(A) For purposes of this subchapter, a “responsible party” is 1 or more persons that control or are in possession of or own property. Responsible parties shall be jointly and severally responsible for compliance with this subchapter and jointly and severally liable for any illicit discharge from the property controlled, possessed or owned. For purposes of this subchapter, “property” includes but is not limited to real estate, fixtures, facilities and premises of any kind located upon, under or above the surface of real estate.
(B) Nothing in this subchapter shall be deemed to relieve a responsible party subject to an NDEQ-issued industrial discharge permit or any other federal, state or city permit, statute, ordinance or rule from any obligation imposed by such permit, statute, ordinance or rule if any such obligation is greater than any obligation imposed by this subchapter.
(C) Any discharge into the city's storm sewer system prohibited by the city's MS4 permit, the terms of which are hereby incorporated by reference, shall be deemed an “illicit discharge” in violation of this subchapter.
(D) Sediment pollution originating from excessive erosion rates on a construction site not otherwise subject to city ordinance or sediment pollution entering a municipal storm sewer that causes a water quality violation as determined by the NDEQ shall be deemed an illicit discharge in violation of this subchapter.
(Ord. 3705, § 1, 9-4-2007) Penalty, see § 53.999