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Section I. Purpose/Intent.
The purpose of this ordinance is to provide for the health,
safety, and general welfare of the citizens of (_____) through the regulation
of non-storm water discharges to the storm drainage system to the maximum
extent practicable as required by federal and state law. This ordinance
establishes methods for controlling the introduction of pollutants into
the municipal separate storm sewer system (MS4) in order to comply with
requirements of the National Pollutant Discharge Elimination System (NPDES)
permit process. The objectives of this ordinance are:
- To regulate the contribution of pollutants to the municipal separate
storm sewer system (MS4) by stormwater discharges by any user
- To prohibit Illicit Connections and Discharges to the municipal
separate storm sewer system
- To establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
ordinance
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Section II. Definitions.
For the purposes of this ordinance, the following shall
mean:
Authorized Enforcement Agency. employees or designees
of the director of the municipal agency designated to enforce this ordinance.
Best Management Practices (BMPs). schedules of activities,
prohibitions of practices, general good house keeping practices, pollution
prevention and educational practices, maintenance procedures, and other
management practices to prevent or reduce the discharge of pollutants
directly or indirectly to stormwater, receiving waters, or stormwater
conveyance systems. BMPs also include treatment practices, operating procedures,
and practices to control site runoff, spillage or leaks, sludge or water
disposal, or drainage from raw materials storage.
Clean Water Act. The federal Water Pollution Control
Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.
Construction Activity. Activities subject to NPDES
Construction Permits. Currently these include construction projects resulting in
land disturbance of 5 acres or more. Beginning in March 2003, NPDES Storm Water Phase II permits will be required for construction projects resulting in land disturbance of 1 acre or more. Such activities include but are not
limited to clearing and grubbing, grading, excavating, and demolition.
Hazardous Materials. 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.
Illegal Discharge. Any direct or indirect non-storm
water discharge to the storm drain system, except as exempted in Section
X of this ordinance.
Illicit Connections. An illicit connection is defined
as either of the following: Any drain or conveyance, whether on the surface
or subsurface, which allows an illegal discharge to enter the storm drain
system including but not limited to any conveyances which allow any non-storm
water discharge including sewage, process wastewater, and wash water to
enter the storm drain system and any connections to the storm drain system
from indoor drains and sinks, regardless of whether said drain or connection
had been previously allowed, permitted, or approved by an authorized enforcement
agency or, Any drain or conveyance connected from a commercial or industrial
land use to the storm drain system which has not been documented in plans,
maps, or equivalent records and approved by an authorized enforcement
agency.
Industrial Activity. Activities subject to NPDES
Industrial Permits as defined in 40 CFR, Section 122.26 (b)(14).
National Pollutant Discharge Elimination System (NPDES)
Storm Water Discharge Permit. means a permit issued by 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 on an individual, group, or general area-wide basis.
Non-Storm Water Discharge. Any discharge to the
storm drain system that is not composed entirely of storm water.
Person. means any individual, association, organization,
partnership, firm, corporation or other entity recognized by law and acting
as either the owner or as the owner's agent.
Pollutant. Anything which causes or contributes to
pollution. Pollutants may include, but are not limited to: paints, varnishes,
and solvents; oil and other automotive fluids; non-hazardous liquid and
solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other
discarded or abandoned objects, ordinances, and accumulations, so that
same may cause or contribute to pollution; floatables; pesticides, herbicides,
and fertilizers; hazardous substances and wastes; sewage, fecal coliform
and pathogens; dissolved and particulate metals; animal wastes; wastes
and residues that result from constructing a building or structure; and
noxious or offensive matter of any kind.
Premises. Any building, lot, parcel of land, or portion
of land whether improved or unimproved including adjacent sidewalks and
parking strips.
Storm Drainage System. Publicly-owned facilities
by which storm water is collected and/or conveyed, including but not limited
to any roads with drainage systems, municipal streets, gutters, curbs,
inlets, piped storm drains, pumping facilities, retention and detention
basins, natural and human-made or altered drainage channels, reservoirs,
and other drainage structures.
Storm Water. Any surface flow, runoff, and drainage
consisting entirely of water from any form of natural precipitation, and
resulting from such precipitation.
Stormwater Pollution Prevention Plan.A document
which describes the Best Management Practices and activities to be implemented
by a person or business to identify sources of pollution or contamination
at a site and the actions to eliminate or reduce pollutant discharges
to Stormwater, Stormwater Conveyance Systems, and/or Receiving Waters
to the Maximum Extent Practicable.
Wastewater. Any water or other liquid, other
than uncontaminated storm water, discharged from a facility.
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Section III. Applicability.
This ordinance shall apply to all water entering the storm
drain system generated on any developed and undeveloped lands unless explicitly
exempted by an authorized enforcement agency.
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Section IV. Responsibility for Administration.
The ______ [authorized enforcement agency] shall administer,
implement, and enforce the provisions of this ordinance. Any powers granted
or duties imposed upon the authorized enforcement agency may be delegated
in writing by the Director of the authorized enforcement agency to persons
or entities acting in the beneficial interest of or in the employ of the
agency.
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Section V. Severability.
The provisions of this ordinance are hereby declared to
be severable. If any provision, clause, sentence, or paragraph of this
Ordinance or the application thereof to any person, establishment, or
circumstances shall be held invalid, such invalidity shall not affect
the other provisions or application of this Ordinance.
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Section VI. Ultimate Responsibility.
The standards set forth herein and promulgated pursuant
to this ordinance are minimum standards; therefore this ordinance does
not intend nor imply that compliance by any person will ensure that there
will be no contamination, pollution, nor unauthorized discharge of pollutants.
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Section VII. Discharge Prohibitions.
Prohibition of Illegal Discharges.
No person shall discharge or cause to be discharged into the municipal
storm drain system or watercourses 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.
The commencement, conduct or continuance of any illegal
discharge to the storm drain system is prohibited except as described
as follows:
- The following discharges are exempt from discharge prohibitions
established by this ordinance: water line flushing or other potable
water sources, landscape irrigation or lawn watering, diverted stream
flows, rising ground water, ground water infiltration to storm drains,
uncontaminated pumped ground water, foundation or footing drains (not
including active groundwater dewatering systems), crawl space pumps,
air conditioning condensation, springs, non-commercial washing of
vehicles, natural riparian habitat or wet-land flows, swimming pools
(if dechlorinated - typically less than one PPM chlorine), fire fighting
activities, and any other water source not containing Pollutants.
- Discharges specified in writing by the authorized enforcement agency
as being necessary to protect public health and safety.
- Dye testing is an allowable discharge, but requires a verbal notification
to the authorized enforcement agency prior to the time of the test.
- The prohibition shall not apply to any non-storm water discharge
permitted under 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 the permit, waiver,
or order and other applicable laws and regulations, and provided that
written approval has been granted for any discharge to the storm drain
system.
Prohibition of Illicit Connections.
- The construction, use, maintenance or continued existence of illicit
connections to the storm drain system is prohibited.
- 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.
- A person is considered to be in violation of this ordinance if
the person connects a line conveying sewage to the MS4, or allows
such a connection to continue.
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Section VIII. Suspension of MS4 Access.
Suspension due to Illicit Discharges in Emergency Situations.
The ___________ [authorized enforcement agency] may, without prior notice,
suspend MS4 discharge access to a person when such suspension 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 United States. 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 United States,
or to minimize danger to persons.
Suspension due to the Detection of Illicit Discharge.
Any person discharging to the MS4 in violation of this ordinance may have
their MS4 access terminated if such termination would abate or reduce
an illicit discharge. The authorized enforcement agency will notify a
violator of the proposed termination of its MS4 access. The violator may
petition the authorized enforcement agency for a reconsideration and hearing.
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.
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Section IX. Industrial or Construction Activity Discharges.
Any person subject to an industrial or construction activity
NPDES storm water discharge permit shall comply with all provisions of
such permit. Proof of compliance with said permit may be required in a
form acceptable to the __________ [authorized enforcement agency] prior
to the allowing of discharges to the MS4.
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Section X. Monitoring of Discharges.
A. Applicability.
This section applies to all facilities that have storm water
discharges associated with industrial activity, including construction
activity.
B. Access to Facilities.
- The ___________ [authorized enforcement agency] shall be permitted
to enter and inspect facilities subject to regulation under this ordinance
as often as may be necessary to determine compliance with this ordinance.
If a discharger has security measures in force which require proper
identification and clearance before entry into its premises, the discharger
shall make the necessary arrangements to allow access to representatives
of the authorized enforcement agency.
- Facility operators 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 storm
water, and the performance of any additional duties as defined by
state and federal law.
- 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 storm water discharge.
- The _____________ [authorized enforcement agency] has the right
to 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.
- 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.
- Unreasonable delays in allowing the _____________ [authorized enforcement
agency] access to a permitted facility is a violation of a storm water
discharge permit and of this ordinance. A person who is the operator
of a facility with a NPDES permit to discharge storm water 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 ordinance.
- If the _____________ [authorized enforcement agency] has been refused
access to any part of the premises from which stormwater is discharged,
and he/she is able to demonstrate probable cause to believe that there
may be a violation of this ordinance, 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 ordinance 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.
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Section XI. Requirements to Prevent, Control,
and Reduce Storm Water Pollutants by the Use of Best Management Practices.
__________ [Authorized enforcement agency] will adopt requirements
identifying Best Management Practices for any activity, operation, or
facility which may cause or contribute to pollution or contamination of
storm water, the storm drain system, or waters of the U.S. The owner or
operator of a commercial or industrial establishment shall provide, at
their own expense, reasonable protection from accidental discharge of
prohibited materials or other wastes into the municipal storm drain system
or watercourses through the use of these structural and non-structural
BMPs. Further, any person responsible for a property or premise, which
is, or may be, the source of an illicit discharge, may be required to
implement, at said person's expense, additional structural and non-structural
BMPs to prevent the further discharge of pollutants to the municipal separate
storm sewer system. Compliance with all terms and conditions of a valid
NPDES permit authorizing the discharge of storm water associated with
industrial activity, to the extent practicable, shall be deemed compliance
with the provisions of this section. These BMPs shall be part of a stormwater
pollution prevention plan (SWPPP) as necessary for compliance with requirements
of the NPDES permit.
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Section XII. Watercourse Protection.
Every person owning property through which a watercourse
passes, or such person's lessee, shall keep and maintain that part of
the watercourse within the 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 lessee shall maintain existing privately owned structures within or
adjacent to a watercourse, so that such structures will not become a hazard
to the use, function, or physical integrity of the watercourse.
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Section XIII. Notification of Spills.
Notwithstanding other requirements of law, as soon as any
person responsible for a facility or operation, or responsible for emergency
response for a facility or operation has information of any known or suspected
release of materials which are resulting or may result in illegal discharges
or pollutants discharging into storm water, the storm drain system, or
water of the U.S. said person shall take all necessary steps to ensure
the discovery, containment, and cleanup of such release. In the event
of such a release of hazardous materials said person shall immediately
notify emergency response agencies of the occurrence via emergency dispatch
services. In the event of a release of non-hazardous materials, said person
shall notify the authorized enforcement agency in person or by phone or
facsimile no later than the next business day. Notifications in person
or by phone shall be confirmed by written notice addressed and mailed
to the ____________________ [authorized enforcement agency] within three
business days of the phone notice. If the discharge of prohibited materials
emanates from a commercial or industrial establishment, the owner or operator
of such establishment shall also retain an on-site written record of the
discharge and the actions taken to prevent its recurrence. Such records
shall be retained for at least three years.
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Section XIV. Enforcement.
A. Notice of Violation.
Whenever the _________ [authorized enforcement agency] finds
that a person has violated a prohibition or failed to meet a requirement
of this Ordinance, the authorized enforcement agency may order compliance
by written notice of violation to the responsible person. Such notice
may require without limitation:
- The performance of monitoring, analyses, and reporting;
- The elimination of illicit connections or discharges;
- That violating discharges, practices, or operations shall cease
and desist;
- The abatement or remediation of storm water pollution or contamination
hazards and the restoration of any affected property; and
- Payment of a fine to cover administrative and remediation costs;
and
- The implementation of source control or treatment BMPs.
If abatement of a violation and/or restoration of affected
property is required, the notice shall set forth a deadline within which
such remediation or restoration must be completed. Said notice shall further
advise that, should the violator fail to remediate or restore within the
established deadline, the work will be done by a designated governmental
agency or a contractor and the expense thereof shall be charged to the
violator.
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Section XV. Appeal of Notice of Violation.
Any person receiving a Notice of Violation may appeal the
determination of the authorized enforcement agency. The notice of appeal
must be received within days from the date of the Notice of Violation.
Hearing on the appeal before the appropriate authority or his/her designee
shall take place within 15 days from the date of receipt of the notice
of appeal. The decision of the municipal authority or their designee shall
be final.
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Section XVI. Enforcement Measures After Appeal.
If the violation has not been corrected pursuant to the
requirements set forth in the Notice of Violation, or, in the event of
an appeal, __ within days of the decision of the municipal authority upholding
the decision of the authorized enforcement agency, then representatives
of the authorized enforcement agency shall enter upon the subject private
property and are authorized to take any and all measures necessary to
abate the violation and/or restore the property. It shall be unlawful
for any person, owner, agent or person in possession of any premises to
refuse to allow the government agency or designated contractor to enter
upon the premises for the purposes set forth above.
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Section XVII. Cost of Abatement of the Violation.
Within __ days after abatement of the violation, the owner
of the property will be notified of the cost of abatement, including administrative
costs. The property owner may file a written protest objecting to the
amount of the assessment within __ days. If the amount due is not paid
within a timely manner as determined by the decision of the municipal
authority or by the expiration of the time in which to file an appeal,
the charges shall become a special assessment against the property and
shall constitute a lien on the property for the amount of the assessment.
Any person violating any of the provisions of this article shall become
liable to the city by reason of such violation. The liability shall be
paid in not more than 12 equal payments. Interest at the rate of percent
per annum shall be assessed on the balance beginning on the __ st day
following discovery of the violation.
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Section XVIII. Injunctive Relief.
It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this Ordinance. If a
person has violated or continues to violate the provisions of this ordinance,
the authorized enforcement agency may petition for a preliminary or permanent
injunction restraining the person from activities which would create further
violations or compelling the person to perform abatement or remediation
of the violation.
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Section XIX. Appeal of Notice of Violation.
In lieu of enforcement proceedings, penalties, and remedies
authorized by this Ordinance, the authorized enforcement agency may impose
upon a violator alternative compensatory actions, such as storm drain
stenciling, attendance at compliance workshops, creek cleanup, etc.
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Section XX. Violations Deemed A Public Nuisance.
In addition to the enforcement processes and penalties provided,
any condition caused or permitted to exist in violation of any of the
provisions of this Ordinance is a threat to public health, safety, and
welfare, and is declared and deemed a nuisance, and may be summarily abated
or restored at the violator's expense, and/or a civil action to abate,
enjoin, or otherwise compel the cessation of such nuisance may be taken.
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Section XXI. Criminal Prosecution.
Any person that has violated or continues to violate this
ordinance shall be liable to criminal prosecution to the fullest extent
of the law, and shall be subject to a criminal penalty of ______ dollars
per violation per day and/or imprisonment for a period of time not to
exceed ____ days.
The authorized enforcement agency may recover all attorney's
fees court costs and other expenses associated with enforcement of this
ordinance, including sampling and monitoring expenses.
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Section XXII. Remedies Not Exclusive.
The remedies listed in this ordinance are not exclusive
of any other remedies available under any applicable federal, state or
local law and it is within the discretion of the authorized enforcement
agency to seek cumulative remedies.
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Section XXIII. Adoption of Ordinance.
This ordinance shall be in full force and effect __ days
after its final passage and adoption. All prior ordinances and parts of
ordinances in conflict with this ordinance are hereby repealed.
PASSED AND ADOPTED this ____ day of ___________, 19__, by
the following vote:
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