§ 156.097  STORMWATER POLLUTION PREVENTION.
   (A)   Purpose, intent. The purpose and intent of this section is to ensure the health, safety and general welfare of the inhabitants within the corporate limits of the City of Murray and protect and enhance the water quality of watercourses and water bodies in a manner pursuant to and consistent with the National Pollutant Discharge Elimination System (NPDES) permit process by reducing pollutants in stormwater discharges and by prohibiting non-stormwater discharges to the storm drain system.
   (B)   Applicability. This subchapter shall apply to all water entering the storm drainage system and/or receiving waters generated on any developed or undeveloped lands unless explicitly exempted by the authorized enforcement agency.
   (C)   Ultimate responsibility. The standards set forth herein and promulgated pursuant to this subchapter are minimum standards: therefore this subchapter does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants into waters of the state caused by the person. This subchapter shall not create liability on the City of Murray, or any agent or employee thereof for any damages that result from any discharger’s reliance on this subchapter or any administrative decision lawfully made hereunder.
   (D)   Severability. The provisions of this subchapter are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this subchapter 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 subchapter.
   (E)   Prohibition of illegal discharges. No person shall discharge or cause to be discharged into the storm drainage system and or receiving waters of the Commonwealth, any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standard, other than stormwater. The commencement conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows:
      (1)   Waterline flushing, or other potable water sources.
      (2)   Landscape irrigation or lawn watering.
      (3) Diverting stream flows.
      (4)   Rising ground water or ground water infiltration to storm drains.
      (5)   Uncontaminated pumped ground water.
      (6)   Foundation or footing drains (not including active ground water dewatering systems), and crawl space pumps.
      (7)   Air conditioning condensation.
      (8)   Springs.
      (9)   Non-commercial washing of vehicles.
      (10)   Natural riparian habitat or wetland flows.
      (11)   Fire fighting activities.
      (12)   And any other water source not containing pollutants.
      (13)   Dye testing discharge upon verbal notification to the authorized enforcement agency prior to the time of the test.
      (14)   Any non-storm water discharge permitted under 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 discharge 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.
      (15)   Discharges specified in writing to the authorized enforcement agency as being necessary to protect public health and safety.
   (F)   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 subchapter if the person connects a line conveying sewage, effluent, or biologically contaminated water to the storm drainage system, or allows such a connection to continue. A person is considered to be in violation to this subchapter if the person reinstates a suspended connection to the storm drainage system without prior approval of the authorized enforcement agency.
   (G)   Waste disposal prohibitions. No person shall throw, deposit leave, maintain, keep, or permit to be thrown, deposit left, or maintained, in or upon any public or private property, driveway, parking area, street alley, sidewalk, component of the storm drain system, or water of the state, any refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that the same may cause or contribute to pollution. Wastes deposited adjacent to streets in proper waste receptacles for the purposes of collection are exempted from this prohibition.
   (H)   Industrial or construction activity discharges. Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with the permit may be required in a form acceptable to the authorized enforcement agency prior to allowing discharges to the MS4.
   (I)   Monitoring of discharges.
      (1)   The authorized enforcement agency shall be permitted to enter and inspect facilities subject to regulation under this ordinance as often as necessary to determine compliance with this section.
      (2)   Persons shall allow the authorized enforcement agency ready access to all parts of the premises for the purpose of inspection, sampling, examination and copying of records that must be kept under the condition of an NPDES permit to discharge stormwater. and the performance of any additional duties as defined by state law.
      (3)   The authorized enforcement agency shall have the right to set up on any permitted facility such devices as necessary in the opinion of the authorized enforcement agency to conduct monitoring and/or sampling of the facility’s stormwater discharge.
      (4)   The authorized enforcement agency 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 stormwater flow and quality shall be calibrated to their accuracy.
      (5)   Any temporary or permanent obstruction to the facility being inspected and/or sampled shall be promptly removed by the facility operator at the written or oral request of the authorized enforcement agency and shall not be replaced. The costs of clearing such access shall be borne by the facility operator.
      (6)   Unreasonable delay and/or denial of access to a permitted facility are violations of a stormwater discharge permit and this ordinance. The authorized enforcement agency is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.
   (J)   Requirements to prevent control, and reduce stormwater pollutants. The owner and/or facility operator shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the storm drainage system of watercourses through the use of these structural and non-structural BMPs. 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 storm drainage system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater 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 (SWPPP) as necessary for compliance with requirements of the NPDES permit.
   (K)   Watercourse protection. Every person owning property within a watershed, through which a watercourse passes, or such person’s lessee, shall keep and maintain that part of the watercourse 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.
   (L)   Notifications 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 stormwater. the storm drainage system, or water of the State 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 the person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, the person shall notify the authorized enforcement agency in person, by phone, or by facsimile no later than the next business day and written notice given no, later than three (3) business days of initial notification. The owner or facility operator shall also retain an onsite written record, for three (3)  years, of the discharge and the actions taken to prevent its recurrence.
   (M)   Program enforcement.
      (1)   Suspension of MS4 access.
         (a)   In the event of an emergency, the authorized enforcement agency 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 public health, the environment, the MS4. or the waters of the state. If the violator fails to comply with a suspension order issued in an emergency, the authorized enforcement agency may take such steps as deemed necessary to prevent or minimize the danger to the public, damage to the MS4 or waters of the state.
         (b)   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 authorized enforcement agency will notify a violator so they may petition the authorized enforcement agency, for a reconsideration and hearing.
      (2)   Notice of violation.
         (a)   Whenever the authorized enforcement agency finds that a person.
         (b)   Has violated any prohibition or failed to meet any requirements of this ordinance the authorized enforcement agency may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:
            1.   The performance of monitoring, analyses, and reporting.
            2.   The elimination of illicit connections or discharges.
            3.   That violating discharges, practices, or operations shall cease and desist.
            4.   The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property.
            5.   Payment of penalty to cover administrative and remediation costs, or
            6.   The implementation of source control or treatment BMPs.
         (c)   If abatement of violation and/or restoration of affected property are required, the notices shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall advise that should the violator fail to remediate or restore within the established deadline, the work will be done by a contractor and all expense shall be charged to the violator.
      (3)   Appeal of notice of violation. Any person receiving a notice of violation may appeal. in writing, the determination of the authorized enforcement agency. The notice of appeal must be received by the office of Planning and Engineering, within 15 days from the date of the notice of violation.
      (4)   Enforcement measures after appeal. If the violation has not been corrected pursuant to the requirements set forth in the violation or deadline, the enforcement agency shall enter upon the subject private property and is 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 authorized enforcement agency or its designated contractor to enter upon the premises for the purposes set forth above.
      (5)   Cost of abatement. Within 30 days after the abatement of the violation, the owner of the property will be notified of the cost of the abatement including administrative costs. The property owner may file a written protest objecting to the amount of the assessment with 15 days of notification. If the amount due is not paid within 30 days or by the date expressed by the authorized enforcement agency, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. A copy of the resolution shall be turned over the County Auditor so that the auditor may enter the amounts of the assessment against the parcel as it appears on the current assessment roll, and the tax collector shall include the amount of the assessment on the bill for taxes levied against the parcel of land.
      (6)   Injunctive relief. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this subchapter. If a person has violated or continues to violate the provisions of this subchapter, the authorized enforcement agency may petition the courts for a preliminary of permanent injunction restraining the person from activities which would create further violation or compelling the person to perform abatement or remediation of the violation.
      (7)   Compensatory action. In lieu of enforcement proceedings, penalties, and remedies authorized by this ordinance, the authorized enforcement agency may impose upon a violator alternative compensatory action, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, and the like.
      (8)   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 subchapter, is a threat to public’s health, safety, and welfare, and is deemed a nuisance, and may be summarily abated or restored at the violator’s expense, and/or civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.
      (9)   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 authorized enforcement agency to seek cumulative remedies.
(Ord. 2014-1636, passed 4-10-14)  Penalty, see § 156.999