(a) Prohibitions On Discharges: No person shall discharge or cause to be discharged into the Village's storm drainage system or watercourses any materials other than storm water that cause or contribute to water pollution or a violation of applicable water quality standards.
(b) The discharge of any water or materials into the Village's storm drainage system is prohibited except for the discharge of storm water pursuant to the following methods:
(1) Water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising groundwater, groundwater infiltration to storm drains, uncontaminated pumped groundwater, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, noncommercial washing of vehicles, natural riparian habitat or wetland flows, swimming pools (if dechlorinated - typically less than one PPM chlorine), firefighting activities, and any other water source not containing water pollution;
(2) Discharges specified in writing by the Director of Public Works, or designee as being necessary to protect public health and safety;
(3) Dye testing, but only with prior oral notification to the Director of Public Works, or designee prior to the time of the test; and
(4) Non-storm water discharge permitted under a National Pollutant Discharge Elimination System (NPDES) permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the United States Environmental Protection Agency, provided that (i) the discharger is in full compliance with all requirements of the permit, waiver, or order and all applicable laws and regulations, and (ii) written approval has been granted by the Director of Public Works for any discharge to the storm drainage system.
(c) Suspension Of Village Storm Drainage System Access: The Director of Public Works, or designee may suspend, without prior notice, a property's access to the Village's storm drainage system when such suspension is necessary to stop an actual or threatened discharge that presents or may present imminent and substantial danger to the environment, the health or welfare of any people, the Village's storm drainage system, or the waters of the United States. If a discharger fails to comply with any suspension order issued in an emergency, the Director of Public Works, or his or her designee, may take such steps as deemed necessary to prevent or minimize damage to the Village's storm drainage system, the waters of the United States, or to the public.
(d) The Village Director of Public Works, or his or her designee, may terminate any person's or entity's access to the Village's storm drainage system if that person or entity violates this article. In the event that a discharger has his or her access to the Village's storm drainage system terminated, the discharger may request a hearing before the Village Manager for a reconsideration of the termination. It shall be a violation of this Code for property that has had its access to the Village's storm drainage system terminated to reconnect to the system without the prior approval of the Director of Public Works, or his or her designee.
(e) Industrial Or Construction Discharges: Any person subject to an industrial or construction activity NPDES storm water discharge permit shall comply with all provisions and conditions of such permit. Proof of compliance with the NPDES permit may be required in a form acceptable to the Director of Public Works, or his or her designee, prior to discharging into the Village's storm drainage system.
(f) Monitoring Of Discharges: In addition to any other requirements of this Code, all properties that have storm water discharge associated with an industrial or construction activity must also comply with the following regulations:
(1) The Director of Public Works, or his or her designee, shall be permitted to enter and inspect all property that discharge into the Village's storm drainage system as often as may be necessary to determine the discharger's compliance with this article.
(2) Discharges must permit the Village's Director of Public Works, or his or her designee, to examine and copy all records that must be kept under the conditions of an NPDES permit to discharge storm water, and to prove compliance with any additional duties as defined by state and federal law.
(3) The Director of Public Works, or his or her designee, shall have the right to set up on any permitted property such devices that are determined necessary in sole discretion of the Director of Public Works, or his or her designee, to monitor and/or sample the property's storm water discharge.
(4) The Director of Public Works, or his or her designee, may require a discharger to install and maintain monitoring equipment at the discharger's sole cost and expense. The property's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition, and maintained in a manner to ensure its accuracy.
(5) It shall be a violation of this article for a discharger to unreasonably delay or deny the Director of Public Works, or his or her designee, access to a property to inspect for compliance with this article.
(6) If the Director of Public Works, or his or her designee, has been refused access to any part of the premises from which storm water is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this article, 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 article or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the Director of Public Works, or designee may seek issuance of a search warrant from any court of competent jurisdiction.
(g) Watercourse Protection: All property owners through which a watercourse passes shall keep and maintain that part of the watercourse free of trash, debris, excessive vegetation, water pollution, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner shall maintain existing privately-owned structures within or adjacent to a watercourse in a manner so that such structures do not become a hazard to the use, function, or physical integrity of the watercourse.
(h) Notification Of Spills: Notwithstanding other requirements of law, as soon as any person or entity responsible for a property has information of any known or suspected release of materials that are resulting or may result in illegal discharges or water pollution discharging into the Village's storm drainage system, that person or entity shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials, such person or entity shall immediately notify the Village of the occurrence by calling the Village's 911 dispatch services. In the event of a release of non-hazardous materials, such person or entity shall notify the Director of Public Works, or designee in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the Director of Public Works within three (3) business days of the phone notice. 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 actions taken to prevent its recurrence. Such records shall be retained for at least three (3) years.
(i) Enforcement: Whenever the Director of Public Works, or his or her designee, finds that a person or entity has violated this article, the Director of Public Works, or his or her designee, may order compliance by written notice of violation to the responsible person or entity. Such notice may require without limitation:
(1) The performance of monitoring, analyses, and reporting;
(2) The elimination of illicit connections or discharges;
(3) That the person or entity cease and desist all violating discharges, practices, or operations;
(4) The abatement or remediation of storm water pollution or contamination hazards, and the restoration of any affected property;
(5) The reimbursement of the Village administrative and remediation costs; and/or
(6) The implementation of source control or treatment activities.
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. The notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agent or a contractor and the expense thereof shall be charged to the violator.
(j) Appeal Of Notice Of Violation: Any person receiving a notice of violation may appeal the determination of the Director of Public Works, or his or her designee, by filing a written notice of appeal with the Village Manager. The notice of appeal must be received within fifteen (15) days from the date of the notice of violation. The hearing on the appeal before the Village Manager shall take place within fifteen (15) days from the date of receipt of the notice of appeal.
(k) Remedies Not Exclusive: The remedies listed in this article are not exclusive of any other remedies available under any applicable federal, state, or local law, and it is within the discretion of the Director of Public Works, or his or her designee to seek cumulative remedies. (1963 Code; amd. Ord. 0-20-3, 1-21-2020)