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(A) Statement of purpose. This section establishes methods for controlling the introduction of pollutants into the Municipal Separate Storm Sewer System (MS4) in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this section are:
(1) To regulate the contribution of pollutants to the MS4 by storm water discharges by any user:
(2) To prohibit illicit connections and discharges to the MS4;
(3) To establish legal authority to perform all inspection, surveillance and monitoring procedures necessary to ensure compliance with this section;
(4) To establish penalties for making illicit/illegal connections and creating/allowing illicit discharges.
(B) Applicability. This section shall apply to all water entering the MS4 generated on any developed or undeveloped lands unless explicitly exempted by this section.
(C) Responsibility for administration. The Mayor or designee is responsible for the administration of the Illicit Discharge Ordinance.
(D) Ultimate responsibility. The standards set forth in this section are minimum standards. Compliance with these provisions does not allow any person to otherwise cause contamination, pollution, or unauthorized discharge of pollutants. Compliance with these provisions does not relieve any person, firm or other entity from complying with any state and/or federal regulation(s) that address illicit discharges, hazardous spills, and/or other pollutant discharges.
(E) Discharge prohibitions.
(1) No person shall discharge or cause to be discharged into the MS4 or into a watercourse, any pollutants or waters containing any pollutants other than storm water. For purposes of this section, watercourse shall have the same definition as in § 151.01 of the Springdale Codified Ordinances.
(2) The commencement, conduct or continuance of any illegal discharge to the MS4 is prohibited except as described as follows:
(a) The following discharges are exempt from discharge prohibitions established by this section: water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising groundwater, groundwater infiltration to storm drains, uncontaminated pumped groundwater, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, noncommercial washing of vehicles, natural riparian habitat or wetland flows, swimming pools (if meeting requirements articulated in division (H) of this section), fire fighting activities, and any other water source not containing pollutants.
(b) Discharges specified in writing by the city as being necessary to protect public health and safety and/or otherwise specified elsewhere in this section.
(c) Dye testing is an allowable discharge, but requires a documented notification to the Springdale Health Department prior to the time of the test.
(d) The prohibition shall not apply to any non-storm water discharge permitted under a NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the United States Environmental Protection Agency, provided that the discharger 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.
(3) The commencement, conduct or continuance of any illicit connection to the MS4 is prohibited as follows, aside from the exceptions previously articulated in this section:
(a) The construction, use, maintenance or continued existence of illicit connections to the MS4 is prohibited.
(b) 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.
(c) A person is considered to be in violation of this section if the person connects a line conveying sewage to the MS4, or allows such a connection to continue after the effective date of this section.
(F) Monitoring of discharges. The city or designee shall be permitted to enter and inspect facilities subject to regulation under this section as often as may be necessary to determine compliance with this section. If a discharger has security measures in place, which requires proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the city. Facility operators shall allow the city ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of the NPDES permit to discharge storm water, and the performance of any additional duties as defined by federal, state and local law.
(1) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the city and shall not be replaced. The costs of clearing such access shall be borne by the owner or operator of the premises.
(2) Unreasonable delays in allowing the city access to the premises are a violation of this section. A person is in violation of this regulation if the person denies the city reasonable access to the premises for the purpose of conducting any activity authorized or required by this section.
(3) If the city has been refused access to any part of the premises from which storm water or non-storm water is discharged, and it is able to demonstrate probable cause to believe that there may be a violation of this section, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this section or any order issued hereunder, or to protect the overall public health, safety, and welfare of the city, then the city may seek issuance of a search warrant from any court of competent jurisdiction.
(G) Notification of spills. Notwithstanding other requirements of law, as soon as any person responsible for a premises, or responsible for emergency response to a premises has information of any known or suspected, illegal discharges discharging into, the MS4, or water of the U.S. said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such discharges. In the event of a discharge of hazardous materials, said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, said person shall notify the city in person or by calling the City of Springdale Illegal Dumping Hotline at (513) 346-5535 as soon as possible. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the city within three working days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for the duration required under the Ohio records retention law.
(H) Swimming pool discharges. For private residential swimming pools, backwash water, resulting from cleaning of the swimming pool filtration medium and/or elements, should be discharged to the sanitary sewer. All discharges to sanitary sewers must be permitted prior to discharge and must comply with the rules and regulations of the Metropolitan Sewer District of Greater Cincinnati. Discharges of pool water from private swimming pools into the MS4 must comply with state Water Quality Criteria for the protection of aquatic life, contained in Ohio Administrative Code 3745-1-07. Chlorinated pool water must sit for at least two days (48 hours) after the addition of chlorine, or until the chlorine level is below 0.1 milligrams per liter (mg/L). Chlorine can be tested using a standard pool chlorine test kit. The pH of the pool water, which is a measure of acidity, must neither be less than 6.5 nor greater than 8.5 prior to or during discharge.
(1) Whenever the city finds that a person has violated a prohibition or failed to meet a requirement of this section, the city may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:
(a) The performance of monitoring, analyses, and reporting,
(b) The elimination of illicit connections or discharges,
(c) That violating discharges, practices, or operations shall cease and desist,
(d) The abatement or remediation of illicit discharge or contamination hazards, and the restoration of any affected property, and
(e) Payment of a fine to cover administrative and remediation costs, and
(f) The implementation of control measures required by the city.
(2) If abatement of a violation and/or restoration of affected property is/are required, the notice shall set forth a deadline, based on the scope of the problem that requires correction, within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be accomplished by the city or a contractor and the expense thereof shall be charged to the violator.
(J) Appeal of notice of a violation. Any person receiving a notice of violation may appeal the determination of the issuing department. The notice of appeal must be received within ten working days from the date of the notice of violation. Hearing on the appeal before the Springdale Board of Health or their designee shall take place within 15 working days from the date of receipt of the notice of appeal. The decision of the Springdale Board of Health shall be a final decision and may be appealed to the Hamilton County Court of Common Pleas pursuant to R.C. Chapters 2505 and 2506.
(K) Enforcement measures after appeal. If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or in the event of an appeal, within 30 working days of the decision of the Springdale Board of Health, upholding the notice, then representatives of the city shall enter upon the subject premises and are 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 local authorized enforcement agency to enter upon the premises for the purposes set forth above.
(L) Cost of abatement of the violation. Within ten working days after abatement of the violation, the owner of the premises will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within 10 days. If the amount due is not paid within a timely manner as determined by the decision of the Springdale Board of Health or within 30 days of invoice, if no appeal is filed, or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment.
(M) Injunctive relief. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this section. If a person has violated or continues to violate the provision of this section, the city may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.
(N) 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 section is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored by the city at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.
(O) Penalty. Whoever violates or fails to comply with any provision of this section is guilty of a misdemeanor of the fourth degree and shall be fined not more than $250 or imprisoned not more than 30 days or both. Each day of a continuing violation shall constitute a separate offense.
(P) 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 city to seek cumulative remedies.
(Ord. 68-2006, passed 10-4-06)