CHAPTER 960
Stormwater Regulations
960.01   Definitions.
960.02   Stormwater system management.
960.03   Illicit discharge and obstruction of the separate storm sewer system.
960.99   Penalty.
960.01 DEFINITIONS.
   The definitions set forth in City Code Chapters 958 and 959 are hereby included as part of this section and the following definitions are hereby enacted and included and to be incorporated in alphabetical order:
   “Harmful quantity” means any amount of a substance which is injurious to health, animals, vegetation or other property.
   “Municipal separate storm sewer system” and “MS4" means a conveyance or system of conveyances (including roadside ditches, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, storm drains or open public watercourses) that are owned and operated by the City that discharge into surface waters of the state; and are designed or used for collecting or conveying solely stormwater, which is not a combined sewer and which is not a part of a publicly owned treatment work.
   “NOI” is an acronym for “Notice of Intent” which means the mechanism used to register for coverage under the Ohio Environmental Protection Agencies stormwater permits.
   “Roadside ditch” shall mean any swale, channel, ditch, watercourse or waterway which conveys only the drainage from the immediately adjacent right-of-way.
   “Stormwater management program” refers to the comprehensive program to manage the quality of stormwater discharged from the municipal separate storm sewer system.
   “Surface Waters of the State” means all streams, lakes, reservoirs, ponds, marshes, wetlands, or other waterways which are situated wholly or partly within the boundaries of the State, except those private waters which do not combine or effect a junction with a surface water. Waters defined as sewage systems, treatment works, or disposal systems in Ohio R.C. 6111.01 are not included.
(Ord. 4-03. Passed 2-10-03; Ord. 53-04. Passed 5-10-04.)
960.02 STORMWATER SYSTEM MANAGEMENT.
   (a)   The Mayor may promulgate regulations for the operation, management and maintenance of the stormwater system and facilities or cause the regulations for the operation, management and maintenance of the stormwater system and facilities to be established by ordinance.
   (b)   The Mayor shall prepare, or cause to prepare, a storm water management plan, required as part of the NPDES Phase II stormwater program in accordance with the requirements set forth by the Ohio Environmental Protection Agency, including all annual updates and amendments thereto.
(Ord. 4-03. Passed 2-10-03.)
960.03 ILLICIT DISCHARGE AND OBSTRUCTION OF THE SEPARATE STORM SEWER SYSTEM.
   (a)   A person (as defined in Section 101.02(k)) commits an offense if the person introduces or causes to be introduced into the MS4 any discharge that is not composed entirely of storm water.
   (b)   It is an affirmative defense to any enforcement action for a violation of subsection (a) that the discharge was composed entirely of one or more of the following categories of discharges:
      (1)   A discharge authorized by, and in full compliance with, an NPDES permit (other than the NPDES permit for discharges from the MS4);
      (2)   A discharge or flow resulting from fire fighting by the Fire Department;
      (3)   A discharge or flow of fire protection water that does not contain oil or hazardous substances or materials that the Fire Code requires to be contained and treated prior to discharge, in which case treatment adequate to remove harmful quantities of pollutants must have occurred prior to discharge;
      (4)   Agricultural storm water runoff;
      (5)   A discharge or flow from water line flushing or disinfection that contains no harmful quantity of total residual chlorine (TRC) or any other chemical used in line disinfection;
      (6)   A discharge or flow from lawn watering, or landscape irrigation;
      (7)   A discharge or flow from a diverted stream flow or natural spring;
      (8)   A discharge or flow from uncontaminated pumped groundwater or rising groundwater;
      (9)   Uncontaminated groundwater infiltration (as defined at 40 C.F.R. 35.2005(20) to the MS4;
      (10)   Uncontaminated discharge or flow from a foundation drain, crawl space pump, or footing drain;
      (11)   A discharge or flow from a potable water source not containing any harmful substance or material from the cleaning or draining of a storage tank or other container;
      (12)   A discharge or flow from air conditioning condensation that is unmixed with water from a cooling tower, emissions scrubber, emissions filter, or any other source of pollutant;
      (13)   A discharge or flow from individual residential car washing;
      (14)   A discharge or flow from a riparian habitat or wetland;
      (15)   A discharge or flow from cold water (or hot water with prior permission of the Director) used in street washing or cosmetic cleaning that is not contaminated with any soap, detergent, degreaser, solvent, emulsifier, dispersant, or any other harmful cleaning substance;
      (16)   Drainage from a private residential swimming pool containing no harmful quantities of chlorine or other chemicals. Drainage from swimming pool filter backwash is prohibited; or
      (17)   A discharge or flow of uncontaminated storm water pumped from an excavation.
   (c)   No affirmative defense shall be available under subsection (b) if:
      (1)   The discharge or flow in question has been determined by the Service Director to be a source of a pollutant or pollutants to the waters of the United States or to the MS4; and
      (2)   Written notice of such determination has been provided to the discharger; and
      (3)   The discharge has continued after the expiration of the time given in the notice to cease the discharge.
   (d)   A person commits an offense if the person introduces or causes to be introduced into the MS4 any harmful quantity of any substance.
   (e)   Flow Obstruction Prohibited:
      (1)   No person shall place any dam or other flow restricting structure or device in any drainage facility or watercourse without first having obtained written approval from the Service Director and the City Engineer.
      (2)   No person shall place or deposit into any outfall, drainage facility, storm sewer or watercourse within the City any garbage, trash, yard waste, soil rock or similar material, or any other substance which obstructs flow in the system or damages the system or interferes with the proper operation of the system or which constitutes a nuisance or a hazard to the public.
(Ord. 52-04. Passed 5-10-04; Ord. 06-16. Passed 2-8-16.)
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