Loading...
960.11 DUTY TO MITIGATE.
   All reasonable steps shall be taken by a person to minimize or prevent any discharge in violation of this chapter which has a reasonable likelihood of adversely affecting human health or the environment.
(Ord. 2008-18. Passed 2-19-08.)
960.12 INFORMATION.
   When any person becomes aware that any relevant facts or information associated with the provisions of this chapter were incorrectly submitted, the City Engineer shall promptly be notified of such facts or information.
(Ord. 2008-18. Passed 2-19-08.)
960.13 WATERCOURSE PROTECTION.
   (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.)
960.14 PROHIBITION OF ILLICIT DISCHARGES.
   (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.)
960.15 PROHIBITION OF ILLEGAL CONNECTIONS.
   (a)   The construction, use, maintenance or continued existence of illegal connections to the MS4 is prohibited.
   (b)   This prohibition expressly includes, without limitation, illegal connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
   (c)   A line conveying sewage or designed to convey sewage that is connected to the MS4 is hereby declared to be a nuisance.
(Ord. 2008-18. Passed 2-19-08.)
960.16 CONTROL OF MATERIALS AND DEBRIS.
   (a)   Practices shall be implemented by any and all persons at all times to prevent toxic materials, hazardous materials, or other debris from entering the MS4 and Waters of the State. These practices shall include, but are not limited to, the following:
      (1)   At construction sites, an appropriately sized covered dumpster shall be made available for the proper disposal of construction site waste materials, garbage, plaster, drywall, grout, gypsum and etc. A separate appropriate container shall be provided for the proper disposal of toxic and hazardous materials.
      (2)   The washing of concrete material into a street, catch basin, or other public entity or watercourse is prohibited.
      (3)   All fuel tanks and drums shall be stored in a marked storage area. A dike shall be constructed around this storage area according to all local, State, and Federal regulations. All components of such containers shall be maintained within the dike. All additional requirements of the Fire Department must be followed.
      (4)   Any toxic or hazardous material and contaminated soils shall be properly disposed of in accordance with applicable State and Federal regulations.
      (5)   Surface water from contaminated sites shall not be allowed to leave the site.
      (6)   Proper permits shall be obtained for development projects on solid waste landfill sites.
   (b)   Measures shall be taken to minimize soil transport onto public roads, or surfaces where runoff is not checked by sediment controls. Engineered construction entrance(s) shall be implemented as required by the City Engineer.
   (c)   At construction sites, where soil is transported onto a public road surface, the roads shall be cleaned thoroughly at the end of each day, or more frequently, in order to ensure public safety. Soil shall be removed from paved surfaces by shoveling and/or sweeping. Street washing shall be allowed only after shoveling or sweeping has removed most of the sediment.
   (d)   Any such materials, debris and/or sediment that violates or would violate this chapter is hereby declared to be a nuisance.
(Ord. 2008-18. Passed 2-19-08.)
960.17 NOTIFICATION OF SPILLS.
   (a)   Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into storm water, the MS4, or Waters of the State, said person shall take all necessary steps to ensure the discovery, containment, and clean-up of such release.
   (b)   In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services in accordance with local, State and Federal regulations.
   (c)   In the event of a release of non-hazardous materials, said person shall notify the City Engineer no later than the next business day.
   (d)   Notifications in person or by phone shall be confirmed by written notice to the City Engineer within three business days of the verbal notice.
   (e)   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 years from the date of the discharge or, if applicable, from the conclusion of all litigation and decisions. This provision does not relieve the owner of record of any other requirements by law.
(Ord. 2008-18. Passed 2-19-08.)
Loading...