HomeMy WebLinkAbout2005-09-21-Ordinance 2534_Illicit Discharge to Storm Sewer SystemORDINANCE NO.2534
ORDINANCE AMENDING THE CODE OF ORDINANCES,CITY OF WAUKEE,IOWA BY
ADDING CHAPTER 406 REGARDING ILLICIT DISCHARGE TO STORM SEWER
SYSTEM
SECTION 1.INTERNAL REFERENCES.All references to section numbers in this
ordinance shall be to sections contained within Chapter 406 of the "2005 Waukee Code of
Ordinances"unless otherwise specified.
SECTION 2.AMENDMENT.Chapter 406,as set forth in Exhibit A attached hereto,is
hereby added to the 2005 Waukee Code of Ordinances.
SECTION 3.REPEALER.All parts of the "CODE OF ORDINANCES OF THE CITY
OF WAUKEE,IOWA,2005"in conflict herewith are hereby repealed.
SECTION 4.SEVERABILITY CLAUSE.If any section,provision or part of this
ordinance shall be adjudged invalid or unconstitutional,such adjudication shall not affect the
validity of the ordinance as a whole or any section,provision OT part thereof not adjudged invalid
or unconstitutional.
SECTION 5.EFFECTIVE DATE.This ordinance shall be effective from and after the
final passage,approval and publication as provided by law.
PASSED AND APPROVED this 21st day of September 2005.
By:-=--':-T7SI-:c---~----=c-=-----ertz,Mayor Pro TemJef
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EXHIBIT A
CHAPTER 406
ILLICIT DISCHARGE TO STORM SEWER SYSTEM
406.01 PURPOSE.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.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-stonnwater 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)(l4).
5."Municipal Separate Storm Sewer System (MS4)"means any facility designed or
used for collecting and/or conveying stonnwater,including inlets,catch basins,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
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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 StOlIDdrain 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 ally form of natural precipitation,and resulting
from such precipitation.
13."Structural Stormwater Control"means a structural stormwater management
facility or device that controls stormwater nmoff and changes the characteristics of that
nmoff including,but not limited to,the quantity and quality,the period of release or the
velocity of flow.
11.03 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 ~U1dwhen
no detergents or other surfactants are used.
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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 TIlicit Discharge in violation ofthis 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.
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
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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 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 me 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
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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
connnunity,then the Inspector may institute other proceedings as are deemed
appropriate to compel compliance with the provisions ofthis chapter.
406.08 ABATEMENT OF ILLICIT DISCHARGE OR ILLICIT CONNECTION
1.Contents.The notice to abate shall contain:
(a)Description of Tllicit 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.
(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 partyties)shall be notified by
addressing said notice to their last known address.The notice shall be deemed delivered
npon depositing the same in a mail receptacle ofthe 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
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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.
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 i llicit 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.
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