HomeMy WebLinkAbout2021-06-30-406-1-
ILLICIT DISCHARGE TO STORM SEWER SYSTEM
§406.01 Purpose.
A. The purpose of this chapter of the Code of Ordinances is to provide for the health, safety,
and general welfare of the citizens of Waukee through the regulation of non-stormwater
discharges to the City of Waukee separate storm sewer system to the maximum extent
practicable, as required by Federal law. This chapter establishes methods for controlling
the introduction of pollutants into the City of Waukee separate storm sewer system in
order to comply with requirements of the National Pollutant Discharge Elimination
System (NPDES) permit process.
§406.02 Definitions.
A. The following terms are defined for use in this chapter, unless the context specifically
indicates otherwise:
1. “Hazardous Materials” means 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.
2. “Illegal Connection” means either of the following:
(a) Any pipe, open channel, drain or conveyance, whether on the surface or
subsurface, which allows an illicit discharge to enter the storm drain
system including but not limited to any conveyances which allow any non-
stormwater 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
(b) 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.
3.“Illicit Discharge” means any direct or indirect non-stormwater discharge to the
City of Waukee separate storm sewer system, except as exempted in 406.03 of
this chapter.
4.“Industrial Discharge” means discharges subject to NPDES Industrial Permits as
defined in 40 CFR, Section 122.26 (b)(14).
5.“Municipal Separate Storm Sewer System (MS4)” means any facility designed or
used for collecting and/or conveying stormwater, including inlets, catch basins,
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piped storm drains, pumping facilities, structural stormwater controls, or other
drainage structures which are owned or maintained by the City of Waukee.
6. “National Pollutant Discharge Elimination System (NPDES) Municipal Separate
Storm Sewer System (MS4) Permit” means a permit issued by Iowa Department
of Natural Resources (IDNR) 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.
7. “Non-Stormwater Discharge” means any discharge to the storm drain system that
is not composed entirely of stormwater.
8. “Pollutant” means anything that 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 or accumulations,
so that same may cause or contribute to pollution; floatables; hazardous
substances and wastes; sewage; wastes and residues that result from constructing
a building or structure; and noxious or offensive matter of any kind.
9.“Pollution” means the contamination or other alteration of any water’s physical,
chemical or biological properties, including change in color, turbidity, or odor of
such waters or the discharge of any liquid, gaseous, solid, or other substance into
any such waters as will or is likely to create a nuisance or render such waters
harmful, detrimental or injurious to the public health, safety or welfare.
10.“Premises” mean any building, lot, parcel of land, or portion of land whether
improved or unimproved including adjacent sidewalks and parking strips.
11.“Responsible Party” For purposes of this ordinance, is one or more persons that
control or are in possession of or own property. Responsible parties shall be
jointly and severally responsible for compliance with this ordinance and jointly
and severally liable for any illicit discharge from the property controlled,
possessed or owned. For purposes of this ordinance, “property” includes but is not
limited to real estate, fixtures, facilities and premises of any kind located upon,
under or above the real estate. The definition of Responsible Party does not
include the City when an illicit discharge is caused by a person on a public street
or on public property.
12. “Stormwater Runoff” or “Stormwater” means any surface flow, runoff, and
drainage consisting entirely of water from any form of natural precipitation, and
resulting from such precipitation.
13. “Structural Stormwater Control” means a structural stormwater management
facility or device that controls stormwater runoff and changes the characteristics
of that runoff including, but not limited to, the quantity and quality, the period of
release or the velocity of flow.
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§406.03 Allowable Non-Storm Water.
1. Discharges from fire fighting activities, fire hydrant flushing, potable water
sources, waterline flushing, uncontaminated groundwater, foundation or footing
drains, springs, riparian habitats, wetlands, irrigation water, air conditioning
condensate, exterior building wash water when no detergents or other surfactants
are used and pavement wash waters where spills or leaks of toxic or hazardous
materials have not occurred and when no detergents or other surfactants are used.
§406.04 Illicit Discharges and Illegal Connections Prohibited.
1. Any discharge into the City’s storm sewer system prohibited by the City’s
NPDES Permit, the terms of which are hereby incorporated by reference, shall be
deemed an Illicit Discharge in violation of this chapter.
2. The construction, use, maintenance or continued existence of any Illegal
Connection shall constitute a violation of this chapter. This prohibition expressly
includes, without limitation, Illegal Connections made in the past, regardless of
whether the connection was permissible under law or practices applicable or
prevailing at the time of connection.
§406.05 Industrial Discharges. Any Responsible Party subject to an industrial NPDES
discharge permit issued by the IDNR shall comply with all provisions of such permit.
§406.06 Watercourse Protection. Every Responsible Party owning property through
which a watercourse passes, or such Responsible Party’s lessee, shall keep and maintain that part
of the watercourse within the property below the elevation of the 100 year flood free of trash,
debris, grass clippings or other organic wastes and other obstacles that would pollute,
contaminate, or significantly alter the quality of water flowing through the watercourse.
§406.07 Illicit Discharge or Illegal Connection Detection, Reporting and Inspection.
1. All detection activities permitted under this ordinance shall be conducted by the
Public Works Director, or his or her designee, hereinafter referred to as the
“Inspector.” The “inspector” may undertake to conduct inspections in and through
cooperative efforts with Federal, State, County or other Municipal Agencies
2. The City shall not be responsible for any direct or indirect consequences affecting
Responsible Party or property as a result of an Illicit Discharge, or circumstances
which may cause an Illicit discharge, whether detected or undetected by the City.
3. Every Responsible Party has an absolute duty to monitor conditions on property
owned or controlled by them, to prevent all Illicit Discharges, and to report to the
City any Illicit Discharges, which the Responsible Party knows or should have
known to occur. Failure to comply with any provision of this chapter is a violation
of this chapter.
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4. Notwithstanding other requirements of law, as soon as any Responsible Party has
information of any known or suspected Illicit Discharge, the Responsible Party
shall immediately take all necessary steps to ensure the discovery, containment,
and cleanup of such discharge at the Responsible Party’s sole cost.
5. If the Illicit Discharge consists of Hazardous Materials, the Responsible Party
shall also immediately notify emergency response agencies of the occurrence via
emergency dispatch services.
6. If the Illicit Discharge 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.
7. A report of an Illicit Discharge shall be made in person or by phone or facsimile
or email to the Inspector immediately, but in any event within twenty-four (24)
hours of the Illicit Discharge; notifications in person or by phone shall be
confirmed by written notice addressed and mailed or emailed to the Inspector
within twenty-four (24) hours of the personal or phone notice.
8. Any Responsible Party shall also report to the City any circumstances which such
person or entity reasonably believes pose a risk of an Illicit Discharge.
9. Upon receiving a report pursuant to the previous sections or otherwise coming
into possession of information indicating an actual or imminent Illicit Discharge
or an Illegal Connection, the Inspector shall conduct an inspection of the site as
soon as reasonably possible and, if an Illicit Discharge or Illegal Connection is
found, the Inspector shall thereafter shall provide to the Responsible Party(s) for
such Premises a written notice to abate conditions which have already caused or
may cause an Illicit Discharge or the presence of an Illegal Connection. The
Responsible Parties shall immediately commence corrective action or remediation
and shall complete such corrective action or remediation within the time frame
specified within the abatement notice.
10. The Inspector shall be permitted to enter and inspect any property subject to
regulation under this section as often as is necessary to determine compliance
with this section. If a Responsible Party owning, controlling or possessing a
property has security measures that require identification and clearance before
entry to its property, such Responsible Party shall make the necessary
arrangements to allow access by the Inspector. By way of specification but not
limitation:
(a) A Responsible Party shall allow the Inspector ready access to all parts of
the property for purposes of inspection, sampling, examination and
copying of records related to a suspected, actual, or imminent Illicit
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Discharge, and for the performance of any additional duties as defined by
state and federal law.
(b) The Inspector shall have the right to set up on any property such devices
as are necessary in the opinion of the Inspector to conduct monitoring
and/or sampling related to a suspected, actual or imminent Illicit
Discharge.
(c) Any temporary or permanent obstruction that obstructs the safe and easy
access to property to be inspected and/or sampled shall be promptly
removed by the Responsible Party at the written or oral order of the
Inspector and shall not be replaced. The costs of clearing such access
shall be borne by the Responsible Party.
(d) An unreasonable delay in allowing the Inspector access to a property is a
violation of this chapter.
(e) If the Inspector has been refused access to any part of the property from
which an Illegal Connection and/or Illicit Discharge is occurring,
suspected or imminent, and 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 to protect the
overall public health, safety, and welfare of the community, then the
Inspector may institute other proceedings as are deemed appropriate to
compel compliance with the provisions of this chapter.
§406.08 Abatement of Illicit Discharge or Illicit Connection
1. Contents. The notice to abate shall contain:
(a) Description of Illicit Discharge or Illegal Connection. A description of
what constitutes the Illicit Discharge or Illegal Connection.
(b) Location of Illicit Discharge or Illegal Connection. The location of the
Illicit Discharge or Illegal Connection.
(c) Acts Necessary to Abate. A statement of the act or acts necessary to abate
the Illicit Discharge or Illegal Connection.
(d) Reasonable Time. A reasonable time within which to complete the
abatement.
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(e) Payment of City’s Costs. A statement that if the Illicit Discharge or Illegal
Connection is not abated as directed and no request for hearing is made
within the time prescribed, the City will abate it and invoice the costs to
such Responsible Party.
2. Method of Service of Notice to Abate. The notice shall be sent by certified and
ordinary mail to the property owner and/or other responsible party addressed to
the property owner at the address identified on the Property owner’s tax statement
as reported by the County Auditor. Other Responsible party(ies) shall be notified
by addressing said notice to their last known address. The notice shall be deemed
delivered upon depositing the same in a mail receptacle of the United States
Postal Service.
3. Request For Hearing. Any Responsible Party ordered to abate an Illicit Discharge
or Illegal Connection may have a hearing with the Council as to whether an Illicit
Discharge or Illegal Connection exists. A request for a hearing must be made in
writing and delivered to the City Clerk within the time stated in the notice, or it
will be conclusively presumed that an Illicit Discharge or Illegal Connection
exists and it must be abated as ordered. The hearing will be before the Council at
a time and place fixed by the Council. The findings of the Council shall be
conclusive and, if an Illicit Discharge or Illegal Connection is found to exist, it
shall be ordered abated within a reasonable time under the circumstances.
4. Failure to Abate. Any Responsible Party causing or maintaining an Illicit
Discharge or Illegal Connection who shall fail or refuse to abate or remove the
same within the reasonable time required and specified in the notice to abate is in
violation of this Code of Ordinances.
5. Abatement By City. If the Responsible Party notified to abate an Illicit Discharge
or Illegal Connection neglects or fails to abate as directed, the City may perform
the required action to abate, keeping an accurate account of the expense incurred.
The itemized expense account shall be filed with the Clerk who shall pay such
expenses on behalf of the City.
6. Collection Of Costs. If it is determined that an Illicit Discharge is imminent or has
occurred, the actual administrative costs incurred by the City in the enforcement
of this ordinance shall be recovered from the Responsible Party. The Inspector
shall submit an invoice to the Responsible Party reflecting the actual costs and
wages and all other expenses incurred by the City for the enforcement activities
undertaken. Failure to pay charges invoiced under this chapter within thirty (30)
days of billing shall constitute a violation of this chapter.
7.Abatement In Emergency. If it is determined that an emergency exists by reason
of the continuing maintenance of the Illicit Discharge or Illegal Connection, the
City may perform any action which may be required under this chapter without
prior notice. The City shall bill the costs as provided in Section 6.
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8. Abatement on a Public Street or on Public Property. The person causing an Illicit
Discharge on a public street or on public property shall be responsible for
abatement, as directed by the City, or shall pay all costs of abatement performed
by the City. The City shall bill any costs incurred as provided in Section 6. In
addition to paying the costs of abatement, any person causing an illicit discharge
on a public street or on public property shall be subject to a civil penalty and/or
criminal fine in accordance with this chapter.
§406.09 Penalty. Unless another penalty is expressly provided by this chapter for any
particular provision or section, any person(s) violating any provision of this chapter or any rule
or regulation adopted herein by reference shall, in addition to being a criminal violation (Simple
Misdemeanor) carrying a fine of up to $500.00 and/or 30 days in jail, also constitute a municipal
Infraction be subject to a civil penalty of up to $500.00, in addition to the other remedies
available pursuant to 364.22 Code of Iowa (2005) and these Ordinances. Each day that a
violation occurs and/or exists constitutes a separate offense.
Originally adopted September 21, 2005 Ordinance 2534