[Adopted 3-20-2019 by Ord. No. 19-008]
That the above recitals[1] are hereby declared to be true and correct and findings of the Village Board of the Village of Homer Glen and are incorporated herein as if set forth in this § 107-3.
[1]
Editor's Note: Refer to the preamble of Ord. No. 19-008.
The purpose of this article is to provide for the health, safety,
and general welfare of the citizens of the Village of Homer Glen,
Illinois, through the regulation of nonstormwater discharges to the
storm drainage system to the maximum extent practicable as required
by federal and state law. This article 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 article are:
A.
To regulate the contribution of pollutants to the municipal separate
storm sewer system (MS4) by stormwater discharges by any user;
B.
To prohibit illicit connections and discharges to the municipal separate
storm sewer system; and
C.
To establish legal authority to carry out all inspection, surveillance,
and monitoring procedures necessary to ensure compliance with this
article.
As used in this article, the following terms shall have the
meanings indicated:
Employees or designees of the director of the municipal agency
designated to enforce this article.
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.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
Activities subject to NPDES Construction Permits. NPDES Stormwater
Phase II permits are required for 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.
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.
Any direct or indirect nonstormwater discharge to the storm drain system, except as exempted in § 107-9 of this article.
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 nonstormwater
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.
Activities subject to NPDES industrial permits as defined
in 40 CFR 122.26(b)(l4).
A permit issued by the United States Environmental Protection
Agency (USEPA) [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.
Any discharge to the storm drain system that is not composed
entirely of stormwater.
As defined by 40 CFR 122.2, means the owner or operator of
any "facility or activity" subject to regulation under the NPDES program.
Any individual, occupant, tenant, association, organization,
partnership, firm, corporation, or other entity recognized by law
and acting as either the owner or as the owner's agent.
Anything which causes or contributes to pollution. Pollutants
may include, but are not limited to: paints, varnishes, and solvents;
oil and other automotive fluids; nonhazardous 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.
Any building, lot, parcel of land, or portion of land whether
improved or unimproved including adjacent sidewalks and parking strips.
Facilities by which stormwater 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.
Any surface flow, runoff, and drainage consisting entirely
of water from any form of natural precipitation, and resulting from
such precipitation.
A document which describes the BMPs 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.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
This article 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.
The Village of Homer Glen, Illinois, or other authorized enforcement
agency shall administer, implement, and enforce the provisions of
this article. 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.
The standards set forth herein and promulgated pursuant to this
article are minimum standards; therefore this article does not intend
nor imply that compliance by any person will ensure that there will
be no contamination, pollution, nor unauthorized discharge of pollutants.
A.
Prohibition of illegal discharges.
(1)
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 stormwater.
(2)
The commencement, conduct or continuance of any illegal discharge
to the storm drain system is prohibited except as described as follows:
(a)
The following discharges are exempt from discharge prohibitions
established by this article: waterline 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, noncommercial washing of vehicles, natural
riparian habitat or wetland flows, swimming pools (if dechlorinated
- typically less than one PPM chlorine), firefighting activities,
and any other water source not containing pollutants.
(b)
Discharges specified in writing by the authorized enforcement
agency as being necessary to protect public health and safety.
(c)
Dye testing is an allowable discharge, but requires a verbal
notification to the authorized enforcement agency prior to the time
of the test.
(d)
The prohibition shall not apply to any nonstormwater discharge
permitted under an NPDES permit, waiver, or waste discharge order
issued to the discharger and administered under the authority of the
USEPA, 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.
B.
Prohibition of illicit connections.
(1)
The construction, use, maintenance, or continued existence of illicit
connections to the storm drain system is prohibited.
(2)
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.
(3)
A person is considered to be in violation of this article if the
person connects a line conveying sewage to the MS4, or allows such
a connection to continue.
A.
Suspension due to illicit discharges in emergency situations. The
Village of Homer Glen, Illinois, or other 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.
B.
Suspension due to the detection of illicit discharge.
(1)
Any person discharging to the MS4 in violation of this article
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.
(2)
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.
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 Village of Homer Glen, Illinois, or other
authorized enforcement agency prior to the allowing of discharges
to the MS4.
A.
Applicability. This section applies to all facilities that have stormwater
discharges associated with industrial activity, including construction
activity.
B.
Access to facilities.
(1)
The Village of Homer Glen, Illinois, or other authorized enforcement
agency 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 article. 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.
(2)
Facility operators shall allow the Village of Homer Glen, Illinois,
or other 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 stormwater, and the performance of any additional
duties as defined by state and federal law.
(3)
The Village of Homer Glen, Illinois, or other 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 stormwater
discharge.
(4)
The Village of Homer Glen, Illinois, or other 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.
(5)
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 Village of Homer
Glen, Illinois, or other authorized enforcement agency and shall not
be replaced. The costs of clearing such access shall be borne by the
operator.
(6)
Unreasonable delays in allowing the Village of Homer Glen, Illinois,
or other authorized enforcement agency access to a permitted facility
is a violation of a stormwater discharge permit and of this article.
A person who is the operator of a facility with a NPDES permit to
discharge stormwater 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 article.
(7)
If the Village of Homer Glen, Illinois, or other 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 article,
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 article 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.
The Village of Homer Glen, Illinois, or other authorized enforcement
agency will adopt requirements identifying BMPs 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 United States. The owner or operator of a commercial or industrial
establishment shall provide, at his or her 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 nonstructural BMPs. Further, any person
responsible for a property or premises, which is, or may be, the source
of an illicit discharge, may be required to implement, at said person's
expense, additional structural and nonstructural 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 (SWPPP) as necessary for compliance with
requirements of the NPDES permit.
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.
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 United States, 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 nonhazardous 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 Village of Homer Glen, Illinois, or other 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.
Notice of violation.
A.
Whenever the Village of Homer Glen, Illinois, or other authorized
enforcement agency 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:
(1)
The performance of monitoring, analyses, and reporting;
(2)
The elimination of illicit connections or discharges;
(3)
That violating discharges, practices, or operations shall cease
and desist;
(4)
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
(5)
Payment of a fine to cover administrative and remediation costs;
and
(6)
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 a designated governmental
agency or a contractor and the expense thereof shall be charged to
the violator.
Any person receiving a notice of violation may appeal the determination
of the authorized enforcement agency. The notice of appeal must be
received within seven 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
its designee shall be final.
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 seven 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.
Within seven 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 seven 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 Village by reason of such
violation. The liability shall be paid in not more than 12 equal payments.
Interest at the rate of current market value (percentage per annum)
shall be assessed on the balance beginning on the 30th day following
discovery of the violation.
It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this article. If
a person has violated or continues to violate the provisions of this
article, 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.
In lieu of enforcement proceedings, penalties, and remedies
authorized by this article, the authorized enforcement agency may
impose upon a violator alternative compensatory actions, such as storm
drain stenciling, attendance at compliance workshops, creek cleanup,
etc.
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.
Any person that has violated or continues to violate this article
shall be liable to prosecution to the fullest extent of the law, and
shall be subject to a fine of $750 per violation per day.
The remedies listed in this article 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.
If any section, paragraph, clause or provision of this article
shall be held invalid, the invalidity thereof shall not affect any
other provision of this article.