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 §§ 53.11 through 53.18.

   (D)   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 DNR shall be deemed an illicit discharge in violation of §§ 53.11 through 53.18.

(Ord. 2320, passed 3-14-2006; Ord. 2543, passed 9-27-2016) Penalty, see § 53.99