A. As used in this section, all definitions contained in section 502 of the Clean Water Act, 40 CFR 122, and 35 Illinois Administrative Code 309 shall apply and are incorporated herein by reference. For convenience, simplified explanations of some regulatory/statutory definitions have been provided, but in the event of a conflict, the definition found in the referenced statute or regulation takes precedence.
ILLICIT DISCHARGE: Any discharge to the Village separate storm sewer system that is not composed entirely of stormwater, except discharges authorized under an NPDES permit and discharges resulting from firefighting activities.
STORMWATER: Stormwater runoff, snowmelt runoff, and surface runoff and drainage.
VILLAGE SEPARATE STORM SEWER SYSTEM: The conveyance or system of conveyances (including roads with drainage systems, Village streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) located in the Village and which convey stormwater to any surface water of the State of Illinois.
B. It shall be unlawful for any person to permit or cause nonstormwater to enter the Village separate storm sewer system resulting in an illicit discharge. Certain instances of nonstormwater, when allowed pursuant to the NPDES permit, do not constitute violations of this section. Such instances may include the following:
Air conditioning condensate,
Dechlorinated pH neutral swimming pool discharges,
Dechlorinated water reservoir discharges,
Discharges from potable water sources,
Discharges or flows from firefighting activities,
Flows from riparian habitats and wetlands,
Footing drains,
Foundation drains,
Ground water infiltration,
Irrigation water (except for wastewater irrigation),
Landscape irrigation water,
Pavement wash waters where spills or leaks of toxic or hazardous materials have not occurred (unless all spilled material has been removed),
Pumped ground water,
Residual street wash water,
Rising ground waters,
Routine external building wash down which does not use detergents,
Springs,
Storm sewer cleaning water,
Water from crawl space pumps,
Water from individual residential car washing, and
Water line and fire hydrant flushing.
C. Any person violating the provisions of this section shall be fined not less than two hundred dollars ($200.00) and not more than one thousand dollars ($1,000.00) for each offense. Each day such violation is continued shall constitute a separate offense. (Ord. 09-1-2, 1-20-2009; amd. Ord. 09-4-9, 4-21-2009)
A. As used in this section, the following words and phrases shall have the meanings ascribed to them:
COMMERCIAL APPLICATOR: A person who is engaged in the business of applying fertilizer for hire.
LAWN FERTILIZER: Any fertilizer, whether distributed by a commercial or noncommercial applicator, which is distributed for nonagricultural use, such as for lawns, golf courses, parks and cemeteries. Lawn fertilizer does not include fertilizer products intended primarily for garden and indoor plant application or the following natural products: agricultural limestone, marl, sea solids and unprocessed animal manure, which have not been manipulated so as to alter or change them chemically, burnt or hydrated lime.
NONCOMMERCIAL APPLICATOR: A person, including a homeowner or renter, who applies fertilizer but who is not a commercial applicator.
B. No commercial or noncommercial applicator shall apply to any area within the village any lawn fertilizer, liquid or granular, that is labeled as containing more than zero percent (0%) phosphorus or other compound containing phosphorus, such as phosphate, except as provided in subsection D of this section.
C. No commercial or noncommercial applicator shall apply any lawn fertilizer to:
1. Impervious surfaces, including parking lots, roadways and sidewalks;
2. Areas within drainage ditches;
3. Waterways or within ten feet (10') thereof; and
4. Any delineated wetland and any area established as a natural buffer zone therefor.
Any lawn fertilizer application occurring in violation of the foregoing must be immediately contained and either legally applied to turf or placed in an appropriate container.
D. The prohibition against the use of fertilizer containing phosphorus shall not apply to:
1. Newly established turf or lawn areas during their first growing season.
2. Turf and lawn areas for which soil tests confirm the ambient phosphorus content is below median phosphorus levels for typical area soils. The scope of this exemption shall only be for such volume or concentration of phosphorus necessary to permit such turf or lawn area to contain phosphorus levels equal to the median phosphorus levels for typical area soils. Phosphorus applied as fertilizer pursuant to this exemption shall be integrated into the soil where it is immobilized and generally protected from loss by stormwater runoff.
3. Agricultural uses, vegetable and flower gardens or application to trees or shrubs in accordance with sound horticultural practices.
4. The naturally occurring phosphorus in unadulterated natural or organic fertilizing products such as yard waste compost.
E. The owner or manager of any business in the village which sells any fertilizer at retail shall be required to post a sign at the point of sale for fertilizer advising customers that the application of lawn fertilizer containing phosphorus is prohibited in the village except when allowed by the regulations set forth in this section. Such sign shall be legible and conspicuously posted next to the lawn fertilizer, no less than four feet (4') above the ground.
F. Any person violating the provisions of this section shall be fined not less than two hundred dollars ($200.00) and not more than one thousand dollars ($1,000.00) for each offense. Each day such violation is continued shall constitute a separate offense. (Ord. 09-4-9, 4-21-2009)
A. For purposes of this section, the following terms shall have the following definitions:
COAL TAR: Means a byproduct of the process used to refine coal that contains polycyclic aromatic hydrocarbons (PAH).
COAL TAR PRODUCT: Means any product that is labeled as containing or contains coal tar, including coal tar derivatives or coal tar mixtures. Some but not all pavement sealants contain coal tar products. Any pavement sealant that is labeled as containing or contains coal tar products is deemed a coal tar product.
OPERATOR: Means a person or entity engaged in the business of applying pavement sealants.
PAVEMENT SEALANT: Means any pavement sealant or similar product that is sprayed, brushed or similarly applied to asphalt pavement in an effort to protect or beautify the asphalt.
B. No person, including any operator, shall apply any coal tar products on any pavement within the Village.
C. A person who owns property on which coal tar product is applied after the date of adopting this section is presumed to have permitted a coal tar product to be applied in violation of this section.
D. No person shall sell, offer to sell, or display for sale any pavement sealant within the Village that is labeled as containing coal tar.
E. Any person, who applies, sells, offers to sell or displays for sale any pavement sealant within the Village that is labeled as containing coal tar is presumed to have applied, sold, offered to sell or displayed the product in violation of this section.
F. Any person violating the provisions of this section shall be fined not less than two hundred dollars ($200.00) and not more than one thousand dollars ($1,000.00) for each offense. Each day such violation is continued shall constitute a separate offense. (Ord. 18-08-16, 8-21-2018, eff. 10-21-2018)