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§ 53.03 APPLICABILITY.
   This chapter shall apply to all discharges, including illicit and illegal discharges, entering the MS4 that was generated on any developed and undeveloped lands, unless explicitly exempted by the authorized enforcement agency.
(BC Ord. 2006-13, passed 7-26-06; Am BC Ord. 2024-06, passed 5-13-24)
§ 53.04 RESPONSIBILITY FOR ADMINISTRATION.
   The Department of Stormwater Management shall administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon the Department of Stormwater Management as the authorized enforcement agency may be delegated by the Board to persons or entities acting in the beneficial interest or in the employ of the authorized enforcement agency.
(BC Ord. 2006-13, passed 7-26-06; Am BC Ord. 2024-06, passed 5-13-24)
§ 53.05 INTERPRETATION.
   Words and phrases in this chapter shall be construed according to then common and accepted meanings, except that words and phrases defined in § 53.02 shall be construed according to the respective definitions given in that section. Technical words and phrases that are not defined in this chapter, but which have acquired particular meanings in law or in technical usage, shall be construed according to such meanings.
(BC Ord. 2024-06, passed 5-13-24)
§ 53.06 DISCHARGE PROHIBITIONS.
   (A)   Prohibition of illegal discharges.
      (1)   No person shall discharge or cause to be discharged into a MS4 conveyance, waterbodies, or watercourses, directly or indirectly, any materials, including, but not limited to, pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than stormwater.
      (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 chapter: water line and hydrant flushing for maintenance; irrigation water; uncontaminated pumped ground water; uncontaminated foundation, footing, and crawl space drains; fire suppression activities; uncontaminated excess storm sewer cleaning water not collected by a vacuum truck; residential car washing; non-commercial washing of vehicles by community organizations; external building wash down without detergents; uncontaminated condensate from air conditioning units, coolers, and other compressors, and from outside storage of refrigerated gases or liquids; springs; dechlorinated/debrominated residential swimming pool discharges; pavement wash waters provided spills or leaks of toxic or hazardous materials have not occurred (unless all spilled material has been removed) and where detergents are not used; and uncontaminated ground water infiltration (as defined in 40 CFR 35.2005(20)).
         (b)   Discharges specified in writing by the authorized enforcement agency as being necessary to protect public health and safety.
         (c)   Dye testing is an allowable discharge, but requires a verbal notification to the authorized enforcement agency prior to the time of the test.
         (d)   The prohibition shall not apply to any non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the EPA or IDEM, provided the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided written approval has been granted for any discharge to the storm drain system.
   (B)   Prohibition of illicit connections.
      (1)   The construction, use, maintenance or continued existence of illicit connections to the MS4 is prohibited.
      (2)   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.
      (3)   A person shall be in violation of this chapter if the person connects a line conveying
sewage to the MS4, or allows such a connection to continue.
(BC Ord. 2006-13, passed 7-26-06; Am BC Ord. 2024-06, passed 5-13-24) Penalty, see § 53.99
§ 53.07 SUSPENSION OF MS4 SYSTEM ACCESS.
   (A)   Suspension due to illicit discharges in emergency situations.
      (1)   The Board may, without prior notice, suspend MS4 discharge access to a person when it is necessary to stop an actual or threatened discharge, which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or waters of the state or United States.
      (2)   If the violator fails to comply with a suspension order issued in an emergency, the authorized enforcement agency may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the state or United States, or to minimize danger to persons.
   (B)   Suspension due to the detection of elicit discharge.
      (1)   Any person discharging to the MS4 in violation of this chapter may have their MS4 access terminated if it would abate or reduce an illicit discharge.
      (2)   The authorized enforcement agency will notify in writing a violator of the proposed termination of its MS4 access.
      (3)   The violator may petition the Board for a reconsideration and hearing within days of receiving written notice of a violation.
      (4)   A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this section, without the prior approval of the authorized enforcement agency.
(BC Ord. 2006-13, passed 7-26-06; Am BC Ord. 2024-06, passed 5-13-24) Penalty, see § 53.99
§ 53.08 INDUSTRIAL OR CONSTRUCTION ACTIVITY DISCHARGES.
   Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of that permit. Proof of compliance with the permit may be required in a form acceptable to the authorized enforcement agency prior to the allowing of discharges to the MS4.
(BC Ord. 2006-13, passed 7-26-06; Am BC Ord. 2024-06, passed 5-13-24)
§ 53.09 DISCHARGE INSPECTIONS AND MONITORING.
   (A)   Inspection and monitoring. The authorized enforcement agency has the authority to periodically inspect any portion of the MS4, whether publicly or privately owned, to detect and eliminate illicit connections and discharges into the MS4. The inspection may include dry weather screening of discharges from outfalls connected to the MS4 to determine if prohibited flows are being conveyed into the MS4. It could also include spot testing of waters contained in the MS4 itself to detect the introduction of pollutants into the MS4 by means other than a defined outfall, such as dumping or contaminated sheet runoff.
   (B)   Access to facilities.
      (1)   The authorized enforcement agency, or a representative thereof, shall be permitted to enter and inspect facilities subject to regulation under this chapter as often as may be necessary to determine compliance with this chapter. If a discharger has security measures in force, which require properidentification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the authorized enforcement agency.
      (2)   Persons shall allow the authorized enforcement agency 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 an NPDES permit to discharge stormwater, and the performance of any additional duties as defined by state and federal law.
      (3)   The authorized enforcement agency shall have the right to set up on any permitted facility such devices as are necessary, in the opinion of the authorized enforcement agency, to conduct monitoring and/or sampling of the facility's stormwater discharge.
      (4)   The authorized enforcement agency may require the discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.
      (5)   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 authorized enforcement agency, and shall not be replaced. The costs of clearing such access shall be borne by the operator.
      (6)   Any obstruction delays in allowing the authorized enforcement agency access to a permitted facility is a violation of a stormwater discharge permit and of this chapter.
      (7)   A person who is the operator of a facility with a NPDES permit to discharge stormwater associated with industrial activity commits an offense if the person denies the authorized enforcement agency reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this chapter.
      (8)   If the authorized enforcement agency has been refused access to any part of the premises from which stormwater is discharged, and he or she is able to demonstrate probable cause to believe that there may be a violation of this chapter, 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 chapter, or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the authorized enforcement agency may seek issuance of a search warrant from any court of competent jurisdiction.
(BC Ord. 2006-13, passed 7-26- 06; Am BC Ord. 2024-06, passed 5-13-24) Penalty, see § 53.99
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