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(A) Suspension due to illicit discharges in emergency situations. The city 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 state or the United States of America, or to minimize danger to persons or property.
(B) Suspension due to the detection of illicit discharge. Any person discharging to the MS4 in violation of this chapter may have his or her MS4 access terminated if such termination would abate or reduce an illicit discharge. The city will notify a violator of the proposed termination of its MS4 access. The violator may petition the City Administrator for reconsideration and hearing. A person commits an offense if that person reinstates MS4 access to premises terminated pursuant to this section, without prior written approval of the City Engineer.
(Prior Code, § 53.14) (Ord. 18-31, passed 9-4-2018)
The City Engineer or designee may enter and inspect properties and facilities at reasonable times as often as may be necessary to determine compliance with this chapter.
(A) Employees of the city may enter and inspect facilities subject to regulations under this chapter as often as may be necessary to determine compliance with this chapter.
(B) Facility operators shall allow authorized employees of the city ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of a NPDES permit to discharge stormwater and performance of any additional duties as defined by state and federal law.
(C) The city may set up on any permitted facility such devices as are necessary in the opinion of the City Engineer to conduct monitoring and/or sampling of the facility’s stormwater discharge.
(D) The city may require the discharger to install monitoring equipment as necessary. The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure accuracy.
(E) The temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the city and shall not be replaced. The costs of clearing such access shall be borne by the operator.
(F) Unreasonable delays in allowing the city access to a permitted facility is a violation of a stormwater discharge permit and of this chapter. A person who is the operator of a facility with a NPDES permit to discharge stormwater associated with industrial activity commits an offense if the person denies the authorized enforcement agency reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this chapter.
(G) If the representatives of the city have been refused access to any part of the premises from which stormwater is discharged, the city may seek issuance of a search warrant from any court of competent jurisdiction.
(Prior Code, § 53.15) (Ord. 18-31, passed 9-4-2018)
The city may require by written notice of requirement that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to stormwater pollution, illegal discharges, and/or non-stormwater discharges to the storm drain system or waters of the United States, to undertake at said person’s expense such monitoring and analyses and furnish such reports to the city as deemed necessary to determine compliance with this chapter.
(Prior Code, § 53.16) (Ord. 18-31, passed 9-4-2018)
(A) Notwithstanding other requirements of the law, as soon as any person responsible for a facility, activity or operation, or responsible for emergency response for a facility, activity or operation has information of any known or suspected release of pollutants or non-stormwater discharges from that facility or operation which are resulting or may result in illicit discharges or pollutants discharging into the city separate storm sewer system, waters of the state or the waters of the United States of America, said person shall take all necessary steps to ensure the discovery, containment and cleanup of such release so as to minimize the effects of the discharge.
(B) (1) Said person shall notify the City Engineer or designee of the City Engineer within 24 hours of the nature, quantity and time of occurrence of the discharge. Notifications that are not in writing shall be confirmed by written notice addressed and mailed to the City Engineer or designee within three business days of the telephone call or personal notification.
(2) If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the action taken to prevent its recurrence. Such records shall be retained for at least three years. Said person shall also take immediate steps to ensure no recurrence of the discharge or spill.
(C) In the event of such a release of hazardous materials, emergency response agencies and/or other appropriate agencies shall be immediately notified.
(D) Failure to provide notification of a release as provided above is a violation of this chapter.
(Prior Code, § 53.17) (Ord. 18-31, passed 9-4-2018) Penalty, see § 53.99
Whenever the city finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the City Engineer may order compliance by written notice of violation to the responsible person. Such notice shall be sent via regular U.S. mail or via hand delivery to the owner of the property.
(A) The notice shall include:
(1) The name and address of the alleged violator;
(2) The address when available or a description of the building, structure or land upon which the violation is occurring or has occurred;
(3) A statement specifying the nature of the violation;
(4) A description of the remedial action;
(5) A statement of the penalty or penalties that shall or may be assessed against the person or persons to whom the notice of violation is direct; and
(6) A statement that the determination of violation may be appealed to the City Administrator by filing a written notice of appeal within 30 days of service of notice of violation.
(B) In the event of a violation, the city may require:
(1) The performance of monitoring, analyses and reporting;
(2) The elimination of illicit discharges and illegal connections;
(3) That violating discharges, practices or operations shall cease and desist;
(4) The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
(5) Payment of costs to cover administrative and abatement costs;
(6) The implementation of pollution prevention practices; and
(7) Such other action as may be reasonably necessary to accomplish the purposes of this chapter.
(C) If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by the city or a contractor designated by the Director of Public Works and the expense thereof shall be charged to the violator pursuant to this chapter.
(Prior Code, § 53.18) (Ord. 18-31, passed 9-4-2018)
(A) (1) Any person receiving a notice of violation may appeal the determination of the city. The notice of appeal shall be in writing and shall be delivered to the City Clerk within 30 days from the date of the notice of violation.
(2) Hearing on the appeal before the City Administrator shall take place within 15 days from the date of receipt of the notice of appeal.
(B) The pendency of an appeal shall not relieve the responsible person from complying with the requirements of the notice of violation, unless the City Engineer otherwise consents in writing.
(Prior Code, § 53.19) (Ord. 18-31, passed 9-4-2018)
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