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It shall be a violation of this Chapter to store polluting substances, as identified by USEPA or IDEM, in a manner that violates any federal, state or local statute, ordinance or regulation relating to the protection of the public health, safety and welfare or environment, when such storage is shown to have the potential of allowing discharge to any waterway of the United States including, but not limited to the St. Mary’s River, the St. Joseph River, the Maumee River, any of their tributaries or streams or any streets, storm sewers or drains, ditches or drainageways leading to any such waterway of the United States.
Storage or stockpiling of hazardous or toxic material on any site must include adequate protection and/or containment so as to prevent any such materials from entering any temporary or permanent stormwater conveyance or watercourse.
(Ord. G-11-07, passed 4-10-07)
(A) Applicability. This section applies to all facilities that have stormwater discharge associated with industrial activity, including construction activity.
(B) Access to Facilities.
(1) The Fort Wayne Department of Stormwater Management shall have all authority provided by law and pursuant to the terms and conditions of any applicable permit to enter and inspect facilities as often as may be necessary to determine compliance with this Chapter. If a discharger has security measures in force that require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access by properly identified representatives of the Department of Stormwater Management or authorized enforcement agencies.
(2) Facility operators shall allow the Department of Stormwater Management ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept as part of the conditions of an NPDES permit.
(3) The Department of Stormwater Management shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the Department or an authorized enforcement agency to conduct monitoring and/or sampling of the facility’s stormwater discharge.
(4) The Department of Stormwater Management shall have the right to require the discharger to install monitoring equipment as necessary. The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.
(5) Any temporary or permanent obstruction or condition that would obstruct the safe and easy access to the facility to be sampled or monitored shall be promptly removed by the operator upon the oral or written request of the Department of Stormwater Management and such obstruction shall not be replaced. The costs of clearing such access, if any, shall be borne by the facility.
(6) Unreasonable delays in allowing the Department of Stormwater Management access to a facility regulated under this Chapter is a violation of Chapter 53 of the Fort Wayne Municipal Code A person who is the operator of a facility with an NPDES permit to discharge stormwater associated with industrial activity commits an offense if the person denies reasonable access by the Department of Stormwater Management or an authorized enforcement agency to the permitted facility for the purpose of conducting any activity authorized or required by this Chapter.
(7) If the Department of Stormwater Management has been refused access to any part of the premises from which stormwater is discharged, and it can demonstrate probable cause to believe that there may be a violation of Chapter 53 or the Municipal Code, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with Chapter 53 of the Fort Wayne Municipal Code or any order issued hereunder or to protect the overall public health, safety and welfare of the community, then the authorized enforcement agency may seek issuance of a search warrant from any court of competent jurisdiction.
(Ord. G-11-07, passed 4-10-07)
The Department of Stormwater Management will establish acceptable Best Management Practices (BMPs) for any activity, operation, or facility that may cause or contribute to pollution or contamination of stormwater, the municipal storm drainage system or the waters of the United States.
The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal separate storm sewer system or watercourses, using the City’s approved BMPs. Further, any person responsible for a property or premise that is or may be the source of an illicit discharge may be required to implement additional BMPs as required by the Department of Stormwater Management to prevent further discharge of pollutants into the municipal separate storm sewer system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of storm water associated with industrial activity to the extent practicable shall be deemed to be compliance with the provisions of this section.
(Ord. G-11-07, passed 4-10-07)
(A) Every person owning property through which a watercourse passes, or such person’s lessee, shall keep and maintain that part of the watercourse located within their property boundaries free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. 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) Easements intended for periodic or occasional use as conductors for the flow of surface water runoff shall be maintained in an unobstructed condition by the owners of the properties they cross. The utility shall have the right to determine if any obstruction exists and to repair or maintain, or require such repair and maintenance by the property owner, as shall be reasonably necessary to keep the conductors unobstructed.
(C) No property owner or occupant shall change the stormwater runoff pattern of his property in such a way that neighboring properties or city property is adversely affected. Consideration and provisions must be made for drainage to and from neighboring properties when land use or development is altered.
(D) No property owner or occupant shall direct stormwater runoff from roof drains, sump pump outfalls or other building drains in such a way that neighboring properties or city property is adversely affected.
(Ord. G-11-07, passed 4-10-07)
As soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation, has information about any known or suspected release of material that may result in illegal discharges or pollutants entering the storm sewer system or watercourses, said person shall take all necessary steps to ensure the timely discovery, containment and cleanup of such release.
In the event of a release of hazardous material, said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services.
In the event of a release of non-hazardous materials, said person has notify the Department of Stormwater Management or authorized enforcement agency in person or by phone or facsimile no later than the next business day.
If the report is made in person or by phone, the reporting party shall confirm the notice in writing addressed to the DSM within five (5) days. The written report shall specify:
(A) The composition of the discharge and the cause thereof;
(B) The date, time, and estimated volume of the discharge;
(C) All measures taken to clean up the accidental discharge, and all measures proposed to be taken to prevent any recurrence;
(D) The name and telephone number of the person making the report, and the name and telephone number of a person who may be contacted for additional information on the matter.
A properly reported accidental discharge shall be an affirmative defense to a civil proceeding brought under this Chapter against a discharger for such discharge. The report itself shall not, however, be a defense to a legal action brought to obtain an injunction, to obtain recovery of costs or to obtain other relief because of or arising out of the discharge. A discharge shall be considered properly reported only if the discharger complies with all the requirements of this section. This requirement does not relieve the discharger from notifying other entities as required by State or Federal regulations.
(Ord. G-11-07, passed 4-10-07)
RATES, CHARGES AND BILLING
A stormwater service charge shall be imposed on each and every lot and parcel of land within the city which directly or indirectly contributes to the stormwater system of the city, which charge shall be assessed against the owner thereof, who shall be considered the user for the purposes of this chapter. This charge is deemed reasonable and is necessary to pay for the repair, replacement, planning, improvement, operation, regulation and maintenance of the existing and future city stormwater system and for compliance with the city's NPDES stormwater discharge permit(s).
(Ord. G-11-07, passed 4-10-07)
(A) The stormwater service rate shall be as follows:
Rate per Month per ERU | Effective Date |
$4.40 | July 1, 2017 |
$5.15 | July 1, 2018 |
$5.90 | July 1, 2019 |
(B) The stormwater service rate for non-residential properties shall be as follows:
Rate per Month per ERU | Effective Date |
$3.85 | July 1, 2017 |
$4.25 | July 1, 2018 |
$4.75 | July 1, 2019 |
For the purpose of this chapter, a month shall be considered to be a period of 25 days up through 35 days depending on billing cycles. Any billings for stormwater service outside this time shall be on a per diem basis.
(C) These stormwater rates are designed to recover the cost of rendering stormwater service to the users of the stormwater system, and shall be the basis for assessment of the city's stormwater service charge. These rates are established so as to maintain adequate fund reserves to provide for reasonably expected variations in the cost of providing services, as well as variations in the demand for services.
(Ord. G-11-07, passed 4-10-07; Am. Ord. G-5-17, passed 3-28-17)
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