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(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.)
(a) A storm water discharger who violates any of its own or the City's NPDES permit condition or limitation is subject to a civil penalty not to exceed twenty-five thousand dollars ($25,000) per day for each violation. A storm water discharger who violates any provision of this chapter but does not violate any NPDES permit condition or limitation is subject to a civil penalty not to exceed two thousand five hundred dollars ($2,500) per day for each violation.
(b) Construction sites failing to notify the Division of Environmental Services three days prior to commencement of construction activities shall be subject to a civil penalty not to exceed $100.
(c) In addition to the other penalties listed in this section, a storm water discharger who violates any provision of this chapter shall be liable to the City for any expense, loss or damage resulting from the cleaning, repair or replacement work caused by the violation.
(d) In addition to the other penalties listed in this section, a storm water discharger shall be liable for any fine or penalty incurred by the City caused by the storm water discharger's violation of this chapter.
(e) Any storm water discharger who must be monitored by the City for enforcement and/or compliance shall be liable for the associated costs.
(f) Enforcement remedies provided for in this chapter are not exclusive. The City may take all, or any combination of these actions against a party as well as any other enforcement deemed necessary.
(g) In addition to the penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions of this Chapter is a threat to the public health, safety and welfare, and is declared and deemed a nuisance, and may be summarily abated and/or restored by any authorized enforcement official, and/or civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken by the city attorney. The cost of such abatement and restoration shall be borne by the owner of the property. Cost recovery plus additional fees shall be assessed and shall be the responsibility of the property owner.
(h) If any violation of this Chapter constitutes a seasonal and recurrent nuisance, the City shall so declare it a public nuisance and pursue additional orders.
(i) Whenever an area of land, including but not limited to a construction site, is deemed a public nuisance and abatement of the violation does not occur, the Director or his designee may order any or all work to be immediately stopped. The stop work order will be in writing and directed to the person that appears to be doing the work and/or the property owner, unless the determination to stop work is made in the field. In this case stop work orders may be given orally and will be reduced to writing within 24 hours. The orders will state the specific work to be stopped, the specific reasons for the stoppage, and the conditions under which the work may be resumed. Violation of a stop work order constitutes a misdemeanor of the third degree, as defined in Chapter 5, General Offenses Code, Section 501.99.
(Ord. 607-07. Passed 10-2-07.)
(a) Any storm water discharger affected by a final action or order of the Director may request an administrative hearing within thirty days after notice of the Director's action. The appeal shall be in writing and shall set forth the action complained of and the grounds upon which the appeal is based. The filing of an appeal does not automatically suspend or stay execution of the appealed action.
(b) Upon the filing of an appeal, an administrative hearing officer shall set the time and place of the appeal hearing. At the hearing, the storm water discharger shall be provided the opportunity to present all relevant and material evidence on the matter raised on appeal, even though inadmissible under the rules of evidence applicable to judicial proceedings. The burden shall be upon the appellant to prove the Director's action was unreasonable or illegal.
(c) Within forty-five days following the hearing, the administrative hearing officer shall issue a written decision on the appeal setting forth findings of fact and conclusion of law. A copy of the report shall be mailed to the storm water discharger and any other parties to the appeal.
(d) The decision of the administrative hearing officer will be implemented immediately and constitute a final order of the City. The storm water discharger may appeal the decision to the Court of Common Pleas pursuant to the provisions of Ohio R.C. Chapter 2506.
(Ord. 139-95. Passed 3-14-95.)
The following discharges are exempt from this chapter:
(a) Any discharge or connection regulated under a NPDES permit issued to the discharger and administered by the Ohio EPA provided that the discharger is in compliance with all requirements of the permit and other applicable laws and regulations.
(b) Discharges from the following activities unless identified by the City of Toledo, or Ohio EPA as significant sources of pollutants to surface waters of the State:
(1) Waterline flushing;
(2) Landscape irrigation, irrigation, or lawn watering;
(3) Diverted stream flows;
(4) Rising ground waters;
(5) Uncontaminated ground water infiltration is defined in the City of Toledo's current NPDES permit as water other than wastewater that enters a sewer system, including sewer service connections and foundation drains, from the ground through such means as defective pipes, pipe joints, connections, or manholes. Infiltration does not include, and is distinguished from, inflow.
(6) Uncontaminated pumped ground water;
(7) Discharges from potable water sources;
(8) Foundation and footing drains;
(9) Air conditioning condensation;
(10) Water from crawl space pumps;
(11) Non-commercial vehicle washing;
(12) Flows from riparian habitats and wetlands;
(13) De-chlorinated swimming pool discharges;
(14) Street wash water;
(15) Discharges or flows from fire fighting and emergency response activities.
(Ord. 607-07. Passed 10-2-07.)
Any person engaging in activities, which will or may result in pollutants entering the City municipal storm sewer system shall undertake practical measures to reduce non-storm water pollutants to the maximum extent practicable.
(a) BMP's shall be maintained routinely throughout the life of the activity.
(b) The Director may require any person engaged in activities which may result in pollutant discharges to develop and implement a Storm Water Pollution Prevention Plan which may include but is not limited to an employee training program.
(c) No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed, left or maintained, any refuse, rubbish, garbage, or other discarded or abandoned objects, articles, and accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place, or upon any public or private lot of land in the City, so that such materials when exposed to storm water or any runoff become a pollutant in the municipal storm sewer system.
(d) No person shall dispose or cause the disposal of leaves, dirt, or other landscaping debris into the municipal storm sewer system.
(e) Persons owning or operating facilities, including but not limited to parking lots, gas station pavements or similar structures, shall clean those structures as frequently and thoroughly as practicable in a manner that does not result in discharge of pollutants to the City storm drain system. These facilities shall also employ effective measures to control pollutant runoff.
(Ord. 607-07. Passed 10-2-07.)
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