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(a) Applicability. This section applies to all facilities located within the Village that have storm water discharges associated with industrial activity, including construction activity.
(b) Access to Facilities.
(1) The Village is authorized by this section of this chapter to enter and inspect facilities subject to regulation under this chapter.
(2) Facility operators shall allow the Village ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge storm water, and the performance of any additional duties as defined by state and federal law.
(3) The Village shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the Village to conduct monitoring and/or sampling of the facility's storm water discharge.
(4) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the Village and shall not be replaced. The costs of clearing such access shall be borne by the operator.
(5) Unreasonable delays in allowing the Village access to a permitted facility is a violation of a storm water discharge permit and of this chapter. A person who is the operator of a facility with a NPDES permit to discharge storm water associated with industrial activity commits an offense if the person denies the Village reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this section.
(c) Unpermitted Discharges Prohibited. A person who is the operator of a facility commits an offense if the person discharges, or causes to be discharged, storm water associated with industrial activity without first having obtained a NPDES permit to do so.
(d) Submission of NOI to Village.
(1) The operator of a facility, including construction sites, required to have a NPDES permit to discharge storm water associated with industrial activity shall submit a copy of the Notice of Intent (NOI) to the Village at the same time the operator submits the original Notice of Intent to the EPA.
(2) The copy of the Notice of Intent may be delivered to the Village either in person or by mailing it to:
Village of Grafton
960 Main Street
Grafton, Ohio 44044
(3) A person commits an offense if the person operates a facility that is discharging storm water associated with industrial activity without having submitted a copy of the Notice of Intent to do so to the Village.
(e) Compliance with Permit.
(1) A facility shall be operated in strict compliance with the requirements of its NPDES permit to discharge storm water associated with industrial activity.
(2) A person commits an offense if the person operates a facility in violation of a requirement of the facility's NPDES permit to discharge storm water associated with industrial activity.
(f) Modification of Storm Water Pollution Prevention Plans.
(1) The Village may require any operator of a facility to modify the facility's storm water pollution prevention plan if in the best professional judgment of the Village, the SWPPP does not comply with the requirements of the facility's NPDES permit to discharge storm water associated with industrial activity.
(2) The deficiencies in a facility's SWPPP will be made in writing, and the Village will give the facility operator a reasonable amount of time, not to exceed thirty days, to make the necessary changes in the SWPPP.
(Ord. 03-004. Passed 2-18-03.)