CHAPTER 1045: STORM WATER

   For purpose of this subchapter, the following terms shall have the meaning herein indicated:

   (a)   “Acre.” A measurement of area equaling 43,560 square feet.

   (b)   “Authorized enforcement agency.”  Employees or designees of the director of the municipal agency designated to enforce this subchapter.

   (c)   “Best management practices (BMPs).” Schedule of activities, prohibitions of practices, maintenance procedures, and other management practices (both structural and non-structural) to minimize soil erosion and sedimentation and to prevent or reduce the pollution of water resources and wetlands, BMPs also include treatment requirements, operating procedures, and practices to control facility and/or construction site runoff, spillage, or leaks; sludge or waste disposal; or drainage from raw material storage.

   (d)   “Clean Water Act.” The federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), and any subsequent amendments thereto.

   (e)   “Community.” City of Ironton and its designated representatives, boards, or commissions.

   (f)   “Construction activity.” NPDES storm water 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. All construction activities must conform to the most current OEPA regulations for construction activity.

   (g)   “Disturbed area.” An area of land subject to erosion due to the removal of vegetative cover and/or soil-disturbing activities.

   (h)   “Erosion.”  The process by which the land surface is worn away by the action of wind, water, ice, gravity, or any combination of those forces.

   (i)   “Erosion and sediment control.” The control of soil, both mineral and organic, to minimize the removal of soil from the land surface and to prevent its transport from a disturbed area by means of wind, water, ice, gravity, or any combination of those forces.

   (j)   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.

   (k)   Illegal discharge.”  Any direct or indirect non-storm water discharge to the storm drain system, except as exempted in this subchapter.

   (l)   “Illicit connections.” 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-storm water 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.

   (m)   “Industrial activity.”  Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b)(14).

   (n)   “Larger common plan of development or sale.”  A contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan.

   (o)   “MS4 (Municipal Separate Storm Sewer System).”  Publicly-owned facilities by which storm water 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, ditches, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.

   (p)   “National Pollutant Discharge Elimination System (NPDES) Storm Water 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.

   (q)   “Non-storm water discharge.” Any discharge to the storm drain system that is not composed entirely of storm water.

   (r)   “NPDES.” National Pollutant Discharge Elimination System. A regulatory program in the Federal Clean Water Act that prohibits the discharge of pollutants into surface waters of the United States without a permit.

   (s)   “Ohio EPA NPDES general construction permit.”  A permit issued by the Ohio Environmental Protection Agency to an applicant for the discharge of storm water from sites where construction activity is being conducted with discharges to subsequent receiving waters.

   (t)   “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.

   (u)   “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.

   (v)   “Premises.”  Any building, lot, parcel of land, or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips.

   (w)   “Rainwater and Land Development Manual (RWLD).” Issued by Ohio Department of Natural Resources. The RWLD Manual contains Ohio’s minimum technical standards for post construction storm water quality and erosion and sediment control standards. The most current edition of these standards shall be applicable with this chapter.

   (x)   “Runoff.”  The portion of rainfall, melted snow, or irrigation water that flows across the ground surface and is eventually conveyed to water resources or wetlands.

   (y)   “Sediment.”  The soils or other surface materials that are transported or deposited by the action of wind, water, ice, gravity, or any combination of those forces, as a product of erosion.

   (z)   “Sedimentation.”  The deposition or settling of sediment.

   (aa)   “Setback.” A designated transition area around water resources or wetlands that is left in a natural, usually vegetated, state so as to protect the water resources or wetlands from runoff pollution. Soil-disturbing activities in this area are restricted by this subchapter.

   (bb)   “Soil-disturbing activity.” Clearing, grubbing, grading, excavating, filling, or other alteration of the earth’s surface where natural or human made ground cover is destroyed and that may result in, or contribute to, erosion and sediment pollution.

   (cc)   “Soil erodibility.”  The susceptibility of soil to erosion and the amount and rate of runoff, as measured under the standard unit plot condition. “Soil erodibility” factors are available in the County Soil Survey.

   (dd)   “Stream.”  A surface water course with a well defined bed and bank, either natural or artificial, which confines and conducts continuous or periodical flowing water in such a way that terrestrial vegetation cannot establish roots within the channel.

   (ee)   “Storm water.” Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.

   (ff)   “Storm Water 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 storm water, storm water conveyance systems, and/or receiving waters to the maximum extent practicable.

   (gg)   “Storm Water Pollution Prevention Plan Checklist.”  Details the minimum requirements of a SWP3 this document is available from the authorized agency or Ohio EPA.

   (hh)   “Wastewater.”  Any water or other liquid, other than uncontaminated storm water, discharged from a facility.

   (ii)   “Water resource.”  Any public or private body of water, including lakes and ponds, as well as any brook, creek, river, or stream having banks, a defined bed, and a definite direction of flow, either continuously or intermittently flowing.

   (jj)   “Wetland.” Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas (33 C.F.R. part 328, as amended).

   (kk)   “Wetland professional.”  An individual with training and experience in wetland delineation acceptable to the U.S. Army Corp of Engineers.

(Ord. 08-111, passed 9-22-2008)

(a)   Purpose and scope.

      (1)   The purpose of this § 1045.11 is to establish technically feasible and economically reasonable standards to achieve a level of erosion and sediment control that will minimize damage to property and degradation of water resources and wetlands, and will promote and maintain the health and safety of the citizens of Ironton.

      (2)   This section will:

         A.   Allow development while  minimizing increases in erosion and sedimentation.

         B.   Reduce water quality impacts to receiving water resources and wetlands that may be caused by new development or redevelopment activities.

   (b)   Regulated activities.  Section 1045.11 applies to all regulated discharges outlined in the eligibility section of the most recent version of the Ohio EPA General Construction Storm Water Permit.

   (c)   Application procedures.

      (1)   Applicants must submit the following documentation to the permitting authority prior to construction:

         A.   An Ohio EPA General Construction Storm Water Permit notice of intent form.

         B.   Site location map.

         C.   Two copies of a Storm Water Pollution Prevention Plan (SWP3). One copy of the approved SWP3 will be returned to the applicant.

      (2)   Criteria for the listed documentation must be the same as outlined in the most current Ohio Environmental Protection Agency (EPA) National Pollution Discharge Elimination (NPDES) General Storm Water Permit for Construction Activities. Within 30 calendar days of the receipt of all documentation, the permitting authority shall approve or disapprove the application for a sediment erosion control permit. A statement of disapproval shall include the reason therefore and shall identify the deficiencies in the documentation and shall state the procedures for filing a revised plan. Upon receipt of revised documentation, the plan reviewer shall respond with approval or disapproval within 30 calendar days. Once final approval has been made and a permit issued, any subsequent changes shall be approved in writing by the authorized agency.

      (3)   The permittee must also obtain coverage under the Ohio EPA General Construction Storm Water Permit before earth disturbance begins. A copy of the Ohio EPA coverage letter shall be mailed to the MS4 permitting authority as evidence of coverage. If the operator of a project fails to obtain Ohio EPA General Construction Storm Water Permit coverage the project will be considered an illicit discharge.

   (d)   Storm Water Pollution Prevention Plan.  The applicant shall submit a Storm Water Pollution Prevention Plan (SWP3) consistent with the requirements set forth in the most recent Ohio EPA NPDES General Construction Permit. For specific requirements of an SWP3, the designer shall refer to SWP3 check list. The SWP3 must address erosion and sediment control during construction as well as post- construction practices. Post-construction practices must meet the requirements of the most recent Ohio EPA General Construction Storm Water Permit. The SWP3 shall incorporate measures as recommended by the most current edition of Rainwater and Land Development Manual as published by the Ohio Department of Natural Resources.

      (1)   Non-structural post-construction water quality practices.  Non-structural post-construction best management practices include preservation, planning, or procedures that direct development away from water resources or limit creation of impervious surfaces. Practices such as conservation easements, riparian and wetland setbacks, and conservation subdivision design are all non-structural controls.

         A.   All non-structural water quality practices must be protected from disturbance through the construction phase of the project.

         B.   All non-structural water quality practices must be protected in perpetuity through the use of appropriate legal tools. All easement or conservation areas must be clearly shown and described on the current deed for the subject property and recorded in the Lawrence County, Ohio Recorder’s office and be disclosed to potential buyers.

      (2)   Structural water quality practices. Structural post-construction best management practices are permanent features constructed to provide treatment of storm water runoff either through storage, filtration, or infiltration.

         A.   All structural water quality practices must be established prior to the completion of the project. Structural water quality practices should be made functional once the disturbed areas on site are stabilized. If detention/retention facilities were used for sediment control

during development sediments must be removed prior to the basin being used for post construction storm water quality.

         B.   Maintenance. The post- construction water quality practice must be maintained in perpetuity by those parties identified in the SWP3 or the Storm Water Management Maintenance Agreement.

   (e)   Compliance with local, state, and federal regulations.  All submittals are required to show proof of compliance with all state and federal regulations. Approvals issued in accordance with this subchapter do not relieve the applicant of responsibility for obtaining all other necessary permits and/or approvals from the Ohio EPA, the U.S. Army Corps of Engineers, and other federal, state, and/or county agencies, if requirements vary, the most restrictive requirement shall prevail. These permits may include, but are not limited to, those listed below:

      (1)   Section 401 of the Clean Water Act. Proof of compliance shall be a copy of the Ohio EPA Water Quality Certification application tracking number, public notice, or approval letter..

      (2)   Ohio EPA Isolated Wetland Permit. Proof of compliance shall be a copy of Ohio EPA’s Isolated Wetland Permit application tracking number, public notice, or a project approval letter. Isolated wetlands shall be delineated by protocols accepted by the U.S. Army Corps of Engineers.

      (3)   Section 404 of the Clean Water Act. Proof of compliance shall be a copy of the U.S. Army Corps of Engineers Individual Permit application, a copy of the applicable Nationwide Permit, public notice, or project approval letter.

      (4)   Ohio Dam Safety Law. Proof of compliance shall be a copy of the Ohio Department of Natural Resources, Division of Water permit application tracking number, a copy of the project approval letter from the Ohio Department of Natural Resources Division of Water.

      (5)   Ohio EPA NPDES Permits authorizing storm water discharges associated with construction activity or the most current version thereof.  Proof of compliance with these requirements shall be the applicant’s copy of the Ohio EPA Director’s Authorization Letter for the NPDES Permit, or a letter from the site owner certifying and explaining why the NPDES Permit is not applicable.

   (f)   Fees.

      (1)   All plan submittals required in this § 1045.11 shall be accompanied by a fee payable in cash or by check to the city according to the following schedule at the time of initial submittal:

         A.   For developments involving one but less than five acres shall be two hundred dollars ($200.00).

         B.   For developments involving five or more acres, shall be two hundred dollars ($200.00) plus twenty dollars ($20.00) per acre over five acres.

      (2)   In addition to the fees set forth above, the plan reviewer, before issuing such a permit may charge and collect a penalty in every case where work or development otherwise covered by this subchapter has actually commenced prior to the issuance of a permit according to the following schedule:

         A.   For developments involving one but less than five acres, the penalty shall be two hundred dollars ($200.00).

         B.   For developments involving five or more acres the penalty shall be two hundred dollars ($200.00) plus twenty dollars ($20.00) per acre over five acres.

(Ord. 08-111, passed 9-22-2008)

 (a)   Purpose/intent.  The purpose of this § 1045.12 is to provide for the health, safety, and general welfare of the citizens of the city through the regulation of non-storm water discharges to the storm drainage system to the maximum extent practicable as required by federal, state and local law. This section 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 section are:

      (1)   To regulate the contribution of pollutants to the (MS4) by storm water discharges by any user.

      (2)   To prohibit illicit connections and discharges to the MS4.

      (3)   To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this section.

   (b)   Applicability.  This section shall apply to all water entering the MS4 generated on any developed and undeveloped lands unless explicitly exempted by an authorized enforcement agency.

   (c)   Discharge prohibitions.

      (1)   Prohibition of illegal discharges.  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 storm water. The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows:

         A.   Waterline flushing; landscape irrigation; diverted stream flows; rising ground waters; uncontaminated ground water infiltration (“infiltration” is defined as water other than wastewater that enters a sewer system, including sewer service connections and foundation drains, from the ground, through such means as defective pipes, pipe joints, connections, or manholes. “Infiltration” does not include, and is distinguished from, inflow.); uncontaminated pumped ground water; discharges from potable water sources; foundation drains; air conditioning condensate; irrigation water; springs; water from crawl space pumps; footing drains; lawn watering; individual residential car washing; flows from riparian habitats and wetlands; dechlorinated swimming pool discharges; street wash water; and discharges or flows from fire fighting activities. Discharges specified in writing by the authorized enforcement agency as being necessary to protect public health and safety. Dye testing is an allowable discharge, but requires a verbal notification to the authorized enforcement agency prior to the time of the test. The prohibition shall not apply to any non-storm water 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, 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.

      (2)   Prohibition of illicit connections.

         A.   The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited.

         B.   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.

         C.   A person is considered to be in violation of this section if the person connects a line conveying sewage to the MS4, or allows such a connection to continue.

   (d)   Suspension of MS4 access.

      (1)   Suspension due to illicit discharges in emergency situations.  The city 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 state. 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 state, or to minimize danger to persons.

      (2)   Suspension due to the detection of illicit discharge.  Any person discharging to the MS4 in violation of this section may have his or her 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.

      (3)   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.

   (e)   Industrial or construction activity discharges.  Any person subject to an industrial or construction activity NPDES storm water 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.

   (f)   Requirement to prevent, control, and reduce storm water pollutants by the use of best management practices.  The city will require best management practices for any activity, operation, or facility which may cause or contribute to pollution or contamination of storm water, the MS4, or waters of the state. 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 MS4 or watercourses through the use of these structural and non-structural 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 non-structural BMPs to prevent the further discharge of pollutants to the MS4. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of storm water associated with this § 1045.12, to the extent practicable, shall be deemed compliance with the provisions of this section. These BMPs shall be part of a storm water pollution prevention plan (SWPPP) as necessary for compliance with requirements of the NPDES permit.

   (g)   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, and other obstacles that would pollute and contaminate. 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.

   (h)   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 storm water, the storm drain system, or water of the state, 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 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 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.

(Ord. 08-111, passed 9-22-2008)