1021.01 Purpose and Scope
1021.02 Applicability
1021.03 Definitions
1021.04 No Waiver of Liability
1021.05 Conflicts; Severability; Nuisances and Responsibility
1021.06 Responsibility for Administration
1021.07 Discharge and Connection Prohibitions
1021.08 Monitoring of Illicit Discharges and Illegal Connections
1021.09 Enforcement and Penalties
1021.10 Penalties not Exclusive
CROSS REFERENCES
Stormwater Management Utility - see S.U.&P.S. CH. 1020
(a) Purpose. The purpose of these regulations is to provide for the health, safety and general welfare of the citizens of the City of Xenia through the regulation of illicit discharges to the municipal stormwater sewer system (MS4). These regulations establish methods for controlling the introduction of pollutants into the stormwater system in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process, as required by the Ohio Environmental Protection Agency (Ohio EPA).
(b) Scope. The objectives of these regulations are to prohibit illicit discharges and illegal connections to the MS4 and to establish legal authority to carry out inspections, monitoring procedures and enforcement actions necessary to ensure compliance with these regulations.
(Ord. 2020-24. Adopted 09/10/20; Ord. 2023-38. Adopted 12/28/23; Em. Ord. 2024-01. Adopted 02/08/24; Ord. 2024-02. Adopted 02/22/24)
These regulations shall apply to all residential, commercial, industrial and/or institutional facilities responsible for discharges to the MS4 and any other lands within the corporate limits of the City of Xenia that discharge to the MS4; excepting those discharges generated by activities detailed in Section 1021.07(a)(1) to (a)(3) of this Chapter.
(Ord. 2020-24. Adopted 09/10/20; Ord. 2023-38. Adopted 12/28/23; Em. Ord. 2024-01. Adopted 02/08/24; Ord. 2024-02. Adopted 02/22/24)
The words and terms used in this Chapter, unless otherwise expressly stated, shall have the following meaning:
(a) Best Management Practices (BMPs). Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants to stormwater. BMPs also include treatment practices and operating procedures and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw material storage.
(b) City or Community. The City of Xenia, Ohio, its officers, employees, designated representatives, boards and commissions.
(c) CFR. The Code of Federal Regulations and any amendments thereto.
(d) Environmental Protection Agency (EPA). The United States EPA and/or the State of Ohio EPA, or any duly authorized official of said agencies.
(e) Floatable Material. In general, this term means any foreign matter that may float or remain suspended in the water column and includes, but is not limited to, plastic, aluminum cans, wood products, bottles, and paper products.
(f) Hazardous Material. Any material including any substance, waste or combination thereof, which because of its quantity, concentration or physical, chemical or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
(g) Illicit Discharge. As defined in 40 CFR 122.26 (b)(2), illicit discharge means any discharge to an MS4 that is not composed entirely of stormwater; except for those discharges to an MS4 pursuant to a NPDES permit or as otherwise noted in Section 1021.07
of this Chapter.
(h) Illegal Connection. Any drain or conveyance, whether on the surface or subsurface, that allows an illicit discharge to enter the MS4.
(i) Municipal (Separate) Stormwater Sewer System (MS4). As defined in 40 CFR 122.26(b)(8), a municipal separate stormwater sewer system means a conveyance or system of conveyances, including roads with drainage systems, municipal street, catch basins, curbs, gutters, ditches, man-made channels or storm drains that is:
(1) Owned or operated by a state, city, town, borough, county, parish, district, municipality, township, district, association or other public body that was created by, or pursuant to, state law and that has jurisdiction over sewage and/or industrial wastes, including special districts under state law such as a sewer district or similar entity, or a Native American tribe or an authorized Native American tribal organization, or a designated and approved management agency under Section 208 of the Clean Water Act that discharge to waters of the United States;
(2) Designed or used for collecting or conveying stormwater;
(3) Not a combined sewer; and
(4) Not part of a Publicly Owned Treatment Works (POTW), as defined in 40 CFR 122.2.
(j) National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit. A permit issued by the EPA, or by a state under authority delegated pursuant to 33 USC 1342(b), that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable to an individual, group or general area-wide basis.
(k) Off-Lot Discharging Home Sewage Treatment System. A system designed to treat home sewage on-site and discharge treated wastewater effluent off of the property into a stormwater or surface water conveyance or system.
(l) Owner/Operator. Any individual, agent, firm, association, organization, corporation, or partnership or other entity recognized by law that alone, jointly, or severally with others:
(1) Has legal or equitable title to any premises, building, structure, dwelling or dwelling unit, with or without accompanying actual possession thereof; or
(2) Has charge, care or control of any premises, building, structure, dwelling or dwelling unit, as agent of the owner or as executor, administrator, trustee or guardian of the estate of the beneficial owner.
The person(s) shown on the records of the Greene County Recorder to be the owner(s) of a particular property shall be presumed to be the person(s) in control of that property.
(m) Pollutant. Anything that causes or contributes to pollution. Pollutants may include, but are not limited to, paints, varnishes, solvents, oil and other automotive fluids, non-hazardous liquid and solid wastes, yard wastes, refuse, rubbish, garbage, litter or other discarded or abandoned objects, floatable materials, pesticides, herbicides, fertilizers, hazardous materials, wastes, sewage, dissolved and particulate metals, animal wastes, residues that result from constructing a structure and noxious or offensive matter of any kind.
(n) Premises. A lot, plot or parcel of land with its appurtenances, building, dwellings and/or structures thereon, and including any yards.
(o) Stormwater. Any surface flow, runoff and/or drainage consisting entirely of water from any form of natural precipitation that results from such precipitation.
(p) USC. The United States Code and any subsequent amendments thereto.
(q) Wastewater. The spent water of a community. From the standpoint of a source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions.
(Ord. 2020-24. Adopted 09/10/20; Ord. 2023-38. Adopted 12/28/23; Em. Ord. 2024-01. Adopted 02/08/24; Ord. 2024-02. Adopted 02/22/24)
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