(a) Village of Shawnee Hills holds regulatory authority to ensure minimum condition of the most current version of the Ohio EPA's general stormwater construction permit requirements for construction activities
(b) A person commits an offense if the person introduces or causes to be introduced into the MS4 any discharge that is not composed entirely of stormwater
(c) It is an affirmative defense to any enforcement action for a violation of subsection (b) 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 the Fire Department;
(3) A discharge or flow from lawn watering, or landscape irrigation;
(4) A discharge or flow from a diverted stream flow or natural spring;
(5) A discharge or flow from uncontaminated pumped groundwater or rising groundwater;
(6) Uncontaminated discharge or flow from a foundation drain, crawl space pump, or footing drain;
(7) A discharge or flow from individual residential car washing;
(8) Drainage from a private residential swimming pool containing no harmful quantities of chlorine or other chemicals. Drainage from swimming pool filer backwash is prohibited;
(9) A discharge or flow from construction activities of one acre or greater is prohibited;
(10) Solid waste or debris discharge from post-construction activities of one acre or greater is prohibited.
(d) No affirmative defense shall be available under subsection (c) if:
(1) The discharge or flow in questions has been determined by the Director to be a source of a pollutant or pollutants to the waters of the United States or to the MS4;
(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.
(e) A person commits an offense if the person introduces cause to be introduced into the MS4 any harmful quantity of any substance.
(f) The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited.
(g) Any enhancement of soil erosion through sediment discharge, construction, and post-construction is prohibited.
(h) Landowner and the Village of Shawnee Hills holds the responsibility to implement BMPs to the extent they are technologically achievable to prevent and reduce pollutants from entering stormwater control facilities.
(i) The Village of Shawnee Hills holds the authority to inspect any area in which there is a threat to stormwater control facilities.
(Ord. 01-2012. Passed 2-27-12.)