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This chapter is not intended to modify or repeal any other regulation, rule, or other provision of law. The requirements of this chapter are in addition to the requirements of any other regulation, rule, or other provision of law, and where any provision of this chapter imposes restrictions different from those imposed by any other regulation, rule, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control.
(Ord. 2012-14. Passed 2-28-12.)
The words and terms used in this chapter, unless otherwise expressly stated, shall have the following meaning:
(a) "Best Management Practices (BMPs)" means schedules of activities, prohibitions of practices, general good house keeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants to storm water, receiving waters, or to storm water conveyance systems. BMPs also include 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 of Loveland" means the City of Loveland, its designated representatives, boards, or commissions.
(c) “Clean Water Act" means Pub. L. 92-500, as amended Pub. L. 95-217, Pub. L. 95-576, Pub. L. 96-483, Pub. L. 97-117, and Pub. L. 100-4, 33 U.S.C. 1251 et. seq. Formally referred to as the Federal Water Pollution Control Act or the Federal Water Pollution Control Act Amendments of 1972.
(d) "Discharge" The release, addition or deposit of any fluid, liquid, solid, flowing substance, or any other material or substance to the storm water conveyance system.
(e) “Environmental Protection Agency or United States Environmental Protection Agency (USEPA)" means the United States Environmental Protection Agency, including but not limited to the Ohio Environmental Protection Agency (Ohio EPA), or any duly authorized official of said agency.
(f) "Floatable Material" means 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.
(g) "Hazardous Material" 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, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
(h) "Illegal Connection" means any drain or conveyance, whether on the surface or subsurface, that allows an illicit discharge to enter the MS4 including but not limited to any conveyances which allow any non-storm water discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, or any drain or conveyance connected from a non-residential land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by the City of Loveland and the OEPA.
(i) "Illicit Discharge" as defined at 40 C.F.R. 122.26 (b)(2) means any discharge to an MS4 that is not composed entirely of storm water, except for those discharges to an MS4 pursuant to a NPDES permit or noted in Section 928.08.
(j) “Municipal Separate Storm Sewer System (MS4)" as defined at 40 C.F.R. 122.26 (b)(8), means a conveyance or system of conveyances (including publicly-owned facilities such as roads with drainage systems, municipal streets, pumping facilities, retention and detention basins, reservoirs, catch basins, curbs, gutters, ditches, man-made channels, or storm sewer pipes):
(1) Owned or operated by a State, city, town, borough, county, parish, district, municipality, township, county, association, or other public body (created by or pursuant to State law) having jurisdiction over sewage, industrial wastes, including special districts under State law such as a sewer district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under Section 208 of the Clean Water Act that discharges to waters of the United States;
(2) Designed or used for collecting or conveying storm water;
(3) Which is not a combined sewer; and
(4) Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 C.F.R. 122.2.
(k) “National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit" means a permit issued by the 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.
(l) "Off-Lot Discharging Home Sewage Treatment System" means a system designed to treat home sewage on-site and discharges treated wastewater effluent off the property into a storm water or surface water conveyance or system.
(m) "Owner / Operator" means any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or on the owner's behalf.
(n) "Person" means 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.
(o) "Pollutant" means anything that causes or contributes to pollution. Pollutants may include, but are not limited to, paints, varnishes, 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.
(p) "Premises" means any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
(q) "Storm Water" means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
(r) "Storm Water Pollution Prevention Plan" means 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 storm water, storm water conveyance systems, and/or receiving waters to the maximum extent practicable.
(s) "Wastewater" means the spent water of a facility. From the standpoint of a source, it may be a combination of the liquid and water-carried wastes discharged from residences, commercial buildings, industrial plants, and institutions.
(Ord. 2012-14. Passed 2-28-12.)
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. 2012-14. Passed 2-28-12.)
(a) Where this chapter is in conflict with other provisions of law or ordinance, the most restrictive provisions, 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 their 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 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.
(e) The standards set forth herein and promulgated pursuant to this chapter are minimum standards; therefore this chapter does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants.
(Ord. 2012-14. Passed 2-28-12.)
(Ord. 2012-14. Passed 2-28-12.)
The City shall administer, implement, and enforce the provisions of this chapter. The City may contract with the Hamilton, Clermont, or Warren County Board of Health to conduct inspections and monitoring and to assist with enforcement actions.
(Ord. 2012-14. Passed 2-28-12.)
(a) Prohibition of Illicit Discharges. No person shall discharge, or cause to be discharged, an illicit discharge into the MS4 that cause or contribute to a violation of this chapter or the NPDES Storm Water Discharge Permit.
(b) Exemptions to Illegal Discharges. The commencement, conduct, or continuance of any illicit discharge to the MS4 is prohibited except as described below:
(1) Water line flushing; landscape irrigation or lawn watering; diverted stream flows; rising ground waters; uncontaminated ground water infiltration; uncontaminated pumped ground water; discharges from potable water sources; foundation or footing drains (not including active groundwater dewatering systems); crawl space pumps; air conditioning condensate; springs; non-commercial washing of vehicles; flows from riparian habitats and wetlands; residential swimming pool discharges with pH levels between 6.5 and 8.5; street wash water; discharges or flows from fire fighting activities; any other water source not containing pollutants. These discharges are exempt until such time as they are determined 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.
(3) Dye testing is an allowable discharge, but requires a verbal notification to the City Engineer prior to the time of the test.
(4) Discharges from off-lot household sewage treatment systems permitted by the Hamilton, Clermont or Warren County Board of Health for the purpose of discharging treated sewage effluent in accordance with Ohio Administrative Code 3701-29-02(6) until such time as the Ohio EPA issues a NPDES permitting mechanism for residential 1, 2, or 3 family dwellings. These discharges are exempt unless such discharges are deemed to be creating a public health nuisance by the Hamilton County Board of Health.
In compliance with the City Storm Water Management Program, discharges from all off-lot household sewage treatment systems must either be eliminated or have coverage under an appropriate NPDES permit issued and approved by the Ohio EPA. When such permit coverage is not available, discharges from off-lot discharging household sewage treatment systems will no longer be exempt from the requirements of this regulation.
(5) Discharges allowed under an NPDES discharge permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Ohio or U.S. EPA, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system.
(c) Prohibition of Illegal Connections. No person shall connect or cause to be connected any pipe, ditch or other outlet or accessory to any portion of the MS4 which conveys or discharges any illicit discharges into the MS4 without written permission from the City Manager. The un-permitted construction, use, maintenance, or continued existence of illegal connections to the MS4 is prohibited. This prohibition expressly includes, without limitation, connections made prior to the effective date of these Regulations and for which the City has not issued a valid and binding permit, regardless of whether the connection was previously permissible under the law or practices applicable or prevailing at the time of connection.
(1) 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 regulation if the person connects a line conveying illicit discharges to the MS4, or allows such a connection to continue.
(Ord. 2012-14. Passed 2-28-12.)
Every person owning or leasing property through which a watercourse passes, shall keep and maintain that part of the watercourse within the property free of trash, debris, yard waste, 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.
(Ord. 2012-14. Passed 2-28-12.)
(a) 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 home sewage treatment systems; 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 Construction Sites, 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. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the owner / operator shall make the necessary arrangements to allow access to the City of Loveland's representatives and assigns.
(2) The City shall have the right to set up at facilities subject to this chapter such devices as are necessary to conduct monitoring and / 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 / operator to install monitoring equipment as necessary. This sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the facility owner / operator at the owner / operator's expense. All devices used to measure storm water flow and quality shall be calibrated by the City of Loveland or a contracted third party to ensure their accuracy.
(4) Any temporary or permanent obstruction to safe and reasonable access to the facility to be inspected and / or sampled shall be promptly removed by the facility's owner / 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 / operator.
(5) Facility owners / operators shall allow the City of Loveland ready access without unreasonable delays to all parts of the premises for the purposes of illicit discharge 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.
(6) If an employee or agent of the City of Loveland is refused access to any part of the facility from which storm water is discharged, and the City of Loveland demonstrates probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and / 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 / or criminal remedies from any court of appropriate jurisdiction.
(7) Any costs associated with these inspections shall be assessed to the facility owner / operator.
(Ord. 2012-14. Passed 2-28-12.)
The owner / operator responsible for a property or premise, which is, or may be, the source of an illicit discharge, may be required to implement, at said person's expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 or watercourses through the use of structural and non-structural BMPs approved by the City of Loveland. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of storm water associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of these regulations. These BMPs shall be part of a storm water pollution prevention plan (SWPPP) as necessary for compliance with requirements of the NPDES permit.
(Ord. 2012-14. Passed 2-28-12.)
(Ord. 2012-14. Passed 2-28-12.)
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