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   936.06 COLLECTION.
   The Martinsburg Stormwater Utility shall assess interest and penalties upon unpaid and past due stormwater utility fee and service charges, and act as it deems appropriate to enforce collection of unpaid stormwater utility fee and charges. Unpaid stormwater utility fee and charges shall constitute just cause for disconnection of public water service to the non-paying property. The Martinsburg Stormwater Utility shall enter into an agreement with the public water provider(s) to accomplish these purposes and shall further ensure sufficient notice of disconnection is made in accordance with the rules of the Public Service Commission. Water service shall be reactivated only upon full payment of the stormwater utility fee and charges or other payment arrangements approved by the Martinsburg Stormwater Utility. The Martinsburg Stormwater Utility may also take appropriate legal action to collect unpaid stormwater utility fee charges, including, but not limited to, placing a lien upon the subject property and/or bringing a civil action in a court of competent jurisdiction to recover unpaid charges and fees.
(Ord. 2021-12. Passed 10-14-21.)
   936.07 USE OF FUNDS.
   All funds collected by the Martinsburg Stormwater Utility shall be accounted for separately and shall be used solely for the purposes of the Martinsburg Stormwater Utility authorized under West Virginia Code, including, but not limited to, construction, operation, repair, improvement, extension and maintenance of the stormwater system, debt service on any obligations secured by the revenues of the stormwater system, and stormwater environmental compliance and stormwater management programs.
(Ord. 2021-12. Passed 10-14-21.)
   936.08 GENERAL REQUIREMENTS AND PROHIBITIONS.
   (a)   The stormwater system shall be used for the collection, conveyance, storage, treatment and disposal of stormwater.
   (b)   No person shall place or cause to be placed any substance or material, including any pollutant, into the stormwater system, unless written approval has been granted by the Martinsburg Stormwater Utility or the person maintains a current industrial waste discharge permit authorizing such discharge and such discharge will not cause a pass-through violation for the stormwater system. The Martinsburg Stormwater Utility may grant approval to discharge non-stormwater into the stormwater system for any reason or combination of reasons in its sole discretion.
   (c)   Any person or entity engaged in activities which will or may result in any pollutant entering the stormwater system shall undertake stormwater control practices to reduce such pollutants. Examples of such activities include, but are not limited to, compliant operation of facilities that may be a source of pollutants, such as paved parking lots, gasoline stations, industrial facilities, storage facilities, and private roads/streets.
   (d)   No person shall deposit, leave or maintain, or cause to be deposited, left or maintained, any refuse, rubbish, grass clippings, leaves, garbage, grease, petroleum products, or other discarded or abandoned objects, articles or accumulations in or upon any street, alley, sidewalk, storm drain inlet, catch basin, stream, conduit or other drainage structures, parking area, or upon any private or public plot of land so that any discharge therefrom may result in pollution.
   (e)   No person shall cause or permit any dumpster, solid waste bin, storage facility, or similar container to leak such that any pollutant is discharged into any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structure, or upon any public or private plot of land in the service area.
   (f)   No person shall use the stormwater system for discharge from any environmental cleanup that is regulated under federal or state law unless approved by the stormwater utility. Approval by the Martinsburg Stormwater Utility must be conditioned upon the discharge meeting all criteria for discharge under this article. Approval conditions may provide for measures appropriate to prevent harm due to possible exfiltration into the ground adjacent to the stormwater system or failure of any pretreatment system for the discharge.
   (g)   Any person who maintains and complies with a Ground Water Protection Plan established pursuant to 47 CSR 58 (West Virginia Ground Water Protection Rule) shall be deemed to be in full compliance with the requirements of subsections (c), (d) and (e) this section.
(Ord. 2021-12. Passed 10-14-21.)
   936.09 ILLICIT CONNECTIONS.
   It is prohibited to establish, use, maintain or continue illicit connections to the stormwater system. The provisions of Article 936 of the Martinsburg City Code, relating to illicit discharge and detection are incorporated by reference herein.
(Ord. 2021-12. Passed 10-14-21.)
   936.10 STORAGE AREAS.
   No person shall store any material including grease, oil or other hazardous substance in a manner that will or may result in such substance entering the stormwater system causing pollution. No person shall store motor vehicles, machine parts, or other objects or materials in a manner that may leak grease, oil, or other hazardous substance, and/or other pollutant into the stormwater system to prevent the pollution of the stormwater system. Spill containment systems may consist of a system of dikes, walls, barriers, berms, or other devices as required. No person shall operate a spill containment system such that it allows incompatible liquids to mix and thereby create a hazardous condition. Any person who maintains and complies with a Ground Water Protection Plan established pursuant to 47 CSR 58 (West Virginia Ground Water Protection Rule) shall be deemed to be in full compliance with the requirements of this section.
(Ord. 2021-12. Passed 10-14-21.)
   936.11 DISCHARGE IN VIOLATION OF PERMIT.
   Any discharge that would cause a violation of any NPDES permit assigned to the City of Martinsburg and any amendments, revisions or reissuance thereof, either separately considered or when combined with other discharges, is prohibited. Liability for any such discharge, including, but not limited to, the cost of remedial activity, shall be the responsibility of the person(s) causing or responsible for the discharge, and the city shall seek to have such persons defend, indemnify and hold harmless the city in any administrative or judicial enforcement action against the City of Martinsburg relating to such discharge as provided by applicable rules of law. (Ord. 2021-12. Passed 10-14-21.)
   936.12 STORMWATER SYSTEM CONSTRUCTION.
   (a)   Only parties authorized by the Martinsburg Stormwater Utility may perform construction upon the public facilities of the stormwater system. Public facilities of the stormwater system which may be constructed by authorized parties shall include, but not be limited to:
      (1)   Those facilities that serve two (2) or more properties, including, but not limited to, stormwater system facilities that collect and transmit stormwater from and/or across two (2) or more properties; and,
      (2)   All taps or other connections from a private lateral to a facility of the stormwater system.
   (b)   All costs and expenses of the Martinsburg Stormwater Utility incidental to the installation of private stormwater facilities, connection of a private facility to the stormwater system, and installation of public facilities to facilitate and/or convey flows from a specific private facility to the stormwater system, shall be borne by the owner(s) of the private facility. The amount of, and terms of payment for, these costs and expenses, shall be determined by the Martinsburg Stormwater Utility for such facility, in its sole discretion.
   (c)   Parties authorized by the Martinsburg Stormwater Utility to perform construction of or upon the stormwater system shall comply with the design and construction standards required by the Martinsburg Stormwater Utility. These parties shall allow for inspection of the construction by the Martinsburg Stormwater Utility at all times, and construction shall only occur during normal working hours of the Martinsburg Stormwater Utility unless otherwise authorized by the Martinsburg Stormwater Utility. No facility constructed by an authorized party may be covered or connected to the stormwater system without specific authorization of the Martinsburg Stormwater Utility. This authority shall be granted by the Martinsburg Stormwater Utility upon satisfaction of the design and construction standards required by the Martinsburg Stormwater Utility for such facility, in its sole discretion.
   (d)   All public facilities of the stormwater system shall, upon authorized completion and acceptance, be property of the Martinsburg Stormwater Utility.
(Ord. 2021-12. Passed 10-14-21.)
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