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A. The city engineer shall administer, implement, and enforce the provisions of this article.
B. With respect to the city's compliance with the NPDES phase II permit regulations, the city engineer may do the following in relation to illicit discharge detection and elimination:
1. Carry out all inspections, monitoring and enforcement procedures necessary to determine compliance with this article;
2. Administer the city's compliance with the NPDES MS4 permit to discharge storm water;
3. Create, promote, and distribute to citizens educational program materials related to storm water pollution prevention;
4. Investigate potential storm water pollution violations that are within the city limits on residential, commercial, industrial and city owned properties for the presence of illicit discharges as defined by this chapter that may contaminate storm water runoff;
5. Review and enforce remediation programs as required for properties where illicit discharge to the storm sewer system are found to exist;
6. Develop programs to control the discharge of pollutants, and the dumping or disposal of materials other than storm water (e.g., industrial and commercial waste, trash, motor vehicle fluids, yard waste, grass clippings, animal waste, etc.) into the MS4;
7. Acquire and authorize testing of water samples through field testing programs;
8. Audit city use of herbicides, fertilizers and pesticides to determine compliance with federal and state regulations and recommend alternative solutions where practicable for the reduction of the use of these items through education and outreach programs; and
9. Audit city department procedures to confirm that the city is in compliance with federal and state NPDES regulations and determine if the city has obtained, and is in compliance with, permits required by federal and state environmental laws. (Ord. 4762, 3-14-2005)
The following nonstorm water discharges are exempt from the discharge prohibitions of this article, unless a particular discharge has been determined to be a substantial contributor of pollutants to the MS4 and the discharge continues more than ten (10) days after delivery of written notice of such determination to the discharger:
A. Firefighting activities that are necessary due to an immediate danger to life or property;
B. Fire hydrant flushing;
C. Potable water sources;
D. Water line flushing;
E. Uncontaminated ground water;
F. Uncontaminated pumped ground water;
G. Crawl space pump water;
H. Natural springs;
I. Natural riparian habitat or wetland flows;
J. Irrigation water (except for wastewater irrigation);
K. Air conditioning condensation;
L. Exterior building wash water when no detergents or other surfactants are used;
M. Pavement wash waters where spills or leaks of toxic or hazardous materials have not occurred and when no detergents or other surfactants are used (unless all spilled material has been removed);
N. Diverted stream flows;
O. Storm sewer system cleaning water;
P. Residential or noncommercial washing of vehicles;
Q. Dechlorinated swimming pool discharge less than one ppm chlorine;
R. Residual street wash water;
S. Dechlorinated water from reservoir discharges;
T. Foundation or footing drains where flows are not contaminated with process materials such as solvents (not including active ground water dewatering systems);
U. Discharges specified in writing by the city engineer as being necessary to protect public health and safety of citizens;
V. Dye testing procedures (requires a verbal notification to the city engineer prior to the time of the test); and
W. Any other water source not containing pollutants, as approved by the city engineer. (Ord. 4762, 3-14-2005)
A. No person shall discharge or cause to be discharged into the MS4 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 storm water.
B. The construction, use, maintenance or continued existence of illicit connections to the MS4 is prohibited.
C. 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.
D. A person is considered to be in violation of this article if the person connects a line conveying a pollutant to the MS4, or allows such a connection to continue. The prohibition shall not apply to any nonstorm water discharge permitted under this article, an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the federal environmental protection agency; provided, that the discharger is in full compliance with all requirements of this article, the permit, waiver, or order and other applicable laws and regulations; and provided, that written approval has been granted for any discharge to the MS4. (Ord. 4762, 3-14-2005)
The following direct or indirect discharges into community waters, waters of the state or waters of the United States are, without limitation, examples of illicit discharges. This listing of discharges is not intended to be exhaustive, nor shall it be construed as such, but is illustrative only.
A. Sewage dumping or dumping of sewage sludge;
B. Chlorinated swimming pool discharge with chlorine concentrations greater that one ppm;
C. Discharge of any polluted household wastewater, such as, but not limited to, laundry wash water and dishwater, except to a sanitary sewer or septic system;
D. Leaking sanitary sewers and connections, which have remained uncorrected for a period of time as indicated in the NPDES permit issued to the city by the department;
E. Commercial, industrial or nonexempt public vehicle wash or power wash discharge;
F. Dead animals or animal fecal waste;
G. Nonstorm water discharges, except those allowed pursuant to a permit issued by IDNR;
H. Concrete truck wash water;
I. Dredged material from waterways;
J. Spoil material such as sediment runoff from construction sites;
K. Chemical waste;
L. Hazardous waste;
M. Runoff from discarded vehicles or equipment;
O. Garbage;
P. Rubbish;
Q. Yard waste;
R. Floatable materials; and
S. Any other item deemed a pollutant as designated by the city engineer. (Ord. 4762, 3-14-2005)
Every person owning property in the city through which a watercourse passes, or other responsible person, shall keep and maintain that part of the watercourse that is within their property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or other responsible person shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures shall not become a hazard to the use, function, or physical integrity of the watercourse. (Ord. 4762, 3-14-2005)
A. The city engineer may adopt requirements identifying best management practices (BMPs) for any activity, operation, or facility that may cause or contribute to pollution or contamination of storm water runoff in the MS4. Notwithstanding the preceding sentence, the requirements of this section shall not apply to any activity, operation, or facility that is subject to an NPDES permit that governs the storm water runoff or discharges of such activity, operation, or facility, except as may be necessary for the owner or operator to comply with requirements of the applicable NPDES permit.
B. The owner or operator of a nonresidential establishment shall provide, at his own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 or watercourses through the use of structural and nonstructural BMPs.
C. Any person responsible for a property or premises which is, or may be, the source of an illicit discharge may be required to implement, at said person's expense, additional structural and nonstructural BMPs to prevent the further discharge of pollutants to the MS4. Compliance, to the maximum extent practicable, with all terms and conditions of a valid NPDES permit authorizing the discharge of storm water associated with any activity, operation, or facility shall be deemed in compliance with the provisions of this section. Structural and nonstructural BMPs shall be part of a storm water pollution prevention plan (SWPPP) as necessary for compliance with requirements of an applicable NPDES permit. (Ord. 4762, 3-14-2005)
A. The city engineer may, without prior notice, suspend MS4 discharge rights to a person when such suspension is necessary to stop actual or threatened discharge that presents, or may present, imminent and substantial danger to the environment, health or welfare of persons, or to the MS4. If the violator fails to comply with a suspension order issued in an emergency, the city engineer may take such steps as are, in the discretion of the city engineer, deemed necessary to prevent or minimize damage to the MS4, or to minimize danger to persons.
B. A person violates this article if the person reinstates MS4 discharge to a premises terminated pursuant to this article, without the prior written approval of the city engineer. (Ord. 4762, 3-14-2005)
A. Any person discharging to the MS4 in violation of this article may have his MS4 discharge rights terminated if such termination would abate or reduce an illicit discharge. The city engineer shall notify a violator of the proposed termination of his MS4 discharge rights no less than thirty (30) days before the date of proposed termination. The violator may petition the city engineer for a reconsideration and hearing.
B. A person violates this article if the person reinstates MS4 discharge to a premises terminated pursuant to this article, without the prior written approval of the city engineer. (Ord. 4762, 3-14-2005)
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