921.07  SEWER CONNECTIONS PROHIBITED WITHOUT PERMIT; APPLICATIONS FOR PERMIT; FEES.
   (a)   Sanitary Sewer Connections. No person, firm, or corporation shall use connect or extend any sewer directly or indirectly to the sanitary sewer system of the City without first applying for and securing a permit to do so in compliance with the provisions of Chapters 921, 922, and 923 of the Codified Ordinances of the City.  The application shall be made upon forms approved by the Service Director. The fee and charges for such application shall be as established by Section 922.08(c) of the Codified Ordinances of the City plus the cost of any necessary engineering services required and incurred by the Service Director to make the determinations required by Chapter 921 including sanitary sewage retention requirements, all pursuant to the regulations adopted by the Service Director which shall have the force and effect of an ordinance.
   (b)   Storm Sewer Connections.  No person, firm, or corporation shall use, direct new or additional flow from any property, connect or extend any sewer on or from such property directly or indirectly to any City water way or storm sewer system within the City without first applying for and securing a permit to do so in compliance with the provisions of Chapters 921, 922, and 923 of the Codified Ordinances of the City.  The application shall be made upon forms approved by the Service Director. Any such application shall be accompanied by the following non-refundable fees and deposits:
      (1)   A non-refundable fee of one hundred dollars ($100.00) for residentially zoned and used subdivisions or lots including less than five acres of land area and not subject to storm water retention requirements; and
      (2)   A non-refundable fee of three hundred dollars ($300.00) for all property, except residentially zoned and used subdivisions or lots including less than five acres of land, to make the determinations required by Chapter 921 including storm sewage retention requirements, all pursuant to the regulations adopted by the Service Director which shall have the force and effect of an ordinance. A deposit for such engineering services of two thousand dollars ($2,000) shall be made with the application.
(Ord. 37-2001.  Passed 3-5-01.)
   (c)   Illicit Discharge and Illegal Connection Control
      (1)   Purpose and Scope.  The purpose of this regulation is to provide for the health, safety, and general welfare of the citizens of the City of Euclid through the regulation of illicit discharges to the municipal separate storm sewer system (MS4).  These regulations establish methods for controlling the introduction of pollutants into the MS4 in order to comply with requirements of the National Pollution Discharge Elimination System (NPDES) permit process as required by the Ohio Environmental Protection Agency (Ohio EPA).  The objectives of this regulation are:
         A.   To prohibit illicit discharges and illegal connections to the MS4.
         B.   To establish legal authority to carry out all inspections, monitoring procedures and enforcement actions necessary to ensure compliance with this regulation.
      (2)   Applicability.  This regulation shall apply to all residential, commercial, industrial, or institutional facilities responsible for discharges to the MS4 and on any lands in the City of Euclid except for those discharges generated by the activities detailed in Section 921.07(c)(7)A.1. through (c)(7)A.3. of this regulation.
      (3)   Definitions.  The words and terms used in this regulation, unless otherwise expressly stated, shall have the following meaning:
         A.   “Best Management Practices” (BMPs) shall mean schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants to storm water.  BMPs also included treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
         B.   “Community” shall mean the City of Euclid, its designated representatives, boards, or commissions.
         C.   “Environmental Protections Agency” or “United States Environmental Protection Agency” (USEPA) shall mean the United States Environmental Protection Agency, including but not limited to the Ohio Environmental Protection Agency (Ohio EPA), or any duly authorized official of said agency.
         D.   “Floatable Material” shall mean, in general, any foreign matter that may float or remain suspended in the water column, and includes but is not limited to, plastic, aluminum cans, wood products, bottles, and paper products.
         E.   “Hazardous Materials” shall mean any material including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
         F.   “Illegal Discharge”  as defined in 40 C.F.R. 122.26(b)(2), shall mean any discharge to an MS4 that is not composed entirely of storm water, except for those discharges to an MS4 pursuant to a NPDES permit or noted in Section 921.07 of these regulations.
         G.   “Illegal Connection” shall mean any drain or conveyance, whether on the surface or subsurface, that allows an illicit discharge to enter the MS4.
         H.   “Municipal Separate Storm Sewer System” (MS4) as defined at 40 C.F.R. 122.26(b)(8), shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains:
               1.   Owned or operated by a state, city, town, borough, county, parish, district, municipality, township, county, district, association, or other public body (created by or pursuant to state law) having jurisdiction over sewage, industrial wastes, including special districts under state law such as a sewer district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or  a designated and approved management agency under Section 208  of the Clean Water Act that discharges to waters of the United States;
               2.   Designed or used for collection of conveying storm water;
               3.   Which is not a combined sewer; and
               4.   Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 C.R.F. 122.2.
         I.   “National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit” shall mean a permit issued by EPA (or by a state under authority delegated pursuant to 22 USC § 1342(b) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area wide basis.
         J.   “Off-Lot Discharging Household Sewage Treatment System” shall mean a system designed to treat household sewage on-site and discharges treated wastewater effluent off the property into a storm water or surface water conveyance or system.
         K.   “Owner/Operator” shall mean any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or on the owner’s behalf.
         L.   “Pollutant” shall mean anything that causes or contributes to pollution.  Pollutants may include, but are not limited to, paints, varnishes, solvents, oil and other automotive fluids, non-hazardous liquid and solid wastes, yard wastes, refuse, rubbish, garbage, litter or other discarded or abandoned objects, floatable materials, pesticides, herbicides, fertilizers, hazardous materials, wastes, sewage, dissolved and particulate metals, animal wastes, residues that result from constructing a structure and noxious or offensive matter of any kind.
         M.   “Storm Water” shall mean any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
         N.   “Wastewater” shall mean the spent water of a community.  From the standpoint of a source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions.
      (4)   Disclaimer of Liability.  Compliance with the provisions of these regulations shall not relieve any person from responsibility for damage to any person otherwise imposed by law.  The provisions of these regulations are promulgated to promote the health, safety, and welfare of the public and are not designated for the benefit of any individual of for the benefit of any particular parcel of property.
      (5)   Conflicts, Severability, Nuisances and Responsibility.
         A.   Where the regulations of this section are in conflict with other provisions of law or ordinance, the most restrictive provision, as determined by the City of Euclid, shall prevail.
         B.   If any clause, section or provision of these regulations is declared invalid or unconstitutional by a court of competent jurisdiction, the validity of the remainder shall not be affected thereby.
         C.   These regulations shall not be construed as authorizing any person to maintain a nuisance on their property, and compliance with the provisions of these regulations shall not be a defense in any action to abate such a nuisance.
         D.   Failure of the City to observe or recognize hazardous or unsightly conditions or to recommend corrective measures shall not relieve the site owner from the responsibility for the condition or damage resulting therefrom, and shall not result in the City, its officers, employees, or agents being responsible for any condition or damage resulting therefrom.
      (6)   Responsibility for Administration.  The City shall administer, implement, and enforce the provisions of these regulations.  The City may contract with the Cuyahoga County Board of Health to conduct inspections and monitoring and to assist with enforcement actions.
      (7)   Discharge and Prohibitions.
         A.   Prohibition of Illicit Discharges.  No person shall discharge, or cause to be discharged, an illicit discharge into the MS4.  The commencement, conduct, or continuance of any illicit discharge to the MS4 is prohibited except as described below:
            1.   Water line flushing; landscape irrigation; diverted stream flows; rising ground waters; uncontaminated ground water infiltration; uncontaminated pumped ground water; discharges from potable water sources; foundation drains; air conditioning condensate; irrigation water; springs; water from crawl space pumps; footing drains; lawn watering; individual residential car washing; flows from riparian habitats and wetlands; dechlorinated swimming pool discharges; street wash water; and discharge or flow from fire fighting activities.  These discharges are exempt until such times as they are determined by the City to be significant contributors of pollutants to the MS4.
            2.   Discharges specified in writing by the City as being necessary to protect public health and safety.
            3.   Discharges from off-lot discharging household sewage treatment systems existing prior to January 1, 2007, and permitted by the Cuyahoga County Board of Health for the purpose of discharging treated sewage effluent in accordance with Ohio Administrative Code 3701-29, or other applicable Cuyahoga County Board of Health regulations, until such time as the Ohio Environmental Protection Agency issues an NPDES permitting mechanism for household sewage treatment systems existing prior to January 1, 2007.  These discharges are exempt unless such discharges are deemed to be creating a public health nuisance by the Cuyahoga County Board of Health.  Discharges from new or replacement off-lot household sewage treatment systems installed after January 1, 2007, are not exempt from the requirements of these regulations.
            4.   In compliance with the City of Euclid Storm Water Management Program, discharges from all off-lot discharging household sewage treatment systems must either be eliminated or have coverage under an appropriate NPDES permit issued and approved by the Ohio Environmental Protection Agency.  When such permit coverage is available for systems existing prior to January 1, 2007, discharges from off-lot discharging household sewage treatment systems prior to January 1, 2007 will no longer be exempt fro the requirements of this regulation.
         B.   Prohibition of Illegal Connections.  The construction, use, maintenance, or continued existence of illegal connections to the MS4 is prohibited.
            1.   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.
            2.   A person is considered to be in violation of this regulation if the person connects a line conveying illicit discharges to the MS4, or allows such a connection to continue.
      (8)   Monitoring of Illicit Discharges and Illegal Connections.
         A.   Establishment of an Illicit Discharge and Illegal Connection Monitoring Program.  The City shall establish a program to detect and eliminate illicit discharges and illegal connections to the MS4.  This program shall include the mapping of the MS4, including MS4 outfalls and household sewage treatments systems; the routine inspection of storm water outfalls to the MS4; and the systematic investigation of potential residential, commercial, industrial, and institutional facilities for the sources of any dry weather flows found as a the result of these inspections.
         B.   Inspection of Residential, Commercial, Industrial, or Institutional Facilities.  The City shall be permitted to enter and inspect facilities subject to these regulations as often as necessary to determine compliance with these regulations.
            1.   The City shall have the right to set up at facilities subject to these regulations such devices as are necessary to conduct monitoring and/or sampling of the facility’s storm water discharges as determined by the City.
            2.   The City shall have the right to require the facility owner/operator to install monitoring equipment as necessary.  This sampling and monitoring equipment shall be maintained at all times in safe and proper operating condition by the facility owner/operator at the owner/operator’s expense.  All devices used to measure storm water flow and quality shall be calibrated by the City to ensure their accuracy.
            3.   Any temporary or permanent obstruction to safe and reasonable access to the facility to be inspected and/or sampled shall be promptly removed by the facility’s owner/operator at the written or oral request of the City and shall not be replaced.  The costs of clearing such access shall be borne by the facility’s owner/operator.
            4.   Unreasonable delays in allowing the City access to a facility subject to these regulations for the purposes of illicit discharge inspections is a violation of these regulations.
            5.   If the City is refused access to any part of the facility from which storm water is discharged, and the City demonstrates probable cause to believe that there may be a violation of these regulations, or that there is a need to inspect and/or sample as part of an inspection and sampling
               program designed to verify compliance with these regulations or any order issued hereunder, or to protect the public health, safety, and welfare, the City may seek issuance of a search warrant, civil remedies including but not limited to injunctive relief, and/or criminal remedies from any court of appropriate jurisdiction.
            6.   Any costs associated with these inspections shall be assessed to the facility’s owner/operator.
      (9)   Enforcement.
         A.   Notice of Violation.  When the City finds that a person has violated a prohibition of failed to meet a requirement of these regulations, the City may order compliance by written Notice of Violation.  Such notice must specify the violation and shall be hand delivered, and /or sent be registered mail to the owner/operator of the facility.  Such notice may require the following actions:
            1.   The performance of monitoring, analyses, and reporting;
            2.   The elimination of illicit discharges of illegal connections;
            3.   That violating discharges, practices, or operations cease and desist;
            4.   The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; or
            5.   The implementation of source control or treatment BMPs.
         B.   If abatement of a violation and/or restoration of affected property are required, the Notice of Violation shall set forth a deadline within which such remediation or restoration must be completed.  The Notice shall further advise that, should the facility’s owner/operator fail to remediate or restore within the established deadline, a legal action for enforcement may be initiated.
         C.   Any person receiving a Notice of Violation must meet compliance standards within the time established in the Notice of Violation.
         D.   Administrative Hearing.  If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, the City shall schedule a hearing with the City of Euclid Planning and Zoning Commission to determine reasons for non-compliance and to determine the next enforcement activity.  Notice of the administrative hearing shall be hand delivered and/or sent registered mail.
         E.   Injunctive Relief.  It shall be unlawful for any owner/operator to violate any provision or fail to comply with any of the requirements of these regulations pursuant to O.R.C. 3709.211.  If an owner/operator has violated or continues to violate the provisions of this regulation, the City may petition for a preliminary or permanent injunction restraining the owner/operator from activities that would create further violations or compelling the owner/operator to perform abatement or remediation of the violation.
         F.   Remedies Not Exclusive.  The remedies listed in these regulations are not exclusive of any other remedies available under any applicable federal, state or local law and it is in the discretion of the City to seek cumulative remedies.
(Ord. 175-2012. Passed 11-19-12.)