(A) Purpose/intent. The purpose of this section is to provide for the health, safety, and general welfare of the citizens of the village through the regulation, of non-storm water discharges to the storm drainage system to the maximum extent, practicable as required by federal and state law. This section and Chapter 153 of these Codified Ordinances, establish methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this section are:
(1) To regulate the contribution of pollutants to the municipal separate storm sewer system (MS4) by storm water discharges by any user;
(2) To prohibit illicit connections and discharges to the municipal separate storm sewer system;
(3) To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this section.
(B) Definitions. For the purposes of this section, the following shall mean:
BEST MANAGEMENT PRACTICES (BMPs). 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 directly or indirectly to storm water, receiving waters, or 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.
CLEAN WATER ACT. The federal Water Pollution Control Act (33 U.S.C. §§ 1251 et seq.), and any subsequent amendments thereto.
CONSTRUCTION ACTIVITY. Activities subject to NPDES Construction Permits. Any construction project resulting in land disturbance of one acre or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.
HAZARDOUS MATERIALS. Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infections 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.
ILLEGAL DISCHARGE. Any direct or indirect non-storm water discharge to the storm drainage system, except as exempted in this section.
ILLICIT CONNECTIONS. Either of the following: Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drainage system, including but not limited to any conveyances which allow any non-storm water discharge including sewage, process waste water, and wash water to enter the storm drainage system, and any connections to the storm drainage system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by the village, or any drain or conveyance connected from a commercial or industrial land use to the storm drainage system which has not been documented in plans, maps, or equivalent records and approved by the
INDUSTRIAL ACTIVITY. Activities subject to NPDES Industrial Permits as defined in 40 C.F.R. § 122.26(b)(14).
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER DISCHARGE PERMIT. A permit issued by EPA (or by a state under authority delegated pursuant to 33 U.S.C. § 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.
NON-STORM WATER DISCHARGE. Any discharge to the storm drainage system that is not composed entirely of storm water.
PERSON. 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.
POLLUTANT. Anything which causes or contributes to pollution. POLLUTANTS may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, leaves, grass clippings, garbage, litter, concrete truck wash-out, or other discarded or abandoned objects, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers when applied in excess of federal, state or local standards; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.
PREMISES. Any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
STORM DRAINAGE SYSTEM. Publicly-owned facilities by which storm water is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.
STORM WATER. Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
STORM WATER POLLUTION PREVENTION PLAN. 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.
VILLAGE. Employees or designees of the Mayor of the Village of Mogadore, Ohio designated to enforce this section.
WASTE WATER. Any water or other liquid, other than uncontaminated storm water, discharged from a facility.
(C) Applicability. This section shall apply to all water entering the storm drainage system generated on any developed and undeveloped lands unless explicitly exempted by the village.
(D) Responsibility for administration. The village shall administer, implement, and enforce the provisions of this section. Any powers granted or duties imposed upon the village may be delegated by the Mayor to persons or entities acting in the beneficial interest of or in the employ of the village, including the Village Engineer.
(E) Severability. The provisions of this section are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this section or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this section.
(F) Ultimate responsibility. The standards set forth herein and promulgated pursuant to this section are minimum standards; therefore this section does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants.
(G) Prohibition of illegal discharges. No person shall discharge or cause to be discharged into the municipal storm drainage system or water courses, 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. The commencement, conduct or continuance of any illegal discharge to the storm drainage system is prohibited except as described as follows:
(1) The following discharges are exempt from discharge prohibitions established by this section; waterline flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active ground water dewatering systems), crawl space pumps, air conditioning condensation, springs, noncommercial washing of vehicles, natural riparian habitat or wetland flows, swimming pools (if dechlorinated-typically less than one PPM chlorine), fire-fighting activities, and any other water source not containing pollutants.
(2) Discharges specified in writing by the village as being necessary to protect public health and safety.
(3) Dye testing is an allowable discharge, but requires a verbal notification to the village prior to the time of the test.
(4) 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 under the authority of the Federal 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 for any discharge to the storm drainage system.
(H) Prohibition of illicit connections. The construction, use, maintenance or continued existence of illicit connections to the storm drainage 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. A person is considered to be in violation of this section if the person connects a line conveying sewage to the MS4, or allows such a connection to continue.
(I) Suspension of MS4 access due to illicit discharges in emergency situations. The village 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 United States. If the violator fails to comply with a suspension order issued in an emergency, the village may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the United States, or to minimize danger to persons. Any person discharging to the MS4 in violation of this section may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The village will notify a violator of the proposed termination of its MS4 access. The violator may petition the village for consideration and hearing. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this section, without the prior approval of the village.
(J) Industrial or construction activity discharges. Any person subject to an industrial or construction activity NPDES storm water discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the village prior to the allowing of discharges to the MS4.
(K) Monitoring of discharges. This section applies to all facilities that have storm water discharges associated with industrial activity, including construction activity.
(1) Access to facilities. The village shall be permitted to enter and inspect facilities subject to regulation under this section as often as may be necessary to determine compliance with this section. 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 representatives of the village.
(a) Facility operators shall allow the village 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.
(b) The village shall have the right to set upon any permitted facility such devices as are necessary in the opinion of the village to conduct monitoring and/or sampling of the facility's storm water discharge.
(c) The village has the right to require the 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 discharger at its own expense. All devices used to measure storm water flow and quality shall be calibrated to ensure their accuracy.
(d) 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 operator at the written or oral request of the village and shall not be replaced. The costs of clearing such access shall be borne by the operator.
(e) Unreasonable delays in allowing the village access to a permitted facility are a violation of a storm water discharge permit and of this section. 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 village reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this section.
(f) If the village has been refused access to any part of the premises from which storm water is discharged, and he or she is able to demonstrate probable cause to believe that there may be a violation of this section, 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 section or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the village may seek issuance of a search warrant from any court of competent jurisdiction.
(L) Requirements to prevent, control, and reduce storm water pollutants by the use of best management practices. The village requires the use of best management practices for any activity, operation, or facility which may cause or contribute to pollution or contamination of storm water, the storm drainage system, or waters of the United States. 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 municipal storm drainage system or water courses through the use of structural and non-structural BMPs. Further, any person responsible for a property or premises 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 municipal separate storm sewer system. 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 this section. These BMPs shall be part of a storm water pollution prevention plan (SWPPP) as necessary for compliance with requirements of the NPDES permit.
(M) Notification of spills. 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 storm drainage system, or water of the United States, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, said person shall notify the village in person or by phone no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the Clerk-Treasurer of the village within three business days of the phone notice. 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.
(N) Enforcement.
(1) Notice of violation. Whenever the village finds that a person has violated a prohibition or failed to meet a requirement of this section, the village may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:
(a) The performance of monitoring, analyses, and reporting;
(b) The elimination of illicit connections or discharges;
(c) That violating discharges, practices, or operations shall cease and desist;
(d) The abatement or mediation of storm water pollution or contamination hazards and the restoration of any affected property;
(e) Payment of a penalty to cover administrative and remediation costs; and
(f) The implementation of source control or treatment BMPs.
If abatement of a violation and/or restoration of affected property are required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator.
(2) Appeal of notice of violation. Any person receiving a notice of violation may appeal the determination of the village. The notice of appeal must be received by the Clerk-Treasurer within 15 days from the date of the notice of violation. Hearing on the appeal before the appropriate authority or his or her designee shall take place within 15 days from the date of receipt of the notice of appeal. The decision of the municipal authority or their designee shall be final.
(3) Enforcement measures after appeal. If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within 15 days of the decision of the authority upholding the decision of the village, then representatives of the village shall enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contract or to enter upon the premises for the purposes set forth above.
(4) Cost of abatement of the violation. Within 15 days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within seven days. If the amount due is not paid within a timely manner as determined by the decision of the village or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. Any person violating any of the provisions of this section shall become liable to the village by reason of such violation. The liability shall be paid in not more than 12 equal payments.
(5) Injunctive relief. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this section. If a person has violated or continues to violate the provisions of this section, the village may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.
(6) Alternative remedies. In lieu of enforcement proceedings, penalties, and remedies authorized by this section, the village may impose upon a violator alternative compensatory action, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, and the like.
(O) Violations deemed a public nuisance. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this section is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.
(P) Attorney fees and expenses. The village may recover all attorneys' fees, court costs and other expenses associated with enforcement of this section, including sampling and monitoring expenses.
(Q) Remedies not exclusive. The remedies listed in this section are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the village to seek cumulative remedies.
(Ord. 61, passed 11-7-07; Am. Ord. 2018-80, passed 11-20-18)