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(a) Where conflicting information exists between Federal, State and local regulation, Federal regulation shall govern over State and local regulation and State regulation shall govern over local regulation.
(b) Where conflicting information exists between other City regulations and this chapter, this chapter shall govern.
(Ord. 2008-18. Passed 2-19-08.)
This chapter does not convey any property rights of any sort, nor any exclusive privileges, nor does it authorize any injury to private property, nor any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations.
(Ord. 2008-18. Passed 2-19-08.)
Failure of the City to observe or recognize hazardous or unacceptable conditions or to recommend corrective measures shall not relieve a person from the responsibility for the condition or damage resulting therefrom and shall not result in the City, or its employees or agents, being responsible for any conditions or damage resulting therefrom.
(Ord. 2008-18. Passed 2-19-08.)
(a) Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse in such a way as to cause or potentially cause flooding upstream. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse.
(b) Any such trash, debris, excessive vegetation or other obstacle or structure that violates or would violate this chapter is hereby declared to be a nuisance.
(c) Vehicles should avoid water resources. A written approval is required by the City Engineer if vehicles must enter and/or cross these areas repeatedly.
(d) No soil, rock, debris, or any other material shall be dumped, disposed of or placed into a water resource or into such proximity that it may slough, slip, or erode into a water resource.
(1) Such dumping or placing is allowable only if authorized by the City Engineer and, when applicable, the US Army Corps of Engineers and Ohio EPA, for such purposes as, but not limited to, constructing bridges, culverts and erosion control structures.
(2) Rock may be used for stream bank stabilization when approved by the City Engineer.
(Ord. 2008-18. Passed 2-19-08.)
(a) No person shall discharge or cause to be discharged into the MS4 or watercourses any materials other than storm water, including but not limited to, pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards.
(b) The commencement, conduct or continuance of any illicit discharge to the MS4 is prohibited except as described as follows:
(1) The following discharges are exempt from discharge prohibitions established by this chapter: water line flushing or other potable water sources, landscape irrigation or lawn watering, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains, crawl space pumps, air conditioning condensation, springs, non-commercial washing of vehicles, natural riparian habitat or wetland flows, fire fighting activities, and any other water source not containing pollutants;
(2) Discharges specified in writing by the City Engineer as being necessary to protect public health and safety;
(3) Dye testing is an allowable discharge, but requires a verbal notification to the City Engineer twenty-four hours prior to the time of the test;
(4) Discharges from off-lot discharging home sewage treatment systems permitted by the City Health Department; and
(5) Non-storm water discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Ohio Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the MS4.
(c) An actual or threatened discharge to the MS4 that violates or would violate this chapter is hereby declared to be a nuisance.
(Ord. 2008-18. Passed 2-19-08.)
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