A. Sanitary Sewers: Sump pumps, leaders or downspouts from roofs, overflows from cisterns or catch basins for the collection of storm or rain water, or other device receiving, collecting or discharging rain or surface water, shall not be connected with sanitary sewers.
B. Stormwater Drainage System:
1. Definitions: For the purposes of this section, the following terms shall have the meanings set forth in this subsection:
BEST MANAGEMENT PRACTICES (BMPs): 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 directly or indirectly to stormwater, receiving waters, or stormwater drainage systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge and wastewater disposal, and drainage from raw materials storage areas.
CLEAN WATER ACT: The federal water pollution control act (33 USC section 1251 et seq.), and any subsequent amendments thereto.
CONSTRUCTION ACTIVITY: Activities subject to an NPDES construction site activities permit. These include construction projects resulting in a land disturbance of one acre or more. Such activities include, but are not limited to, clearing, grubbing, grading, excavating, and demolition.
HAZARDOUS MATERIALS: 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.
ILLEGAL DISCHARGE: Any direct or indirect nonstormwater discharge to the stormwater drainage system, except as exempted in subsection B6 of this section.
ILLICIT CONNECTIONS: Either of the following:
a. Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the stormwater drainage system, including, but not limited to, any conveyances that allow any nonstormwater discharge including sewage, process wastewater, and wash water, to enter the stormwater drainage system and any connections to the stormwater drainage system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by the village; or
b. Any drain or conveyance connected from a commercial or industrial land use to the stormwater drainage system that has not been documented in plans, maps, or equivalent records, and approved by the village.
INDUSTRIAL ACTIVITY: Activities subject to an NPDES industrial stormwater permit as defined in 40 CFR section 122.26(b)(14).
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4): The system of stormwater drainage facilities, including sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels and storm drains, owned and operated by the village and used for collecting or conveying stormwater, and that is not used for collecting or conveying sewage.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT: A permit issued by EPA (or by a state under authority delegated pursuant to 33 USC section 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.
NONSTORMWATER DISCHARGE: Any discharge to the stormwater drainage system that is not composed entirely of stormwater.
PERSON: Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent.
POLLUTANT: Anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, solvents, oil and other automotive fluids, nonhazardous liquid and solid wastes, yard wastes, refuse, rubbish, garbage, litter or other discarded or abandoned objects, ordnances, accumulations that may cause or contribute to pollution, floatables, pesticides, herbicides, fertilizers, hazardous substances and wastes, sewage, fecal coliform and pathogens, dissolved and particulate metals, animal wastes, wastes and residues that result from construction activity, and noxious or offensive matter of any kind.
PREMISES: Any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
STORMWATER: Any surface flow, runoff, and drainage consisting entirely of water resulting from any form of natural precipitation.
STORMWATER DRAINAGE SYSTEM: The facilities by which stormwater is collected or conveyed, including, but not limited to, sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters, storm drains, pumping facilities, retention and detention basins, natural and humanmade or altered drainage channels, ravines, reservoirs, and other drainage structures.
STORMWATER POLLUTION PREVENTION PLAN: A document which describes the best management practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, receiving waters, and stormwater drainage systems to the maximum extent practicable.
WASTEWATER: Any water or other liquid, other than uncontaminated stormwater, discharged from a facility.
2. Responsibility For Administration: The village shall administer, implement, and enforce the provisions of this subsection.
3. Applicability: This subsection shall apply to all water entering the stormwater drainage system generated on any developed and undeveloped lands unless explicitly exempted by the village.
4. Severability: The provisions of this subsection are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this subsection or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this subsection.
5. Ultimate Responsibility: The standards set forth in this subsection and promulgated pursuant to this subsection are minimum standards; therefore this subsection does not intend, nor imply, that compliance by any person will ensure that there will be no contamination or pollution of stormwater or unauthorized discharge of pollutants to the stormwater drainage system or to waters of the United States.
6. Discharge Prohibitions:
a. No person shall discharge or cause to be discharged into the stormwater drainage system or waters of the United States any materials, pollutants, or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards.
b. The commencement, conduct or continuance of any illegal discharge to the stormwater drainage system is prohibited except as described as follows:
(1) The following discharges are exempt from discharge prohibitions established by this subsection: waterline flushing, fire hydrant flushing, discharges from potable water sources, landscape irrigation, lawn watering, rising groundwater, groundwater infiltration, uncontaminated pumped groundwater, diverted stream flows, natural riparian habitat and wetland flows, springs, storm sewer cleaning water, street wash water from streets where spills or leaks of pollutants or toxic or hazardous materials has not occurred (unless the pollutants or toxic or hazardous materials have been removed), foundation drains, footing drains, crawl space pumps, air conditioning condensation, noncommercial vehicle washing, routing external building washing that does not use detergents, dechlorinated swimming pool discharges (discharges must contain less than 1 part per million chlorine), firefighting activities, and any other water source not containing pollutants or toxic or hazardous materials.
(2) Discharges specified in writing by the village as being necessary to protect public health and safety.
(3) Dye testing is an allowable discharge, but requires a verbal notification to the village prior to the time of the test.
(4) The prohibition shall not apply to any nonstormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the United States environmental protection agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and all other applicable laws and regulations, and provided that written approval has been granted by the village for the discharge to the stormwater drainage system.
c. The construction, use, maintenance or continued existence of illicit connections to the stormwater drainage system is prohibited. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. A person is considered to be in violation of this subsection if the person connects a line conveying sewage or any other nonstormwater discharge to the MS4, or allows such a connection to continue.
7. Suspension Of MS4 Access:
a. Suspension Due To Illicit Discharges In Emergency Situations: The village may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the village may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the United States, or to minimize danger to persons.
b. Suspension Due To The Detection Of Illicit Discharge: Any person discharging to the MS4 in violation of this subsection may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The village will notify a violator of the proposed termination of its MS4 access. The violator may petition the village for a reconsideration and hearing.
c. Violation: A person violates this subsection B7 if the person reinstates MS4 access to premises terminated pursuant to this subsection without the prior written approval of the village.
8. Industrial Or Construction Activity Discharges: Any person subject to an NPDES construction site activities permit or NPDES industrial activities permit shall comply with all provisions of such permit. Said person shall submit to the village a copy of the notice of intent (NOI) that was provided to the Illinois environmental protection agency (IEPA). Additional proof of compliance with an NPDES construction site activities permit or NPDES industrial activities permit may be required, in a form acceptable to the village, prior to the allowing of discharges to the MS4.
9. Monitoring Of Discharges:
a. The village shall be permitted to enter and inspect facilities subject to regulation under this subsection as often as may be necessary to determine compliance with this subsection. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the village.
b. Facility operators shall allow the village ready access to all parts of the premises for the purposes of inspection, sampling, examination, copying of records that must be kept under the conditions of an NPDES permit, and the performance of any additional duties as defined by state and federal law.
c. The village shall have the right to set up on any premises such devices as are necessary in the opinion of the village to conduct monitoring and/or sampling of the facility's stormwater discharge.
d. The village has 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.
e. 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.
f. Unreasonable delays in allowing the village access to a premises is a violation of this subsection. A person who is the operator of a facility with an NPDES permit to discharge stormwater associated with industrial activity commits a violation of this subsection if the person denies the village reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this subsection.
g. If the village has been refused access to any part of the premises from which stormwater is discharged, and it is able to demonstrate probable cause to believe that there may be a violation of this subsection, 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 this subsection or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the village may seek issuance of a search warrant from any court of competent jurisdiction.
10. Requirement To Prevent, Control, And Reduce Stormwater Pollutants By The Use Of Best Management Practices: 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 stormwater drainage system or waters of the United States through the use of structural and nonstructural BMPs. Further, any person responsible for a property or premises which is, or may be, the source of an illicit discharge, may be required to implement, at said person's expense, additional structural and nonstructural BMPs to prevent the further discharge of pollutants to the municipal separate storm sewer system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed in compliance with the provisions of this section. These BMPs shall be part of a stormwater pollution prevention plan (SWPPP) as necessary for compliance with requirements of the NPDES permit.
11. Watercourse Protection: Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property 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.
12. Notification Of Spills: Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or any person responsible for emergency response for a facility or operation, has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants entering stormwater, the stormwater drainage system, or waters of the United States, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials, said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of nonhazardous materials, said person shall notify the village in person, by phone, or by facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the village within three (3) business days of the phone call or personal notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three (3) years.
13. Notice Of Violation:
a. Whenever the village finds that a person has violated a prohibition or failed to meet a requirement of this subsection, the village may order compliance by written notice of violation to the responsible person. Such notice may require, without limitation:
(1) The performance of monitoring, analyses, and reporting;
(2) The elimination of illicit connections or discharges;
(3) That violating discharges, practices, or operations shall cease and desist;
(4) The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
(5) Payment of a fine to cover administrative and remediation costs; and
(6) The implementation of source control or treatment BMPs.
b. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work may be performed by the village and the expense thereof shall be charged to the violator.
14. Appeal Of Notice Of Violation: Any person receiving a notice of violation may appeal the determination of the village. The notice of appeal must be received within fifteen (15) days from the date of the notice of violation. Hearing on the appeal before the village administrator, shall take place within thirty (30) days from the date of receipt of the notice of appeal. The decision of the village administrator shall be final.
15. Enforcement: If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within thirty (30) days of the decision of the village administrator, then the village reserves the right to enter upon the subject private property and to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the village or its designee to enter upon the premises for the purposes set forth above. The village may extend the period for corrective action upon a showing of good cause for extension of the corrective action period.
16. Cost Of Abatement Of The Violation: Within thirty (30) days after abatement of the violation by the village, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within fifteen (15) days. If the amount due is not paid within a timely manner as determined by the decision of the village or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. Any person violating any of the provisions of this section shall become liable to the village by reason of such violation. The liability shall be paid in not more than twelve (12) equal monthly payments. Interest at the rate of prime plus two percent (2%) per annum shall be assessed on the balance beginning on the first day following discovery of the violation.
17. Injunctive Relief: It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this subsection. If a person has violated or continues to violate the provisions of this subsection, the village may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.
18. Compensatory Action: In lieu of enforcement proceedings, penalties, and remedies authorized by this subsection, the village may impose upon a violator alternative compensatory actions including, but not limited to, storm drain stenciling, attendance at compliance workshops and cleanup activities.
19. Violations Deemed A Public Nuisance: In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this subsection is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.
20. Remedies Not Exclusive: The remedies listed in this subsection are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the village to seek cumulative remedies. The village may recover all attorney fees, court costs and other expenses associated with enforcement of this subsection, including sampling and monitoring, and other enforcement expenses. (Ord. 2023-12, 4-25-2023)