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(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.)
(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.)
(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.)
(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.)
(a) A permit is required for any earth-disturbing activity that will:
(1) Disturbs one or more acres of land;
(2) Disturb less than one acre, but is part of a larger common plan of development or sale which will disturb one or more acres of land; or
(3) Move 500 cubic yards or more of earth.
(b) No earth-disturbing activities requiring a permit shall commence prior to the issuance of a permit by the City Engineer.
(c) If earth-disturbing activity is not initiated within one year of the date that the permit was issued, such permit shall be considered void by the City.
(d) Any runoff or water generated from any earth-disturbing and/or post-construction activity shall be considered illicit discharge unless permitted by the provisions of this chapter.
(e) No application for a permit will be approved unless a SWP3 is reviewed and approved by the City Engineer.
(f) No permit is required for the following activities:
(1) Any emergency activity which is immediately necessary for the protection of life, property or natural resources. The authorized agency shall notify the City Engineer of any earth-disturbing activity which is more extensive than normal maintenance;
(2) Existing nursery and agricultural operations conducted as a permitted main or accessory use;
(3) Cemetery graves; and
(4) Any activity that is consistent with the promotion of public health, safety and welfare in light of the public's paramount concern for protection of its natural resources.
(g) Each application shall bear the name(s) and address(es) of the owner, operator and/or developer of the site and of any consulting firm retained by the applicant together with the name of the applicant's principal contact at such firm and shall be accompanied by a permitting fee.
(h) The permittee will be required to file with the City a faithful performance bond or bonds, letter of credit or other improvement security in an amount deemed sufficient by the City Engineer for earth-disturbing activities to cover all costs of improvements, landscaping and maintenance of improvements for such period as specified the City Engineer and engineering and inspection costs to cover the cost of failure or repair of improvements installed on the site by the permittee. Bonds filed for earth-disturbing activities are in addition to any other bonding required by the City.
(i) The City Engineer will review each application for a permit. Within thirty calendar days after receiving an application, the City Engineer shall, in writing:
(1) Approve the permit application and issue the permit;
(2) Approve the permit application subject to such reasonable conditions as may be necessary to secure substantially the objectives of this chapter and issue the permit subject to these conditions; or
(3) Disapprove the permit application, indicating deficiencies and the procedure for submitting a revised application and/or submission. Pending preparation and approval of a revised plan, development activities may be allowed to proceed in accordance with conditions established by City Engineer.
(j) Failure of the City Engineer to act on original or revised applications within thirty calendar days of receipt shall authorize the applicant to proceed in accordance with the plans as filed unless such time is extended by agreement between the applicant and City Engineer.
(k) Permit availability.
(1) The permittee shall furnish to the City Engineer, or authorized representative, any information which the City Engineer may request to determine compliance with the permit and copies of records required to be kept by the permit within five business days of the request.
(2) All permits, permit approval letters and SWP3s are considered reports that shall be available to the public in accordance with the Ohio Public Records law.
(Ord. 2008-18. Passed 2-19-08.)
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