Section
53.01 Definitions
53.02 Purpose and intent
53.03 Applicability
53.04 Compatibility with other regulations
53.05 Responsibility for administration
53.06 Ultimate responsibility
53.07 Prohibition of illegal discharges
53.08 Prohibition of illicit connections
53.09 Industrial or construction activity discharges
53.10 Requirements to prevent, control and reduce stormwater pollutants by the use of best management practices
53.11 Requirement to eliminate illegal discharges
53.12 Watercourse protection/stream bank protection
53.13 Suspension of MS4 access
53.14 Access and inspection of properties and facilities
53.15 Requirement to monitor and analyze
53.16 Notification of accidental discharges and spills
53.17 Notice of violation
53.18 Appeal of notice of violation
53.19 Enforcement measures after appeal
53.20 Cost of abatement of the violation
53.21 Injunctive relief
53.22 Alternative actions upon violation
53.23 Violations deemed a public nuisance
53.24 Remedies not exclusive
53.25 Severability
53.99 Penalty
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCIDENTAL DISCHARGE. A discharge prohibited by this chapter which occurs by chance and without planning or thought prior to occurrence.
AUTHORIZED ENFORCEMENT AGENCY. Employees or designees of the city designated to enforce this chapter.
BEST MANAGEMENT PRACTICES (BMPs). 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 directly or indirectly to stormwater, receiving water or stormwater conveyance systems. 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.
CLEAN WATER ACT. The Federal Water Pollution Control Act (33 U.S.C. §§ 1251 et seq.) and subsequent amendments thereto.
CONSTRUCTION ACTIVITY. Activities subject to the national pollutant elimination system (NPDES) construction permits. Currently these include construction projects resulting in land disturbance of one acre or more. Such activities include, but are not limited to, clearing and grubbing, grading, excavation and demolition.
HAZARDOUS MATERIALS. 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.
ILLEGAL DISCHARGE. Any direct or indirect non-stormwater discharge to the storm drain system, except as exempted in § 53.07 of this code.
ILLICIT CONNECTIONS. Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including, but not limited to, any conveyances which allow any non-stormwater discharge including sewage, process wastewater and wash water to enter the storm drain system and connections to the storm drain system from indoor drains and sinks, regardless of whether drain or connection had been previously allowed, permitted or approved by an authorized enforcement agency or any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps or equivalent records and approved by an authorized enforcement agency.
INDUSTRIAL ACTIVITY. Activities subject to NPDES industrial permits as defined 40 C.F.R. § 122.26(b)(14).
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4). The stormwater sewer system and appurtenances, including established natural drain-ways and ditches used to transport and handle the flow of stormwater.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT. A permit issued by EPA (or by a state under authority delegated pursuant to 33 U.S.C. § 1342(B)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group or general area-wide basis.
NON-STORMWATER DISCHARGE. Any discharge to the storm drain system that is not composed entirely of stormwater.
PERSON. Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner’s agent.
POLLUTANT. Anything which causes or contributes to pollution. POLLUTANTS may include, but are not limited to: Soils; paints, varnishes and solvents; oils and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter or other discarded or abandoned objects, military supplies and inventories, so the same may cause or contribute to pollution; floatables; pesticides, herbicides and fertilizers; hazardous substances and wastes; sewage, 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. POLLUTANTS lead to the human-made or human-induced alteration of the chemical, physical, biological or radiological integrity of an aquatic ecosystem.
PREMISES. Any building, lot, parcel of land or portion of land, whether improved or unimproved, including adjacent sidewalks and parking areas.
STORM DRAINAGE SYSTEM. Publicly-owned facilities 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 human-made or altered drainage channels, reservoirs and other drainage structures.
STORMWATER. Any surface flow, runoff and drainage consisting entirely of uncontaminated water from any form of natural precipitation and resulting from such precipitation.
WASTEWATER. Any water or other liquid, other than uncontaminated stormwater, discharged from a facility.
(Prior Code, § 53.01) (Ord. 18-21, passed 9-4-2018)
The purpose of this chapter is to protect the public health, safety, environment and general welfare through the regulation of non-stormwater discharges to the city municipal separate storm sewer system to the maximum extent practicable as required by federal and state law. This chapter establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements on the national pollutant discharge elimination system (NPDES) permit process. The objectives of this chapter are:
(A) To regulate the contribution of pollutants to the municipal separate storm sewer system (MS4) by stormwater discharges by any user;
(B) To prohibit illicit connection and discharges to the municipal separate storm sewer system;
(C) To prevent non-stormwater discharges generated as a result of spills, inappropriate dumping or disposal to the municipal separate storm sewer system; and
(D) To establish legal authority to carry out all inspections, surveillance, monitoring and enforcement procedures necessary to ensure compliance with this chapter.
(Prior Code, § 53.02) (Ord. 18-31, passed 9-4-2018)
This chapter is not intended to modify or repeal any other ordinance, rule, regulation or other provision of law. The requirements of this chapter are in addition to the requirements of any other ordinance, rule, regulation or other provision of law. Where this chapter is in conflict with any other provisions of law, the provision which is more restrictive or imposes higher protective standards for human health or the environment shall control.
(Prior Code, § 53.04) (Ord. 18-31, passed 9-4-2018)
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