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Elyria, OH Code of Ordinances
CODIFIED ORDINANCES OF THE CITY OF ELYRIA, OHIO
DIRECTORY OF OFFICIALS (2024)
PRELIMINARY UNIT
CHARTER OF THE CITY OF ELYRIA, OHIO
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS AND PUBLIC SERVICES CODE
TITLE ONE - Street and Sidewalk Areas
TITLE THREE - Public Utilities
TITLE FIVE - Other Public Services
CHAPTER 951 City Cemeteries
CHAPTER 955 Parks
CHAPTER 959 Sanitation Department Rules and Regulations
CHAPTER 960 Storm Water Management
960.01 DEFINITIONS.
960.02 PURPOSE AND INTENT.
960.03 APPLICABILITY.
960.04 ADMINISTRATION.
960.05 DISCLAIMER OF LIABILITY.
960.06 ENVIRONMENTAL LAWS.
960.07 SEVERABILITY.
960.08 CONFLICTING INFORMATION.
960.09 PROPERTY RIGHTS.
960.10 RESPONSIBILITY.
960.11 DUTY TO MITIGATE.
960.12 INFORMATION.
960.13 WATERCOURSE PROTECTION.
960.14 PROHIBITION OF ILLICIT DISCHARGES.
960.15 PROHIBITION OF ILLEGAL CONNECTIONS.
960.16 CONTROL OF MATERIALS AND DEBRIS.
960.17 NOTIFICATION OF SPILLS.
960.18 STORM WATER PERMITS.
960.19 SIGNATORY REQUIREMENTS.
960.20 STORM WATER PERMIT COVERAGE.
960.21 STORM WATER PERMIT TRANSFER.
960.22 STORM WATER PERMIT MODIFICATION.
960.23 STORM WATER PERMIT TERMINATION.
960.24 STORM WATER POLLUTION PREVENTION PLAN (SWP3).
960.25 CONTROL PRACTICE MAINTENANCE.
960.26 SELF-INSPECTION OF CONTROL PRACTICES DURING CONSTRUCTION.
960.27 CITY INSPECTION OF CONTROL PRACTICES DURING CONSTRUCTION.
960.28 POST-CONSTRUCTION INSPECTION AND MAINTENANCE AGREEMENTS.
960.29 DEED OR FINAL PLAT REQUIREMENTS.
960.30 PERMANENT EASEMENTS.
960.31 REVIEW AND PERMITTING FEES.
960.32 ACCESS AND INSPECTION.
960.33 ENFORCEMENT.
960.34 APPEAL OF NOTICE OF VIOLATION.
960.35 ENFORCEMENT MEASURES AFTER APPEAL.
960.36 STOP WORK ORDERS.
960.37 INJUNCTIVE RELIEF.
960.38 VIOLATIONS DEEMED A PUBLIC NUISANCE.
960.39 MINOR MISDEMEANOR.
960.40 FEE RECOVERY.
960.41 REMEDIES NOT EXCLUSIVE.
960.42 CREATION OF A STORM WATER UTILITY PROGRAM.
960.43 FUNDING THE STORM WATER UTILITY PROGRAM.
960.44 STORM WATER UTILITY PROGRAM ENTERPRISE FUND.
960.45 STORM WATER UTILITY OPERATING BUDGET.
960.46 RATE STRUCTURE CHARGES AND FEES.
960.47 NECESSITY FOR CHARGES.
960.48 POWERS OF THE SAFETY-SERVICE DIRECTOR.
960.49 RIGHT TO APPEAL BY NONRESIDENTIAL PROPERTY OWNER.
960.50 COLLECTION.
960.51 ADJUSTMENTS TO STORM WATER SERVICE CHARGES.
960.52 PAYMENT OF CHARGES.
960.53 FALSIFYING INFORMATION.
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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960.19 SIGNATORY REQUIREMENTS.
   (a)   All reports, certifications or information either submitted to the City Engineer or that this chapter requires to be maintained by the permittee shall be signed as follows:
      (1)   For a corporation: By a responsible corporate officer or duly authorized representative. For the purpose of this section, a responsible corporate officer means:
         A.   A president, secretary, treasurer or vice-president of the corporation in charge of a principal business function or any other person who performs similar policy or decision making functions for the corporation; or
         B.   The manager of one or more manufacturing, production or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations and initiating and directing other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;
      (2)   For a partnership or sole proprietorship: By a general partner, the proprietor or duly authorized representative; or
      (3)   For all other cases: By either a principal executive officer, ranking elected official or duly authorized representative.
   (b)   If an authorization under this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the signatory requirements of these regulations shall be submitted to the City Engineer prior to or together with any reports, information or applications to be signed by an authorized representative.
(Ord. 2008-18. Passed 2-19-08.)
960.20 STORM WATER PERMIT COVERAGE.
   (a)   The permit covers all requirements for new and existing discharges, composed entirely of storm water and associated with earth-disturbing activity that enter Waters of the State or a storm drain leading to Waters of the State. The permit controls earth-disturbing activity, soil storage, and erosion and sedimentation resulting from earth-disturbing activities and establishes procedures for issuance, approval, administration, and enforcement of the permit.
   (b)   Support Activities. The permit authorizes storm water discharges from support activities, including but not limited to, equipment staging yards, material storage areas and excavated material areas provided:
      (1)   The support activity is directly related to a construction site that is required to have coverage by the permit for discharges of storm water associated with construction activity;
      (2)   The support activity is not a commercial operation serving multiple unrelated construction projects and does not operate beyond the completion of the earth-disturbing activity at the site it supports;
      (3)   Appropriate controls and measures are identified in the SWP3, if applicable, covering the discharges from the support activity; and
      (4)   The support activity is on or contiguous with the property defined in the application and the SWP3, if applicable.
   (c)   Limitations on Coverage. The following storm water discharges associated with construction activity are not covered by the permit:
      (1)   Storm water discharges that originate from the site after earth-disturbing activities have been completed, including any temporary support activity, and the site has achieved final stabilization;
      (2)   Storm water discharges associated with construction activity that the City Engineer has shown to be or may reasonably expect to be contributing to a violation of a water quality standard; and
      (3)   Spills and releases in excess of reportable quantities.
         A.   In the event of a spill or other unintended release, hazardous substances in the storm water discharge from a construction site must be minimized in accordance with the applicable SWP3 for the construction activity; and
         B.   In no case may the discharge(s) contain a hazardous substance equal to or in excess of reportable quantities.
   (d)   The permittee shall inform all contractors and subcontractors who will be involved in the implementation of any or all parts of the permit of the terms and conditions of the permit and the associated SWP3.
      (1)   The permittee shall maintain a written document containing the signatures of all the contractors and subcontractors as proof acknowledging that they reviewed and understand the conditions and responsibilities of the permit and, if applicable, the associated SWP3.
      (2)   The written document shall be created and signatures shall be obtained prior to commencement of earth-disturbing activity on the construction site.
   (e)   It is the duty of the permittee to notify the City Engineer forty-eight hours prior to commencement of earth-disturbing activities and upon project completion for all development with an approved permit.
(Ord. 2008-18. Passed 2-19-08.)
960.21 STORM WATER PERMIT TRANSFER.
   (a)   The City Engineer shall be notified in writing prior to any proposed transfer of coverage a minimum of thirty days prior to the date of transfer. The notice shall be signed by the permit holder and by the person or party to whom the permit is to be transferred.
   (b)   New permit holders are subject to the requirements of the original permit. Variation from the original permit requires submittal and approval of a permit modification and appropriate modification fees.
(Ord. 2008-18. Passed 2-19-08.)
960.22 STORM WATER PERMIT MODIFICATION.
   (a)   The permittee shall notify the City Engineer in writing whenever there is a change in design, construction, operation or maintenance of an earth-disturbing activity. The permittee shall include a copy of the modified plans and/or specifications.
   (b)   The permittee will be notified in writing by the City Engineer upon completion of the modification review. The permittee shall not implement any modifications until approval is granted.
(Ord. 2008-18. Passed 2-19-08.)
960.23 STORM WATER PERMIT TERMINATION.
   (a)   Written notification requesting permit termination shall be submitted to the City Engineer upon final stabilization of the site. Notifications shall be accompanied by a copy of the legally binding inspection and maintenance agreement for permanent storm water management facilities, including deed and final plat requirements and as-built data, in accordance with the provisions of this chapter.
   (b)   The permit terminates upon acceptance, in writing, of the permit termination request, by the City Engineer.
(Ord. 2008-18. Passed 2-19-08; Ord. 2012-105. Passed 9-4-12.)
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