917.01 Purpose and scope.
917.02 Applicability.
917.03 Definitions.
917.04 Disclaimer of liability.
917.05 Conflicts, severability, nuisances and responsibility.
917.06 Responsibility for administration.
917.07 Discharge and connection prohibitions.
917.08 Monitoring of illicit discharges and illegal connections.
917.09 Enforcement.
917.10 Remedies not exclusive.
The purpose of this chapter is to provide for the health, safety, and general welfare of
the citizens of the City through the regulation of illicit discharges to the City's municipal separate storm sewer system. This chapter establishes methods for controlling the introduction of pollutants to the municipal separate storm sewer system in order to comply with regulation overseen by state and federal agencies. The objectives of this chapter are:
(a) To prohibit illicit discharges and illegal connections to the municipal separate storm sewer system.
(b) To establish legal authority to carry out inspections, monitoring procedures, and enforcement actions necessary to ensure compliance with this chapter.
(Ord. 28-13. Passed 10-21-2013.)
This chapter shall apply to all residential, commercial, industrial or institutional facilities responsible for discharges to the municipal separate storm sewer system and on any lands in the City, except for those discharges generated by the activities detailed in Section 917.07(a)(l) and (a)(2).
(Ord. 28-13. Passed 10-21-2013.)
The words and terms used in this chapter, unless otherwise expressly stated, shall have the following meaning:
(a) "Best management practices" means 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, including treatment practices, operating procedures and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
(b) "City" means the govemment of the City of Lakewood and its designated representatives, boards or commissions.
(c) "EPA" means either the United States Environmental Protection Agency or the Ohio Environmental Protection Agency, or any duly authorized official of either agency.
(d) "Floatable materials" means, generally, 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" means 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 or property, or to the environment, when improperly treated, stored, transported, disposed of or otherwise managed.
(f) "Illicit discharge" shall have the same defmition as that term is defined in 40 C.P.R. 122.26(b )(2), except it shall not include discharges permitted by Section 917.07 of this chapter.
(g) "Illegal connection" means any drain or conveyance which on the surface or subsurface allows an illicit discharge to enter the municipal separate storm sewer system.
(h) "Municipal separate storm sewer system” or "MS4/” shall have the same definition as that term is defined in 40 C.P.R. 122.26(b)(8).
(i) "Owner or operator”, means any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting either as the owner or on the owner's behalf.
(j) "Pollutant" means anything that causes or contributes to pollution. Pollutants may include, but are not limited to, paints, varnished, 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.
(k) "Storm water” any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
(Ord. 28-13. Passed 10-21-2013.)
Compliance with the provisions of this chapter shall not relieve any person from responsibility for damage to any person otherwise imposed by law. The provisions of this chapter are promulgated to promote the health, safety and welfare of the public and are not designed for the benefit of any individual or for the benefit of any particular parcel of property.
(Ord. 28-13. Passed 10-21-2013.)
(a) Where this Chapter is in conflict with other provisions of law or ordinance, the most restrictive provision, as determined by the City, shall prevail.
(b) If any clause, section, or provision of this chapter is declared invalid or unconstitutional by a court of competent jurisdiction, the validity of the remainder shall not be affected thereby.
(c) This chapter shall not be construed as authorizing any person to maintain a nuisance on his, her or its property, and compliance with the provisions of this chapter 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 or operator 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.
(Ord. 28-13. Passed 10-21-2013.)
The Director of Public Works or his or her designee shall administer, implement, and enforce the provisions of this chapter. The City may contract with the Cuyahoga County Board of Health or other qualified agency to conduct inspections and monitoring and to assist with enforcement actions.
(Ord. 28-13. Passed 10-21-2013.)
Loading...