HomeMy WebLinkAbout9542-04 Amend the Municipal Code book - Adding new article 11, to Chapter 17 - Regulating Storm Water Discharges to the City's separateORDINANCE No.
9542-04
Passed by the Common Council of the City of South Bend, Indiana
November 8,
Attest:
Attest:
20 04
Presented by me to the Mayor of the Ciry of South Bend, Indiana
November 9,
JOHN
04
20
Ciry Clerk
President of Common Council
Ciry Clerk
Approved and signed by me November 12 20 04
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ORDINANCE NO. 1 S ~ Z~ 0 l
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA ADDING A NEW ARTICLE 11 TO CHAPTER 17 OF THE SOUTH BEND
MUNICIPAL CODE REGULATING NON-STORMWATER DISCHARGES TO THE
CITY'S SEPARATE STORM SEWER SYSTEM
STATEMENT OF PURPOSE AND INTENT
The purpose of this ordinance is to provide for the health, safety, and general welfare of the
citizens of the City of South Bend, Indiana through the regulation of non-stormwater 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:
1. To regulate the contribution of pollutants to the municipal separate storm sewer system
(MS4) by stormwater discharges by any user.
2. To prohibit Illicit Connections and Discharges to the municipal separate storm sewer
system.
3. To establish legal authority to carry out all inspection, surveillance and monitoring
procedures necessary to ensure compliance with this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY
OF S OUTH BEND, INDIANA THAT CHAPTER 17 OF THE SOUTH BEND MUNICIPAL CODE
BE AMENDED TO ADD a new Article 11 as follows:
Section I. The title to the new Article 11 of Chapter 17 of the South Bend Municipal Code
shall be "Illicit Connections and Discharges to City Separate Storm Sewer System."
Section II. The provisions of new Article 11, Chapter 17 of the South Bend Municipal Code
shall be numbered 17-89 through 17-106 as follows:
Section 17-89 Definitions.
For purposes of this Article the following definitions shall apply:
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(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 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.
(b) City -Employees or designees of City of South Bend designated to enforce this Article.
(c) Clean Water Act -The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.),
and any subsequent amendments thereto.
(d) Construction Activity -Activities subject to the National Pollution Discharge
Elimination System (NPDES) Construction Permits. These include construction projects resulting
in land disturbance of one acre or more. Such activities include but are not limited to clearing and
grubbing, grading, excavating, and demolition.
(e) 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.
(f) Illegal Discharge -Any direct or indirect non-stormwater discharge to the storm drain
system, except as exempted in Section 17-91(b) of this Article.
(g) 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-
stormwaterdischargeincluding 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.
(h) Industrial Activity -Activities subject to NPDES Industrial Permits as defined in 40
CFR, Section 122.26 (b)(14).
(i) MS4 -The municipal separate storm sewer system owned, maintained or operated by the
City of South Bend, i.e., facilities by which stormwater is collected and/or conveyed, including but
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not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, catch basins,
piped storm drains, pumping facilities, retention and detention basins, natural and human-made or
altered drainage channels, reservoirs, and other drainage structures. As used in this Chapter MS4
may refer to the City of South Bend as the MS4 owner/ operator.
(j) National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge
Permit - 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.
(k) Non-Stormwater Discharge -Any discharge to the storm drain system that is not
composed entirely of Stormwater.
(1) Person -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.
(m) 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.
(n) Premises -Any building, lot, parcel of land, or portion of land whether improved or
unimproved including adjacent sidewalks and parking strips.
(o) Stormwater -Any surface flow, runoff, and drainage consisting entirely of water from
any form of natural precipitation, and resulting from such precipitation.
(p) 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.
(q) Wastewater -Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
Section 17-90 Applicability, Administrative and Ultimate Responsibility, Severability.
(a) 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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(b) The City's Department of Public Works shall administer, implement, and enforce the
provisions of this Chapter, and the Director of Public Works may delegate in writing any powers
granted or duties imposed in this Chapter to persons or entities acting in the beneficial interest of or
in the employ of the City.
(c) The standards set forth in this Chapter are minimum standards and compliance by any
person with these standards does not ensure that there will be no ultimate determination of
contamination, pollution, nor unauthorized discharge of pollutants.
(d) The provisions of this Article are hereby declared to be severable. If any provision,
clause, sentence, or paragraph of this Article 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 Article.
Section 17-91 Prohibited Illegal Discharges; Exceptions
(a) No person shall discharge or cause to be discharged into the City's 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
stormwater.
(b) The commencement, conduct or continuance of any illegal discharge to the storm drain
system is prohibited except as described as follows:
(i) The following discharges are exempt from discharge prohibitions established by
this Article: water line flushing or other potable water sources, landscape irrigation
or lawn watering, diverted stream flows, rising groundwater, groundwater infiltration
to storm drains, uncontaminated pumped groundwater, 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.
(ii) Discharges specified in writing by the authorized enforcement agency as being
necessary to protect public health and safety.
(iii) Dye testing is an allowable discharge, but requires a verbal notification to the
authorized enforcement agency prior to the time of the test.
(iv) 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 Federal Environmental Protection Agency,
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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.
Section 17-92 Prohibited Illicit Connections
The construction, use, maintenance or continued existence of illicit connections to the City's
sese~arate storm sewer system (MS4) 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 City's separate
storm sewer system, or allows such a connection to continue.
Section 17-93 Suspension of Access to City's Separate Storm Sewer System (MS4)
(a) The City may, without prior notice, suspend a person's access to the City's separate storm
sewer system (MS4) 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 City 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.
(b) 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 City 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.
(c) A person commits an offense if the person reinstates MS4 access to premises terminated
pursuant to this Section, without the prior approval of the City.
Section 17-94 Industrial or Construction Activity Discharges
Any person subject to an industrial or construction activity NPDES stormwater 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 City prior to the allowing of discharges to the MS4.
Section 17-95 Monitoring Stormwater Discharges Associated with Industrial Activity,
Including Construction Activity
(a)The City shall be permitted to enter and inspect facilities subject to regulation under this
Article 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
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premises, the discharger shall make the necessary arrangements to allow access to representatives
of the authorized enforcement agency.
(b) Facility operators shall allow the City 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.
(c) The City shall have the right to set up on any permitted facility such devices as are
necessary in the opinion of the City to conduct monitoring and/or sampling of the facility's
stormwater discharge.
(d) The City 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.
(e) 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 City and shall not be replaced. The costs of clearing such access shall be borne by the
operator.
(f) Unreasonable delays in allowing the City access to a permitted facility is a violation of
a stormwater discharge permit and of this ordinance. A person who is the operator of a facility with
an NPDES permit to discharge stormwater associated with industrial activity commits an offense if
the person denies the City reasonable access to the permitted facility for the purpose of conducting
any activity authorized or required by this ordinance.
(g) If the City 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 City may seek issuance of a search warrant from any court of competent jurisdiction.
Section 17-96 Requirement to Prevent, Control, and Reduce stormwater Pollutants by the Use
of Best Management Practices
The City will adopt requirements identifying Best Management Practices for any activity,
operation, or facility which may cause or contribute to pollution or contamination of stormwater, 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
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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 stormwater 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 (SWPP) as
necessary for compliance with requirements of the NPDES permit.
Section 17-97 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.
Section 17-98 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 stormwater, 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 City 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 City 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.
Section 17-99 Enforcement
(a) Whenever the City finds that a person has violated a prohibition or failed to meet a
requirement of this Article, the authorized enforcement agency may order compliance by written
notice of violation to the responsible person. Such notice may require without limitation:
(i) The performance of monitoring, analyses, and reporting;
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(ii) The elimination of illicit connections or discharges;
(iii) That violating discharges, practices, or operations shall cease and desist;
(iv) The abatement or remediation of stormwater pollution or contamination hazards
and the restoration of any affected property; and
(v) Payment of a fine to cover administrative and remediation costs; and
(vi) The implementation of source control or treatment BMPs.
(b) 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 the City or a contractor and the expense thereof shall be charged
to the violator.
Section 17-100 Appeal of Notice of Violation
Any person receiving a Notice of Violation may appeal the determination of the City. The
notice of appeal must be received within ten (10) days from the date of the Notice of Violation.
Hearing on the appeal before the City or his/her designee shall take place within 15 days from the
date of receipt of the notice of appeal. The decision of the City or their designee shall be final.
Section 17-101 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 ten (10) days of the decision of the City, 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 City or designated contractor to enter upon the premises for the purposes set
forth above.
Section 17-102 Cost of Abatement of the Violation
Within thirty (30) 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 ten (10) 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.
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Any person violating any of the provisions of this article shall become liable to the City for
the assessment of the cost of abatement and administration costs by reason of such violation. The
liability shall be paid in not more than 12 equal payments. Interest at the rate of eight percent (8%)
per annum shall be assessed on the balance beginning on the first day following discovery of the
violation.
Section 17-103 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 City 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.
Section 17-104 Compensatory Action
In lieu of enforcement proceedings, penalties, and remedies authorized by this Article, the
City may impose upon a violator alternative compensatory actions, such as storm drain stenciling,
attendance at compliance workshops, creek cleanup, etc.
Section 17-105 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 Article 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.
Section 17-106 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 City to seek cumulative
remedies.
Section III. This ordinance shall be in full force and effect from and after its passage by the
Common Council and approval by the Mayor.
2
Member, South Bend Co on Council
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Attest:
't Cle k
Presented by me to the Mayor of the City of South Bend, Indiana on the `~'~ day of
J,:w~ , 2 e°y , at lC'- ~ o'clock ~. m.
._ ~...
V7 f,~2~~ City Clerk
Approved and signed by me on the ~~ ~ day of ~t'u , 2 ~'~' , at a ~ o'clock
~. m.
Mayor, City of ut Bend, Indiana
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Filed In Clerk's Ofifiice
OCT 1 9 2004
JOHN VOORDE
CITY CLERK, ~0. BEND, IN.
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
78-04 A BILL OF THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA ADDING A NEW ARTICLE 11
TO CHAPTER 17 OF THE SOUTH BEND MUNICIPAL CODE
REGULATING NON-STORMWATER DISCHARGES TO
THE CITY'S SEPARATE STORM SEWER SYSTEM
Respectfully report that they have examined the matter and that in their opinion, this bill
is being recommended to the full Council with a favorable recommendation.
Sean Coleman
Chairman
1316 COUNTY-CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
PHONE 574/ 235-9251
FAx 574/235-9171
TDD 5741 23 5-5 567
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
DEPARTMENT OF PUBLIC WORKS
GARY A. GILOT, P.E.
DIRECTOR OF PUBLIC `WORKS
October 19, 2004
Ms. Karen White
President, South Bend Common Council
400 County-City Building
South Bend, Indiana 46601
RE: Illicit Discharge Ordinance
Storm Water Discharge from Construction Sites (Erosion Control) Ordinance
Dear Council Members:
Enclosed are copies of the proposed Ordinances for the Council's consideration. Both of these ordinances
meet the minimum requirements as set forth by Rule 13 (327 IAC 15-13) and are required to be in the process of
adoption and submitted to IDEM by November 5, 2004.
The Illicit Discharge Ordinance covers all non-storm water discharges into the City's separated storm sewer.
This ordinance establishes methods for controlling the introduction of pollutants into the municipal separate storm
sewer system (MS4). The Storm Water Discharge from Construction Sites (Erosion Control) Ordinance covers all
storm water runoff from construction sites one (1) acre or larger. This ordinance establishes the review, design,
installation, and inspection of proper erosion control methods on construction sites.
I will make the presentation of these Ordinances to the Council at its Committee meeting and at the public
hearing. If you have any questions prior to the meeting, please do not hesitate to call me.
Sincerely,
FiI~C1 ICI CI~C~~'a ~fM~~1±
Jason J. Durr P.E. , ,
Assistant City Engineer ~ `
Enclosure dot~t~! VOORDE
CITY CLERK, SC. LEND, IN.
c: Aladean DeRose, Chief Assistant City Attorney
ENGINEERING ENVIRONMENTAL SERVICES CENTRAL SERVICES
CARL LITTRELL, P.E. JOHN J. DILLON, PH.D. MATT CHLEBOWSKI
574/235-9251 574/277-8515 574/235-9316
FAx 574/235-9171 FAx 574/277-8980 FAx 574/235-9007
STREETS
SAM HENSLEY
574/235-9244
FAx 574/235-9272
WATER WORKS
JOHN F. STANCATI(j~,
574/235-9322
FAx 574/235-9728