(a) Private storm drain connection licenses.
(1) All connections from nonmunicipal and private drainage systems to the city-owned separate storm sewer system shall require a storm drain connection license issued by the chief engineer.
(2) The license may require, if applicable, a description of the property owner activity or standard industrial classification code, or both, that best reflects the principal products or services, and a description or analysis, or both, of the effluent to be discharged from the private drainage system into the city-owned system. No license is transferrable without the prior written consent of the chief engineer.
(3) Nonstormwater discharge into the city-owned separate storm sewer system may be allowed if the discharge has been issued an NPDES permit from the State department of health or the United States Environmental Protection Agency, subject to requirements herein.
(4) The chief engineer, or the chief engineer’s authorized representative, shall be authorized to enter any property, building, or premises in the discharge of the chief engineer’s official duties to inspect or investigate, measure, or test any effluent that is discharged in a private drainage system connected, directly or indirectly, to the city-owned system.
(5) Effluent, including NPDES-permitted discharges and nonstormwater discharges, which are not sources of pollutants, may be allowed into a private drainage system, connected directly or indirectly to the city-owned system.
(6) All required analysis submitted by property owners on the characteristics of the constituents in the discharge shall be performed by qualified personnel in a laboratory acceptable to the chief engineer.
(7) The chief engineer may condition the granting of the license with requirements to prevent drainage or pollution problems, or both, or mitigative measures which will meet any conditions of the city NPDES permit.
(8) Where a private drainage system is common to one or more parcels and is owned by more than one property owner, each property owner is required to have a private drain connection license and be responsible for the maintenance of the common private drainage system.
(9) Failure of the property owner to obtain a license shall be a violation of this article.
(b) Private storm drain connection license agreement. A property owner may be allowed to connect the property owner’s private drainage system to the city-owned separate storm sewer system if the chief engineer determines that the existing system is adequate to accommodate the potential peak-designed flows of both systems, and if the property owner agrees to the following conditions:
(1) That the property owner shall bear the entire cost of engineering, construction, and maintenance of the private drainage system;
(2) That the property owner shall indemnify and hold the city free and harmless from all suits and actions caused by the property owner’s acts or failure to act in connection to the city-owned system;
(3) That the construction of the drain connection shall be made in accordance with plans and specifications approved by the chief engineer, and subject to compliance by the property owner with this section, including conditions of any and all applicable statutes, ordinances, and rules of federal, State, or city agencies having the effect of law;
(4) That no additions or alterations to the private drainage system will be made without the prior written consent of the city;
(5) That the private drainage system shall remain the property owner’s property;
(6) That in the event the private drainage system within the public right-of-way shall at any time interfere with any public use, the property owner shall relocate the private drainage system at the property owner’s expense;
(7) That in the event any portion of the city-owned separate storm sewer system is damaged or destroyed during the construction of the private storm drain connection, the property owner shall bear the entire cost of engineering and construction, or replacement of the damaged facility;
(8) That in the event the discharge into the city-owned system includes stormwater discharge associated with industrial activity, the property owner shall have an NPDES permit and provide data on the characteristics of the constituents, quantity of the effluent and discharge at the property owner’s expense within one year after the date of connection, and annually thereafter or as the need may arise, as determined by the chief engineer; and
(9) That any time the property owner or anyone using the property owner’s property, discharges pollutants or other objectionable material that exceeds applicable water quality standards into the city-owned system or otherwise misuses the system, or causes a violation of the city NPDES permit, the discharge shall be deemed a violation of this section and the city by written notice may terminate this license.
(c) Termination of license agreement.
(1) The chief engineer may order a license to be terminated upon finding that the property owner has violated the agreement or this section.
(2) A property owner whose license has been terminated shall immediately stop the discharge of any pollutant, if applicable, covered by the license into the city-owned separate storm sewer system. The chief engineer may disconnect or permanently block from the city-owned separate storm sewer system, the private storm drain connection from any property owner whose license has been terminated if such action is necessary to insure compliance with the order of termination.
(3) A property owner whose license has been terminated may apply for a new license and pay all delinquent charges, penalties, and such other sums as may be due to the city. Any cost that might be incurred by the city in terminating the prior license and disconnecting the private storm drain connection shall be paid by the property owner before issuance of a new license.
(d) Private storm drain connections.
(1) All licenses for private storm drain connections to the city-owned separate storm sewer system issued to the property owner of record shall remain in force. The city may reissue new license agreements for those connections that are discharging nonstormwaters or any effluent that requires an NPDES permit into the city-owned separate storm sewer system.
(2) Any private storm drain system that is connected to the city-owned separate storm sewer system without a license issued to the property owner of record shall be considered an illegal storm drain connection.
(3) Whenever a property owner is cited for an illegal private storm drain connection to the city-owned separate storm sewer system, the property owner shall be given 90 days after the date of the citation to obtain a connection license. The city will issue a connection license to the property owner without penalty within the 90-day period, provided no nonstormwater is being discharged into the city-owned separate storm sewer system. After the 90-day period, the property owner shall be in violation of this chapter.
(4) Whenever a property owner caused or is causing a discharge of stormwater runoff associated with industrial activity or polluted industrial process water or other objectionable material into the city-owned separate storm sewer system, the property owner, within 10 days after being notified by the city of the violation, shall cease the discharges. If an NPDES permit is obtained by the property owner for the discharge, the discharge may be resumed.
(e) Any other storm drain connections to the city-owned separate storm sewer system requires approval by the chief engineer in writing.
(f) Private storm drain connection fee.
(1) A license fee of $200 shall be collected before the issuance of a private storm drain connection license. All license fees collected shall not be refundable.
(2) When the license is issued on behalf of the city, State, or federal government, the chief engineer shall waive the collection of the license fee.
(3) All license fees shall be deposited into the highway fund.
(Sec. 16-6.12, R.O. 1978 (1983 Ed.)) (1990 Code, Ch. 14, Art. 12, § 14-12.12) (Am. Ords. 92-122, 96-34, 03-12, 14-4)