941.01 Definitions.
941.02 Purpose and policy.
941.03 General prohibitions.
941.04 Spill control.
941.05 Reporting requirements.
941.06 Inspection, sampling and monitoring procedures.
941.07 Administration and enforcement.
941.08 Violation and enforcement costs.
941.09 Right to appeal.
941.10 Exemptions from discharge prohibitions.
941.11 Reduction of pollutants in storm water.
941.12 Construction activities.
941.13 Post construction.
CROSS REFERENCES
Prohibited discharges - see S.U. & P.S. 930.03
Storm water discharge control - see P. & Z. 1157.05
Any terms defined in the federal Clean Water Act and acts amendatory thereof or supplementary thereto, and/or defined in the regulations for the storm water discharge permitting program issued by the Environmental Protection Agency on November 16, 1990 (as may from time to time be amended) as used in this Chapter shall have the same meaning as in that statute or regulations. Specifically, the definition of the following terms included in that statute or regulations are hereby incorporated by reference, as now applicable or as may hereafter be amended: Discharge, Illicit Discharge, Pollutant, and Storm Water. These terms and other terms presently are defined as follows:
(a) "Acre" means a measurement of area equaling 43560 square feet.
(b) "Applicant" means the individual developer, owner, or operator indicated on the construction general permit as the person responsible for the implementation of erosion and sediment control on the development site.
(c) "Authorized Enforcement Agent" means the Director or his or her representatives authorized to enforce the provisions of this chapter.
(d) "Best Management Practices" (BMP's) means schedules of activities, prohibitions of practices, general housekeeping practices, pollution prevention practices, educational practices, maintenance procedures, and other management practices (both structural and non-structural) designed to reduce either directly or indirectly, the pollutant load in storm water runoff to the maximum extent practicable. They include but are not limited to structural BMP's such as detention basins or ponds, filter media barriers, vegetative stabilization, interceptor dikes/swales, spill containment and construction site drainage; and non-structural BMP's such as retaining natural vegetation, buffer zones, seeding, covering and general site housekeeping.
(e) "Channel" means a natural bed that conveys water or a ditch excavated for the flow of water.
(f) "City" means the City of Toledo.
(g) "Construction Activity" means activities such as, but not limited to, clearing, grading, or excavation resulting in soil disturbance.
(h) "Construction General Permit" means a permit issued by the State of Ohio, which outlines a set of provisions construction operators, must follow to comply with the requirements of the NPDES storm water regulations. The CGP covers any site one acre and above, including smaller sites that are part of a larger common plan of development or sale, and replaces and updates previous EPA permits. Operators of regulated construction sites are required to develop and implement Storm Water Pollution Prevention Plans and to obtain this permit coverage from Ohio EPA.
(i) "Construction Site" means projects such as residential, commercial or industrial developments, multi-story office buildings or highway interchanges which involve soil-disturbing activities.
(j) "Control" means to limit, discourage or terminate a non-storm water discharge to the municipal storm sewer system, as well as to require disclosure of information necessary to determine the content of the storm water discharge.
(k) "Director" means the Director of Public Utilities or his or her designee.
(l) "Discharge/Discharger" means the release, spill, leak, pump, flow, escape, dumping, or disposal of liquid, semi solid or solid substance to the municipal storm sewer system including creeks, ditches, culverts and gutters.
(m) "Disturbed Area" means an area of land subject to erosion due to the removal of vegetative cover and/or soil disturbing activities.
(n) "Ditch" means an excavated channel for the purpose of drainage or irrigation. A ditch may or may not be maintained by the City of Toledo.
(o) "Final Stabilization" means all soil disturbing activities at the site have been completed and a uniform perennial vegetative cover with a density of at least 80% coverage for the area has been established or equivalent stabilization measures, such as the use of mulches or geotextiles, have been employed.
(p) "Grading" means the excavating, filling, or stockpiling of earth material, or any combination thereof, including the land in its excavated or filled condition.
(q) "Illicit Discharge" means discharge of pollutants or non-storm water materials into the municipal storm sewer system via pipe, overland flow or other direct connection. An illicit discharge does not include discharges pursuant to a NPDES permit or those exempted by an NPDES permit.
(r) "Impervious" means that which does not allow infiltration.
(s) "Impervious Surface" means any man-made or modified surface that prevents or reduces the entry of water into the underlying soil, resulting in runoff from the surface in greater quantities and/or at an increased rate compared to natural conditions.
(t) "Industrial Facility" means any facility that is directly involved in manufacturing, processing, material storage and material handling, including but not limited to industrial plant yards, access roads and rail lines, refuse sites, loading docks and areas where such industrial activity has taken place in the past and significant materials remain and are exposed to storm water.
(u) "Municipal Storm Sewer System " means and includes but is not limited to facilities within the City of Toledo by which storm water is conveyed to waters of the United States. It includes municipal and natural facilities within the City of Toledo by which storm water may be conveyed to waters of the United States. It includes roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man made channels or storm drains.
(v) "National Pollutant Discharge Elimination System (NPDES)" means a permit issued by USEPA that authorizes discharges into waters of the United States and requires the reduction of pollutants in the discharge.
(w) "Non-Storm Water Discharge" means an accidental or intentional discharge of pollutants into the municipal storm sewer system. A non-storm water discharge may include, but is not limited to, construction site runoff, spills, or accidental releases.
(x) "Person" means any individual, firm, company, association, society, corporation, group or government body.
(y) "Pollutant" means any substance that contaminates air, water or soil. Pollutants can be artificial substances or naturally occurring, and also include substances defined in section 502(6) of the Federal Clean Water Act. Pollutants may include, but are not limited to: commercial and industrial waste, metals, petroleum hydrocarbons, excessive eroded soil, sediment, and particulate materials, animal wastes, and substances having characteristics such as pH less than 7 or greater than 9, unusual coloration or turbidity, excessive levels of fecal coliform.
(z) "Receiving Waters" means surfaces bodies of water which serve as discharge points for the storm water conveyance system including but not limited to creeks, rivers, reservoirs, lakes lagoons, estuaries, harbors, and bays.
(aa) "Storm Drain" means part of the storm water conveyance system, including but not limited to, a conduit, pipe, a human made structure that serves to transport storm water runoff to the receiving waters.
(bb) "Storm Water" means storm water runoff, snowmelt runoff and surface runoff and drainage.
(cc) "Storm Water Discharger" means any construction site, industrial facility or person who owns or controls personal property or equipment that discharges, who personally discharges or who owns or controls real property where discharges occur to the municipal storm sewer system.
(dd) "Storm Water Pollution Prevention Plan (SWPPP or SWP3)" means a plan required by and for which the contents are specified by Ohio EPA for storm water discharges associated with industrial activities or construction activities.
(ee) "Storm Water Treatment Facility" means a device installed or constructed to reduce or control storm water peak runoff rates or to reduce storm water contaminants. These facilities include, but are not limited to the construction of vegetated channels, grass filter strips, detention ponds, retention ponds, infiltration devices, wetlands, oil/water separators, catch basin screens or filters.
(Ord. 607-07. Passed 10-2-07.)
(a) The purpose of this chapter is to ensure the health, safety, and general welfare of the citizens of Toledo by controlling non-storm water discharges to the storm water conveyance system, eliminating spills, dumping and disposal of materials other than storm water, and reducing pollutants in urban storm water discharges to the maximum extent practicable.
(b) The objectives of this chapter include but are not limited to:
(1) To control the contribution of pollutants into the City's municipal storm sewers system by storm water discharges associated with industrial activity and the quality of storm water discharged from sites of industrial activity.
(2) To prohibit illicit discharges to the municipal storm sewers system.
(3) To control discharges to the municipal storm sewers system of spills, dumping, or disposal of materials other than storm water.
(4) To control discharges to the municipal storm sewers system of storm water runoff from construction sites and commercial and/or residential sites.
(5) To provide the authority to carry out inspection, surveillance and monitoring procedures.
(c) This chapter provides for the regulation of discharges to the City's municipal storm sewer system through the enforcement of the provisions of this Chapter and the rules and regulations promulgated by the United States and Ohio Environmental Protection Agencies. The Director of Public Utilities shall be responsible for the administration and enforcement of provisions of this Chapter.
(d) This Chapter provides for the incorporation of the provisions of the Code of Federal Regulations, Title 40 - Protection of Environment, Part 122 - EPA Administered Permit Programs; the National Pollutant Discharge Elimination System, Section 26 - Storm Water Discharges, commonly referred to as 40 CFR 122.26.
(Ord. 607-07. Passed 10-2-07.)
(a) No person, site or facility shall discharge, cause, permit, or contribute to the discharge of any of the following to the municipal storm sewer system or receiving waters except where approved by the Director and Ohio EPA:
(1) Any liquid, solid, or gas which by reason of its nature or quantity are flammable, reactive, explosive, corrosive, or radioactive or by interaction with other materials could result in fire, explosion or injury;
(2) Any solid or viscous materials that could cause obstruction to the flow or operation of the municipal storm sewer system;
(3) Any pollutant that injures or constitutes a hazard to human, animal, plant, or fish life, or creates a public nuisance;
(4) Any medicinal, infectious, toxic, or hazardous material or waste.
(b) No person, site or facility shall discharge into or connect any pipe or channel to a watercourse or modify the natural flow of water in a watercourse unless a written permit has first been obtained from the Director.
(c) No person, site or facility responsible for new development, significant redevelopment or construction sites shall fail to use Best Management Practices, acceptable to the City, to control the discharge of pollutants in storm water runoff to the municipal storm sewer system.
(d) No political subdivision or any person subject to the authority of a political subdivision that discharges, contributes or allows the discharge or contribution of storm water directly or indirectly to the municipal storm sewer system or storm water drainage systems of Toledo shall fail to use Best Management Practices, acceptable to Toledo, to control the discharge of pollutants and volume of flow in such discharges.
(e) No person, site or facility shall permit any discharge that would result in or contribute to a violation of NPDES Permit Number 2PI00003*BD, or subsequent renewals of this permit which are on file in the Division of Environmental Services and Ohio EPA.
(Ord. 607-07. Passed 10-2-07.)
(a) Any person owning or occupying a premises who has knowledge of any significant release of pollutants or non-storm water discharges from those premises, which enters or poses a threat to enter the municipal storm sewer system shall immediately take all reasonable action to contain the release and minimize any non-storm water discharge.
(b) It is prohibited to establish, use, maintain, or continue to access illicit discharge drainage connections to the municipal storm sewer system. This prohibition applies to connections made in the past, regardless of whether made under a prior permit or whether permissible under the law or practices at the time of the connection.
(c) No person, site or facility shall spill, dump, dispose or permit to be spilled, dumped, or disposed into the municipal storm sewer system any materials or substance not composed entirely of storm water, except discharges pursuant to an NPDES permit.
(Ord. 607-07. Passed 10-2-07.)
(a) Dischargers of storm water associated with industrial facilities shall file the following information with the Director:
(1) Name, address and phone number of industrial site.
(2) Location of discharge point.
(3) Description of product or service provided.
(4) Standard Industrial Classification (SIC) code.
(5) Existing NPDES permits.
(b) Existing storm water dischargers who propose to modify their storm drainage systems shall file a request to modify the same with the Director at least 90 days before such modification.
(c) New developments, significant redevelopment sites and proposed construction sites shall include a storm water pollution control plan with the site drawings submitted to the City for Planning Commission and/or construction permit approval.
(d) Upon an accidental release or spill resulting in a prohibited discharge to a municipal storm sewer, the storm water discharger shall immediately notify the Director of the incident by telephone.
(Ord. 139-95. Passed 3-14-95.)
The Director may inspect any construction site, industrial facility or other premises required to comply with the provisions of this chapter to determine compliance with the rules, regulations and standards of the Director. The storm water discharger shall allow the Director or his representatives to enter upon the premises of the discharger at all reasonable hours for the inspection, sampling and the examination and copying of records. The Director shall have the right to place or cause to be placed upon the storm water discharger's property such devices as are necessary to conduct sampling, inspection and compliance monitoring. The City, at its option, may require the storm water discharger to conduct the storm water sampling.
(Ord. 139-95. Passed 3-14-95.)
(a) Upon discovery of a violation of any provision of this chapter or any state or federal law or regulation governing storm water, the Director shall serve a notice of violation upon the violator. The notice shall identify the specific violation, the applicable law or regulation, the possible penalties for noncompliance, and a recommendation for remedial action.
(b) Upon receipt of the notice of violation, the violator shall have three (3) calendar days to abate the violation, with the exception of emergencies as addressed in (f) below.
(c) Upon receipt of the notice of violation, the violator shall have seven (7) calendar days to respond in writing to the violation.
(d) The Director may request persons engaging in activity and/or owning a facility, which may cause or contribute to storm water pollution or contamination, illicit discharges, and/or discharge of non-storm water to the municipal storm sewer system to perform monitoring activities and/or analyses and furnish such reports as needed. This may include the installation of sampling devices or requiring the owner or person occupying the premises to supply samples.
(e) When the time period for response and remedy has elapsed, and the violator has taken no or insufficient action, the Director may issue findings and orders to the violator. Such findings and orders shall state the basis for the Director's action, include a mandatory program for remedial action and identify the penalties that will be assessed for past and future noncompliance. For purposes of appeal, the findings and orders issued by the Director shall constitute a final order.
(f) In the event the Director has reasonable cause to determine that the situation, the property or the actions of any violator constitute an emergency requiring immediate action to protect the public health, safety or property, the Director shall take the immediate and necessary action to abate and eliminate the violation.
(Ord. 607-07. Passed 10-2-07.)
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