(a) Prohibition of Illegal Discharges. No person may discharge, spill, or dump sewage, industrial wastes, other wastes, or any substances or materials which are not entirely composed of storm water into any water body or into the MS4 or streets, driveways, sidewalks, parking lots or other areas that drain into the MS4. Additionally, no person shall discharge or cause to be discharged into the municipal separate storm sewer system or any water body any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than storm water.
(1) The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows. The following discharges are exempt from discharge prohibitions established by this chapter unless the authorized agent determines that the discharge poses a significant source of storm water contamination:
A. Water line flushing or other potable water sources;
B. Landscape irrigation or lawn watering;
C. Diverted stream flows;
D. Rising ground water;
E. Ground water infiltration to storm drains (as defined in 40 CFR 35.2005(20));
F. Uncontaminated pumped ground water;
G. Foundation or footing drains (not including active groundwater de-watering systems);
H. Crawl space pumps;
I. Air conditioning condensation;
J. Springs;
K. Non-commercial washing of vehicles;
L. Natural riparian habitat or wet-land flows;
M. Swimming pools (if dechlorinated - typically less than one PPM chlorine);
N. Unanticipated utility repairs or failures of potable water systems;
O. Flows from fire fighting activities; and
P. Any other water source not containing pollutants.
(2) Dye testing is an allowable discharge, but requires a verbal notification to the City authorized agent prior to the time of the test.
(3) The prohibition shall not apply to any non-storm water discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered by the State of Ohio under the authority of the U.S. Environmental Protection Agency, 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 by the City authorized agent for any discharge to the municipal separate storm sewer system.
(b) Prohibition of Illicit Connections.
(1) No person shall uncover, make any connections with or opening into, use, alter, or disturb any part of the municipal separate storm sewer system without obtaining written approval from the City.
(2) The construction, use, maintenance or continued existence of illicit connections to the storm drain 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. Additionally, a person is considered to be in violation of this chapter if the person connects a line conveying sewage to the MS4, or allows such a connection to continue.
(c) Waste Disposal Prohibitions.
(1) No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, left, or maintained, in or upon any public or private property, driveway, parking area, street, alley, sidewalk, component of the MS4, or waters of the State, any refuse, rubbish, garbage, litter, yard waste, pet waste, or other discarded or abandoned objects, articles, and accumulations, so that the same may cause or contribute to the obstruction or pollution of the flow in any part thereof. Wastes deposited in streets in proper waste receptacles for the purposes of collection are exempted from this prohibition.
(2) No person shall apply pesticide, herbicide, or fertilizer to any surface which drains to the MS4 in a manner inconsistent with the label directions.
(3) No person shall discharge oil, petroleum products, antifreeze, or other waste materials from the maintenance of motor vehicles, water craft or aircraft to the MS4 or water body.
(4) No person causing or contributing to the occurrence of a spill or pollutants shall fail to take all reasonable actions to prevent the spilled materials from entering the MS4 or water body.
(5) No person shall place, cause to be placed, or maintain any materials in the municipal separate storm sewer system which obstructs or pollutes the flow in any part thereof.
(6) No person shall erect any structure over any part of the municipal separate storm sewer system so as to interfere with its flow, maintenance, or cleaning.
(7) No person shall uncover, make any connections with or opening into, use, alter, or disturb any part of the municipal separate storm sewer system without obtaining written approval from the authorized agent.
(8) No person shall install, cause to be installed, or maintain any illicit connection to the municipal separate storm sewer system.
(9) No person shall cause any illicit discharge to the municipal separate storm sewer system.
(10) No person may discharge, spill, or dump sewage, industrial wastes, other wastes or any substances or materials which are not entirely composed of storm water into any water body or into the MS4 or streets, driveways, sidewalks, parking lots or other areas that drain into the MS4.
(d) Suspension of MS4 Access Due to Illicit Discharges in Emergency Situations. The City 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 State. If the violator fails to comply with a suspension order issued in an emergency, the City may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the State, or to minimize danger to persons.
(e) Suspension of MS4 Access Due to the Detection of Illicit Discharge. Any person discharging to the MS4 in violation of this chapter may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The City will notify a violator of the proposed termination of its MS4 access. The violator may petition the City in writing for reconsideration. The violator may be penalized if the person reinstates MS4 access to premises terminated pursuant to this chapter, without the prior approval of the City authorized agent.
(f) Industrial or Construction Discharges. Any person subject to an industrial or construction activity NPDES storm water discharge permit shall comply with all provisions of such permit and all other applicable City ordinances. Proof of compliance with said permit and ordinances may be required prior to the allowing of discharges to the City MS4.
(g) Inspection and Monitoring Authority.
(1) The City shall be permitted to enter and inspect facilities subject to regulation under this chapter as often as may be necessary to determine compliance with this chapter. Whenever necessary to make an inspection to enforce any provision of this chapter, or whenever the authorized agent has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this chapter, the authorized agent may enter such premises at all reasonable times to inspect the same and to inspect and copy records related to storm water compliance.
(2) 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 the City authorized agent.
(3) In the event the owner or occupant refuses entry after a request to enter and inspect has been made, the City is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.
(4) Facility operators shall allow the authorized agent ready access to all parts of the premises for the purposes of 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.
(h) Requirement to Monitor and Analyze.
(1) The City authorized agent may require by written notice of requirement that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to storm water pollution, illegal discharges, and/or non- storm water discharges to the storm drain system or waters of the State, to undertake at said person's expense such monitoring and analyses and furnish such reports to the City as deemed necessary to determine compliance with this chapter.
(2) The City has the right to require a 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 facility at its own expense. All devices used to measure storm water quantity and quality shall be calibrated to ensure their accuracy.
(3) The City shall have the right to set up on any facility such devices as are necessary in the opinion of the City to conduct monitoring and/or sampling of the facility's storm water discharge. During any inspection as provided herein, the authorized agent may take any samples and perform any testing deemed necessary to aid in the pursuit of the inquiry or to record site activities.
(4) 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 facility 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 operator.
(5) Unreasonable delays in allowing the City access to a permitted facility is a violation of a storm water discharge permit and of this chapter. A person who is the operator of a facility with a NPDES permit to discharge storm water associated with industrial activity commits an offense if the person denies the City reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this chapter.
(6) If the City authorized agent has been refused access to any part of the premises from which storm water is discharged, and the authorized agent is able to demonstrate 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 a routine inspection and sampling program designed to verify compliance with this chapter or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the City may seek issuance of a search warrant from any court of competent jurisdiction.
(i) Requirement to Prevent, Control and Reduce Storm Water Pollutants by the Use of Best Management Practices.
(1) The City may require a person to adopt best management practices, reviewed and approved by the authorized agent, for any activity, operation, or facility which may cause or contribute to pollution or contamination of storm water, the MS4, or waters of the State. 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 MS4 or waters of the State through the use of these structural and non-structural BMPs.
(2) Further, any person 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, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the MS4.
(3) 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 compliant with the provisions of this section. These BMPs shall be part of a storm water pollution prevention plan (SWP3) as necessary for compliance with requirements of the NPDES permit.
(j) Waters of the State and Water Body Protection Requirements.
(1) Every person owning property through which waters of the State or a water body passes, or such person's lessee, shall keep and maintain that part of the watercourse or water body 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.
(2) In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse or water body, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse or water body.
(3) The owner or lessee shall not remove healthy bank vegetation beyond that actually necessary for maintenance, nor remove said vegetation in such a manner as to increase the vulnerability of the watercourse to erosion. The property owner shall be responsible for maintaining and stabilizing that portion of the watercourse that is within their property lines in order to protect against erosion and degradation of the watercourse originating or contributed from their property.
(k) Notification of Spills.
(1) Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or 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 discharging into storm water, the MS4, or waters of the State said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release.
(2) In the event of such a release of hazardous materials said person shall immediately notify the City Fire Department via 911. In the event of a release of non-hazardous materials, said person shall notify the City by written notice addressed and mailed to the City of Miamisburg, Attn: Environmental Coordinator, 600 North Main Street, Miamisburg, Ohio 45342, within two business days of the release.
(3) 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 years.
(Ord. 5972. Passed 2-20-07.)