CHAPTER 157: STORM WATER; ILLICIT CONNECTIONS AND DISCHARGES
Section
157.01 Statutory authority and title
157.02 Findings
157.03 Purpose
157.04 Applicability and general provisions
157.05 Definitions
157.06 Prohibited discharges
157.07 Prohibited illicit connections
157.08 Authorized discharges
157.09 Storage of materials in drainage way
157.10 Inspection and sampling
157.11 Storm water monitoring facilities
157.12 Accidental discharges
157.13 Record-keeping requirement
157.14 Sanctions for violation
157.15 Failure to comply; completion
157.16 Emergency measures
157.17 Cost recovery for damage to storm water drainage system
157.18 Collection of costs; lien
157.19 Suspension of access to the storm water drainage system
157.20 Appeals
157.21 Judicial relief
157.22 Cumulative remedies
157.23 Responsibility to implement best management practices
157.24 Interpretation
157.25 Catch-line headings
§ 157.01 STATUTORY AUTHORITY AND TITLE.
This chapter is adopted in accordance with the Home Rule City Act, as amended,
being M.C.L. 117.1 et seq.; the Drain Code of 1956, as amended, being M.C.L. 280.1
et seq.; the Land Division Act, as amended, being M.C.L. 560.1 et seq.; the Revenue
Bond Act, as amended, being M.C.L. 141.101 et seq.; the Natural Resources and
Environmental Protection Act, as amended, being M.C.L. 324.101 et seq.; Section
401(p) of the Federal Water Pollution Control Act (also known as the Clean Water
Act), as amended, being 33 U.S.C. 1342(p) and 40 C.F.R. parts 9, 122, 123, and
124; and other applicable state and federal laws.
(Ord. 215, passed 9-7-04)
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2005 S-3 94 Ferrysburg - Land Usage
§ 157.02 FINDINGS.
The City Council finds that:
(A) Illicit discharges contain pollutants that will significantly degrade the
water bodies and water resources of the city, thus threatening the health, safety
and welfare of the citizenry;
(B) Illicit discharges enter the storm water drainage system through either direct
connections (e.g., wastewater piping either mistakenly or deliberately connected
to the storm drains) or indirect connections (e.g., infiltration into the storm
drain system or spills connected by drain inlets);
(C) Establishing the measures for controlling illicit discharges and connections
contained in this chapter and implementing the same will address many of the deleterious
effects of illicit discharges; and
(D) Any condition caused or permitted to exist in violation of any of the provisions
of this chapter is a threat to public health, safety, and welfare, and is declared
and deemed a nuisance.
(Ord. 215, passed 9-7-04)
§ 157.03 PURPOSE.
It is the purpose of this chapter to establish minimum storm water management
requirements and controls to accomplish, among others, the following objectives:
(A) To regulate the contribution of pollutants to the storm water drainage system
and water bodies by means of storm water discharges by any user;
(B) To prevent illicit discharges and connections to the storm water drainage
system and water bodies;
(C) To establish legal authority to carry out all inspection, surveillance, and
monitoring procedures necessary to ensure compliance with this chapter; and
(D) To provide appropriate remedies for failure to comply with this chapter.
(Ord. 215, passed 9-7-04)
§ 157.04 APPLICABILITY AND GENERAL PROVISIONS.
This chapter shall apply to all discharges entering the storm water drainage system
and water bodies in the city.
(Ord. 215, passed 9-7-04)
2005 S-3 Storm Water; Illicit Connections and Discharges 95
§ 157.05 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless
the context clearly indicates or requires a different meaning.
AUTHORIZED ENFORCEMENT AGENCY. The City Manager and/or any persons or agencies
designated in writing by the City Manager to act as the AUTHORIZED ENFORCEMENT
AGENCY.
BEST MANAGEMENT PRACTICES (BMPs). Structural devices or nonstructural practices
that are designed to prevent pollutants from entering storm water flows, to direct
the flow of storm water, or to treat polluted storm water flows. BMPs may include,
but shall not be limited to, those described in the Michigan Department of Environmental
Quality Guidebook of Best Management Practices for Michigan Watersheds. Equivalent
practices and design criteria that accomplish the purposes of this chapter (including,
but not limited to, minimizing storm water runoff and preventing the discharge
of pollutants into storm water) shall be as determined by the City Engineer.
CLEAN WATER ACT. The Federal Water Pollution Control Act, 33 U.S.C. 1251 et seq.,
as amended, and the applicable regulations promulgated thereunder.
DISCHARGE. The introduction (intentionally or unintentionally, and directly or
indirectly) of any liquid, substance, pollutant, or other material into a storm
water drainage system or water body.
DISCHARGER. Any person who directly or indirectly discharges storm water from
any premises. DISCHARGER also includes any employee, officer, director, partner,
contractor, or other person who participates in, or is legally or factually responsible
for, any act or omission that is, or results in, a violation of this chapter.
DRAIN. Any and all conduits, facilities, measures, areas, and structures that
serve to convey, catch, hold, filter, store, and/or receive storm water or groundwater,
either on a temporary or permanent basis.
DRAINAGE. The collection, conveyance, or discharge of groundwater.
DRAINAGE WAY. A drain, water body or floodplain.
EPA. The U.S. Environmental Protection Agency.
FLOODPLAIN. The area, usually low lands, adjoining the channel of a river, stream,
or watercourse or lake, or other body of standing water, that has been or may
be covered by floodwater.
HAZARDOUS MATERIALS. Any solid, liquid, semisolid, or gaseous substance or material
that because of its quantity, quality, concentration, or physical, chemical, or
infectious characteristics may cause or significantly contribute to an increase
in mortality or an increase in serious irreversible illness
2005 S-3 96 Ferrysburg - Land Usage
or serious incapacitating but reversible illness, or may pose a substantial present
or potential hazard to human health or the environment if improperly treated,
stored, transported, disposed of, or otherwise managed.
ILLICIT CONNECTION. Any method, means, or conduit for conveying an illicit discharge
into a water body or a storm water drainage system.
ILLICIT DISCHARGE. Any discharge to a water body or a storm water drainage system
that does not consist entirely of storm water, that is not authorized by the terms
of an NPDES permit, and that is not an authorized discharge as defined by this
chapter.
MDEQ. Michigan Department of Environmental Quality.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT. A permit issued
by the EPA or a state under authority delegated pursuant to the Clean Water Act
that authorizes the discharge of pollutants to waters of the United States.
NON-STORM WATER DISCHARGE. Any discharge to the storm water drainage system or
a water body that is not composed entirely of storm water.
PERSON. An individual, firm, partnership, association, public or private corporation,
public agency, instrumentality or other legal entity.
POLLUTANT. Includes, but is not limited to, the following: any dredged spoil,
solid waste, vehicle fluids, yard wastes, animal wastes, agricultural waste products,
sediment, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical
wastes, biological wastes, radioactive materials, hazardous materials, wrecked
or discharged equipment, rock, sand, cellar dirt, and industrial, municipal, commercial,
and agricultural waste, or any other contaminant or other substance defined as
a pollutant under the Clean Water Act. POLLUTANT also includes properties or characteristics
of water, including, but not limited to, pH, heat, total suspended solids (TSS),
turbidity, color, biological oxygen demand (BOD), chemical oxygen demand (COD),
toxicity, and odor.
PREMISES. Any building, structure, lot, parcel of land, or portion of land or
property, whether improved or unimproved, including adjacent sidewalks and parking
strips.
PROPERTY OWNER. Any person having legal or equitable title to premises or any
person having or exercising care, custody, or control over any premises.
STATE OF MICHIGAN WATER QUALITY STANDARDS. All applicable state rules, regulations,
and laws pertaining to water quality, including the provisions of § 3106,
part 31, 1994 P.A. 451, as amended.
STORM WATER DRAINAGE SYSTEM. Storm sewers, conduits, curbs, gutters, catch basins,
drains, ditches, pumping devices, parking lots, roads, or other man-made channels
that are designed or used, singly or together in combination with one another,
for collecting or conveying storm water.
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STORM WATER POLLUTION PREVENTION PLAN. A document that 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 storm water, a storm water drainage system, and/or a water body to the maximum
extent practicable.
STORM WATER RUNOFF (or STORM WATER). The runoff and drainage of precipitation
resulting from rainfall, snowmelt, or other natural event or process.
TOXIC MATERIAL. Any pollutant or combination of pollutants that is or can potentially
be harmful to the public health or the environment, including, without limitation,
those listed in 40 C.F.R. 401.15 as toxic under the provisions of the Clean Water
Act, or listed in the Critical Materials Register promulgated by the Michigan
Department of Environmental Quality, or as otherwise provided by local, state,
or federal laws, rules, or regulations.
WASTEWATER. Any water or other liquid, other than uncontaminated storm water,
discharged from a premises. WASTEWATER includes any water that has in any way
been used and degraded or physically or chemically altered.
WATER BODY. A river, lake stream, creek, or other watercourse or wetlands.
(Ord. 215, passed 9-7-04)
§ 157.06 PROHIBITED DISCHARGES.
(A) It is unlawful for any person to discharge, or cause to be discharged, to
a storm water drainage system or water body any substance or material, including,
but not limited to, hazardous materials, pollutants, toxic materials, wastewater,
or waters containing any such materials that cause or contribute to a violation
of applicable water quality standards, other than storm water or an authorized
discharge. This prohibition includes the commencement, conducting, or continuance
of any illicit discharge by any person to a storm water drainage system or water
body.
(B) Any person discharging storm water shall effectively prevent hazardous materials,
pollutants, toxic materials, and wastewater from being discharged with the storm
water, except in accordance with BMPs.
(C) The authorized enforcement agency is authorized to require dischargers to
implement pollution prevention measures, using storm water pollution prevention
plans and BMPs, as determined necessary by the authorized enforcement agency to
prevent or reduce the discharge of hazardous materials, pollutants, toxic materials,
and wastewater to a storm water drainage system or water body.
(D) The discharge prohibitions of this section shall not apply to any non-storm
water discharge authorized under an NPDES permit, waiver, or waste discharge order
issued to the discharger and
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administered under the authority of the EPA, provided 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 water drainage system.
(Ord. 215, passed 9-7-04) Penalty, see § 157.14
§ 157.07 PROHIBITED ILLICIT CONNECTIONS.
(A) It is unlawful for any person to construct, use, or maintain (or to allow
the construction, use, maintenance or continued existence of) an illicit connection.
(B) This prohibition expressly includes, without limitation, illicit connections
made prior to the effective date of this chapter, and regardless of whether the
connection was permissible under law or practices applicable or prevailing at
the time of connection.
(Ord. 215, passed 9-7-04) Penalty, see § 157.14
§ 157.08 AUTHORIZED DISCHARGES.
The following non-storm water discharges are permissible, but only if they do
not result in a violation of State of Michigan water quality standards and provided
that they are undertaken in compliance with any applicable or required BMPs and
do not contain hazardous materials, pollutants, toxic materials, or wastewater:
(A) Water supply line flushing;
(B) Landscape irrigation runoff;
(C) Diverted stream flows;
(D) Rising groundwater;
(E) Uncontaminated groundwater infiltration to storm drains;
(F) Uncontaminated pumped groundwater;
(G) Discharges from potable water sources;
(H) Foundation drains;
(I) Air conditioning condensate;
(J) Irrigation water;
2005 S-3 Storm Water; Illicit Connections and Discharges 99
(K) Springs;
(L) Water from crawl space pumps;
(M) Footing drains and basement sump pumps;
(N) Lawn watering runoff;
(O) Waters from non-commercial car washing;
(P) Flows from riparian habitats and wetlands;
(Q) Residential swimming pool water and other dechlorinated swimming pool water,
provided that any filter backwash water that is present is treated;
(R) Residual street wash water;
(S) Discharges or flows from emergency fire fighting activities; and
(T) Discharges specifically authorized in writing by the authorized enforcement
agency as being necessary to protect public health, welfare, and safety or the
environment.
(Ord. 215, passed 9-7-04) Penalty, see § 157.14
§ 157.09 STORAGE OF MATERIALS IN DRAINAGE WAY.
Except as permitted by law, it shall be unlawful for any person to store or stockpile
within a drainage way hazardous materials, pollutants, toxic materials, or wastewater,
unless adequate protection and/or containment has been provided so as to prevent
any such materials from entering a storm water drainage system or water body.
(Ord. 215, passed 9-7-04) Penalty, see § 157.14
§ 157.10 INSPECTION AND SAMPLING.
The authorized enforcement agency may inspect and/or obtain samples from any discharger’s
premises as necessary to determine compliance with the requirements of this chapter.
Upon request, the discharger shall allow properly identified representatives of
the authorized enforcement agency to enter the premises of the discharger at all
hours necessary for the purposes of such inspection or investigation, including,
but not limited to, smoke/dye testing, televising pipes, sampling, and excavation.
The authorized enforcement agency shall provide the discharger reasonable advance
notice of the need for such access, if possible and consistent with protection
of public health and safety and the environment.
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The properly identified representatives may place on the discharger’s premises
the equipment or devices used for such sampling or inspection. Unreasonable delays
in allowing access to a premises is a violation of this chapter.
(Ord. 215, passed 9-7-04) Penalty, see § 157.14
§ 157.11 STORM WATER MONITORING FACILITIES.
If directed in writing to do so by the authorized enforcement agency, a discharger
of storm water runoff from any premises used for commercial or industrial purposes
shall provide and operate equipment or devices for the monitoring of storm water
runoff to provide for inspection, sampling, and flow measurement of each discharge
to a water body or storm water drainage system, as specified by the authorized
enforcement agency. The authorized enforcement agency may require a discharger
to provide and operate such equipment and devices if it is necessary or appropriate
for the inspection, sampling, and flow measurement of discharges in order to determine
whether adverse effects from, or as a result of, such discharges may occur. All
such equipment and devices for the inspection, sampling, and flow measurement
of discharges shall be installed and maintained at the discharger’s expense
in accordance with applicable laws, ordinances, and regulations.
(Ord. 215, passed 9-7-04) Penalty, see § 157.14
§ 157.12 ACCIDENTAL DISCHARGES.
Any discharger who accidentally discharges into a storm water drainage system
or a water body any substance other than storm water or an authorized discharge
shall immediately notify the authorized enforcement agency of the discharge. If
the notification is given orally, a written report concerning the discharge shall
be filed with the authorized enforcement agency within five days. The written
report shall specify all of the following:
(A) The composition of the discharge and the cause thereof;
(B) The exact date, time and estimated volume of the discharge;
(C) All measures taken to clean up the discharge, all measures taken or proposed
to be taken to mitigate any known or potential adverse impacts of the discharge,
and all measures proposed to be taken to reduce and prevent any recurrences; and
(D) The names and telephone numbers of the individual making the report, and (if
different) the individual who may be contacted for additional information regarding
the discharge.
(Ord. 215, passed 9-7-04) Penalty, see § 157.14
2005 S-3 Storm Water; Illicit Connections and Discharges 101
§ 157.13 RECORD-KEEPING REQUIREMENT.
Any person that violates any requirement of this chapter or that is subject to
monitoring under this chapter shall retain and preserve for no less than three
years any and all books, drains, plans, prints, documents, memoranda, reports,
correspondence, and records, including records on magnetic or electronic media,
and any and all summaries of such records relating to monitoring, sampling, and
chemical analysis of any discharge or storm water runoff from any premises connected
with the violation or subject to monitoring.
(Ord. 215, passed 9-7-04) Penalty, see § 157.14
§ 157.14 SANCTIONS FOR VIOLATION.
(A) Except as provided by division (E) of this section, a person who violates
any provision of this chapter (including, without limitation, any notice, order,
permit, decision or determination promulgated, issued or made by the authorized
enforcement agency under this chapter) is responsible for a municipal civil infraction,
subject to payment of a civil fine of not less than $1,000 for each infraction
and not more than $2,500 for each infraction, plus costs and other sanctions.
Each day of a violation is subject to a separate citation.
(B) Subject to the maximum and minimum fine amounts specified in division (A)
of this section, the following factors shall be considered by a court in determining
the amount of a municipal civil infraction fine following the issuance of a municipal
civil infraction citation for a violation of this chapter: the type, nature, severity,
frequency, duration, preventability, potential and actual effect, and economic
benefit to the violator (such as delayed or avoided costs or competitive advantage)
of a violation; the violator’s recalcitrance or efforts to comply; the economic
impacts of the fine on the violator; and such other matters as justice may require.
A violator shall bear the burden of demonstrating the presence and degree of any
mitigating factors to be considered in determining the amount of a fine. However,
mitigating factors shall not be considered unless it is determined that the violator
has made all good faith efforts to correct and terminate all violations.
(C) The following persons are designated as the authorized local officials to
issue municipal civil infraction citations: the City Manager and any police officer.
(D) Except as otherwise provided by this section, the requirements and procedures
for commencing municipal civil infraction actions; issuance and service of municipal
civil infraction citations; determination and collection of court-ordered fines,
costs and expenses; appearances and payment of fines and costs; failure to answer,
appear or pay fines; disposition of fines, costs and expenses paid; and other
matters regarding municipal civil infractions shall be as set forth in Act No.
236 of the Public Acts of 1961, as amended.
(E) Any person who (1) at the time of a violation knew or should have known that
hazardous materials, pollutants, toxic materials, wastewater, or substance was
discharged contrary to any provision of this chapter, or contrary to any notice,
order, permit, decision or determination promulgated, issued
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or made by the authorized enforcement agency under this chapter; or (2) intentionally
makes a false statement, representation, or certification in an application for
or form pertaining to a permit, or in a notice, report, or record required by
this chapter, or in any other correspondence or communication, written or oral,
with the authorized enforcement agency regarding matters regulated by this chapter;
or (3) intentionally falsifies, tampers with, or renders inaccurate any sampling
or monitoring device or record required to be maintained by this chapter; or (4)
commits any other act that is punishable under state law by imprisonment for more
than 90 days; shall upon conviction, be guilty of a misdemeanor punishable by
a fine of $500 per violation, per day, or imprisonment for up to 90 days, or both
in the discretion of the court.
(F) Any person who aids or abets another person in a violation of this chapter
shall be subject to the sanctions provided in this section.
(Ord. 215, passed 9-7-04)
§ 157.15 FAILURE TO COMPLY; COMPLETION.
The authorized enforcement agency is authorized, after giving reasonable notice
and opportunity for compliance, to correct any violation of this chapter or damage
or impairment to the storm water drainage system caused by a discharge and to
bill the person causing the violation or discharge for the costs of the work to
be reimbursed. The costs reimbursable under this section shall be in addition
to fees, amounts or other costs and expenses required to be paid to the authorized
enforcement agency under other sections of this chapter.
(Ord. 215, passed 9-7-04)
§ 157.16 EMERGENCY MEASURES.
If emergency measures are necessary to respond to a nuisance, to protect public
safety, health, and welfare, and/or to prevent loss of life, injury, or damage
to property, the authorized enforcement agency is authorized to carry out or arrange
for all such emergency measures. Property owners shall be responsible for the
cost of such measures made necessary as a result of a violation of this chapter,
and shall promptly reimburse the city of such costs.
(Ord. 215, passed 9-7-04) Penalty, see § 157.14
§ 157.17 COST RECOVERY FOR DAMAGE TO STORM WATER DRAINAGE SYSTEM.
Any person who discharges to a storm water drainage system or a water body, including,
but not limited to, any person who causes or creates a discharge that violates
any provision of this chapter, produces a deposit or obstruction or otherwise
damages or impairs a storm water drainage system, or
2005 S-3 Storm Water; Illicit Connections and Discharges 103
causes or contributes to a violation of any federal, state, or local law governing
the city, shall be liable to and shall fully reimburse the city for all expenses,
costs, losses or damages (direct or indirect) payable to incurred by the city
as a result of any such discharge, deposit, obstruction, damage, impairment, violation,
exceedence or noncompliance. The costs that must be reimbursed to the city shall
include, but shall not be limited to, all of the following:
(A) All costs incurred by the city in responding to the violation or discharge,
including expenses for any cleaning, repair or replacement work, and the costs
of sampling, monitoring, and treatment, as a result of the discharge, violation,
exceedence or noncompliance;
(B) All costs to the city of monitoring, surveillance, and enforcement in connection
with investigating, verifying, and prosecuting any discharge, violation, exceedence,
or noncompliance;
(C) The full amount of any fines, assessments, penalties, and claims, including
natural resource damages, levied against the city, or any city representative,
by any governmental agency or third party as a result of a violation of applicable
laws or regulations that is caused by or contributed to by any discharge, violation,
exceedence, or noncompliance; and
(D) The full value of any city staff time (including any required overtime), consultant
and engineering fees, and actual attorney fees and defense costs (including the
city legal counsel and any special legal counsel), associated with responding
to, investigating, verifying and prosecuting any discharge, violation, exceedence
or noncompliance, or otherwise enforcing the requirements of this chapter.
(Ord. 215, passed 9-7-04) Penalty, see § 157.14
§ 157.18 COLLECTION OF COSTS; LIEN.
Costs which may be recovered by the city pursuant to § 157.15 shall constitute
a lien on the premises, which shall be enforceable in accordance with Act No.
94 of the Public Acts of 1933, as amended from time to time, or as otherwise authorized
by law. Any such charges that are delinquent for six months or more may be certified
annually to the City Treasurer, who shall enter the lien on the next tax roll
against the premises, the costs shall be collected, and the lien shall be enforced
in the same manner as provided for in the collection of taxes assessed upon the
roll and the enforcement of a lien for taxes. In addition to any other lawful
enforcement methods, the city shall have all remedies authorized by Act No. 94
of the Public Acts of 1933, as amended, and by other applicable laws.
(Ord. 215, passed 9-7-04)
§ 157.19 SUSPENSION OF ACCESS TO THE STORM WATER DRAINAGE SYSTEM.
(A) Suspension due to illicit discharges in emergency situations. The authorized
enforcement agency may, without prior notice, suspend access to the storm water
drainage system to any person or
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premises when such suspension is necessary to stop an actual or threatened discharge
that presents or may present imminent and substantial danger to the environment,
or to the health or welfare of persons, or to the storm water drainage system
or a water body. If the person fails to comply with a suspension order issued
in any emergency, the authorized enforcement agency may take such steps as deemed
necessary to prevent or to minimize damage to the storm water drainage system
or the environment, or to minimize danger to persons, and bill the person for
the costs to the city in taking such steps.
(B) Suspension due to the detection of illicit discharge. Any person discharging
to the storm water drainage system in violation of this chapter may have their
access to the system terminated, if the authorized enforcement agency determines
that such termination would abate or reduce an illicit discharge. The authorized
enforcement agency will notify a violator of the proposed termination of its access.
It shall be unlawful for any person to reinstate access of the storm water drainage
system to a premises terminated pursuant to this section without the prior written
approval of the authorized enforcement agency.
(Ord. 215, passed 9-7-04) Penalty, see § 157.14
§ 157.20 APPEALS.
(A) Any person to whom any provision of this chapter has been applied may appeal
in writing to the Ottawa County Circuit Court not later than 30 days after the
action or decision being appealed. Such appeal shall identify the matter being
appealed, and the basis for the appeal. The Circuit Court shall review the record
and decision of the Board of Appeals to ensure that the decision:
(1) Complies with the constitution and laws of the state;
(2) Is based upon proper procedure;
(3) Is supported by competent, material, and substantial evidence on the record;
and
(4) Represents the reasonable exercise of discretion granted by law to the Board
of Appeals.
(B) The Circuit Court shall make a decision whereby it affirms, rejects, or modifies
the action being appealed or may remand to the city.
(Ord. 215, passed 9-7-04)
§ 157.21 JUDICIAL RELIEF.
With the approval of the city, the authorized enforcement agency may institute
legal proceedings in a court of competent jurisdiction to seek all appropriate
relief for violations of this chapter or of any permit, order, notice or agreement
issued or entered into under this chapter. The action may seek
2005 S-3 Storm Water; Illicit Connections and Discharges 105
temporary or permanent injunctive relief, damages, penalties, costs, and any other
relief, at law or equity, that a court may order. The authorized enforcement agency
may also seek collection of fines, penalties and any other amounts due to the
city that a person has not paid.
(Ord. 215, passed 9-7-04)
§ 157.22 CUMULATIVE REMEDIES.
This imposition of a single penalty, fine, order, damage, or surcharge upon any
person for violation of this chapter, or of any permit, order, notice or agreement
issued, or entered into under this chapter, shall not preclude the imposition
by the city, the authorized enforcement agency, or a court of competent jurisdiction
of a combination of any or all of those sanctions and remedies or additional sanctions
and remedies with respect to the same violation, consistent with applicable limitations
on penalty amounts under state or federal laws or regulations.
(Ord. 215, passed 9-7-04)
§ 157.23 RESPONSIBILITY TO IMPLEMENT BEST MANAGEMENT PRACTICES.
The owner or operator of a premises used for commercial or industrial purposes
shall provide, at the owner or operator’s own expense, reasonable protection
from an accidental discharge of prohibited materials or other wastes into the
storm water drainage system or water body through the use of structural and nonstructural
best management practices (BMPs). Further, any person responsible for a premises
that is, or may be, the source of an illicit discharge may be required to implement,
at the person’s expense, additional structural and nonstructural BMPs to
prevent the further discharge of pollutants to the storm water drainage system
or water body. 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.
(Ord. 215, passed 9-7-04) Penalty, see § 157.14
§ 157.24 INTERPRETATION.
Words and phrases in this chapter shall be construed according to their common
and accepted meanings, except those words and phrases defined in § 157.05
shall be construed according to the respective definitions given in that section.
Technical words and technical phrases not defined in this chapter, but which have
acquired particular meanings in law or in technical usage, shall be construed
according to such meanings.
(Ord. 215, passed 9-7-04)
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§ 157.25 CATCH-LINE HEADINGS.
The catch-line headings of the articles and sections of this chapter are intended
for convenience only, and shall not be construed as affecting the meaning or interpretation
of the text of the articles of sections to which they may refer.
(Ord. 215, passed 9-7-04)
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