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917.04 DISCLAIMER OF LIABILITY.
   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.)
917.05 CONFLICTS, SEVERABILITY, NUISANCES AND RESPONSIBILITY.
   (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.)
917.06 RESPONSIBILITY FOR ADMINISTRATION.
   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.)
917.07 DISCHARGE AND CONNECTION PROHIBITIONS.
   (a)   Prohibition of Illicit Discharges. No person shall discharge, or cause to be discharged, an illicit discharge into the MS4. The commencement, conduct, or continuance of any illicit discharge to the MS4 is prohibited except the following non-storm water discharges:
      (1)   Water line flushing; landscape irrigations; diverted stream flows; rising ground waters; uncontaminated ground water infiltration; uncontaminated pumped ground water; discharges from potable water sources; foundation drains; air conditioning condensate; irrigation water; springs; water from crawl space pumps; footing drains; lawn watering; individual residential car washing; flows from riparian habitats and wetlands; dechlorinated swimming pool discharges; street wash water; EPA pre-approved dyes for sewer line investigation; surface cleaning water only including pressure washing activities; occasional non-commercial or charity car washing; and discharges or flows from firefighting activities, which discharges are exempt until such time as they are detem1ined by the City to be significant contributors of pollutants to the MS4.
      (2)   Discharges specified in writing by the City as being necessary to protect public health and safety.
   (b)   Prohibition of Illegal Connections.
      (1)   The construction, use, maintenance, or continued existence of illegal connections to the MS4 is prohibited. This prohibition expressly includes, without limitation, illegal connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
      (2)   A person is considered to be in violation of this section if the person connects a line conveying illicit discharges to the MS4 or allows such a connection to continue.
         (Ord. 28-13. Passed 10-21-2013.)
917.08 MONITORING OF ILLICIT DISCHARGES AND ILLEGAL CONNECTIONS.
   (a)   Establishment of an Illicit Discharge and Illegal Connection Monitoring Program.
The City shall establish a program to detect and eliminate illicit discharges and illegal connections to the MS4. This program shall include the mapping of the MS4, including MS4 outfalls and household sewage treatment systems; the routine inspection of storm water outfalls to the MS4, and the systematic investigation of potential residential, commercial, industrial, and institutional facilities for the sources of any dry-weather flows found as the result of these inspections.
   (b)   Inspection of Residential, Commercial, Industrial, or Institutional Facilities.
      (1)   The City shall be permitted to enter and inspect facilities subject to this chapter as often as may be necessary to determine compliance with this chapter.
      (2)   The City shall have the right to establish at any facility subject to this chapter such devices as are necessary to conduct monitoring or sampling of the facility's storm water discharge, as determined by the City.
      (3)   The City shall have the right to require the facility owner or operator to install monitoring equipment as necessary. This sampling and monitoring equipment shall be maintained at all times in safe and property operating condition by the facility owner or operator at the owner or operator's expense. All devices used to measure storm water flow and quality shall be calibrated by the City to ensure their accuracy.
      (4)   Any temporary or permanent obstruction to safe and reasonable access to the facility to be inspected or sampled shall be promptly removed by the facility's owner or operator at the written or oral request of the City and shall not be replaced. The costs of clearing such access shall be borne by the facility owner or operator.
      (5)   Unreasonable delays in allowing the City access to a facility subject to this chapter for the purposes of illicit discharge inspection is a violation of this chapter.
      (6)   If the City is refused access to any part of the facility from which storm water is discharged, and the City demonstrates probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect or sample as part of an inspection and sampling program designed to verify compliance with this chapter or any order issued hereunder, or to protect the public health, safety, and welfare, the City may seek issuance of a search warrant, civil remedies including but not limited to injunctive relief, and criminal remedies from any court of appropriate jurisdiction.
      (7)   Any costs associated with these inspections shall be assessed to the facility owner or operator.
(Ord. 28-13. Passed 10-21-2013.)
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