ORDINANCE NO. 20-32
STORM WATER MANAGEMENT AND DECLARING AN EMERGENCY
Sponsored By: Haney, Pierce
WHEREAS, the City of Ironton, Ohio desires to enact an ordinance to comply with Ohio Law as it relates to storm water runoff on new residential construction and commercial construction; and,
WHEREAS, this Ordinance is adopted to encourage planning to ensure that new development shall preserve at least the existing capacity of water courses and streams and not increase the potential for flooding and shall be accomplished without accelerated without storm water runoff, erosion, and sediment pollution; and,
WHEREAS, Control of such efforts will promote and maintain the health, safety, and general well-being of the citizens of the City of Ironton.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF IRONTON, STATE OF OHIO:
SECTION I:
PURPOSE AND SCOPE.
(a) The purpose of this chapter 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 the City of Ironton.
(b) This will:
(1) Allow development while minimizing increases in erosion and sedimentation.
(2) Reduce water quality impacts to receiving water resources and wetlands that may be caused by new development or redevelopment activities.
REGULATED ACTIVITIES.
- This chapter applies to all regulated discharges outlined in the eligibility section of the most recent version of the Ohio EPA General Construction Storm Water Permit.
APPLICATION PROCEDURES.
(a) Applicants must submit the following documentation to the City of Ironton prior to construction:
(1) An Ohio EPA General Construction Storm Water Permit notice of intent form.
(2) Site location map.
(3) Two (2) copies of a Storm Water Pollution Prevention Plan (SWP3). One (1) copy of the approved (SWP3) will be returned to the applicant.
(b) Criteria for the listed documentation must be the same as outlined in the most current Ohio Environmental Protection Agency (EPA) National Pollution Discharge Elimination Standards (NPDES) General Storm Water Permit for Construction Activities. Within thirty (30) calendar days of the receipt of all documentation and payment of applicable fees, the City of Ironton shall approve or disapprove the application for a sediment erosion control permit. A statement of disapproval shall include the reason therefor 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 twenty-one (21) calendar days. Each application consists of one (1) initial review of the application documentation, and, if necessary, one (1) review of revised documentation. If the submission of the revised documentation is disapproved, a new application and fee will be required for processing. Once final approval has been made and a permit issued, any subsequent changes shall be approved in writing by the authorized agency.
(c) 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 Stormwater Permit coverage the project will be considered an Illicit Discharge.
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 a 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 Stormwater Permit. The SWP3 shall comply with the most current edition of Rainwater and Land Development Manual as published by the Ohio Department of Natural Resources.
(a) 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.
(1) All non-structural water quality practices must be protected from disturbance through the construction phase of the project.
(2) All non-structural water quality practices must be protected in perpetuity through the use of appropriate legal tools. All easement or conservation areas must appear on the final plat and be disclosed to potential buyers.
(b) 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.
(1) 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.
(2) 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.
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 Chapter 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.
(a) 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.
(b) 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.
(c) 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.
(d) 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.
(e) 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.
FEES.
(a) All plan submittals required in these regulations shall be accompanied by a fee payable to the City of Ironton according to the following schedule at the time of initial submittal:
(1) For developments involving at least one (1) but less than five (5) acres, the fee shall be two hundred dollars ($200.00) for the first acre, plus fifty dollars ($50.00) for each additional acre or fraction thereof.
(2) For developments involving five (5) or more acres, the fee shall be five hundred dollars ($500.00) for the first five (5) acres, plus fifty dollars ($50.00) for each additional acre or fraction thereof.
(b) If it is determined that the City requires engineering services to evaluate, monitor, and/or enforce the terms of any plan, the City may require the developer to pay the entire cost of those engineering services. The City may obtain an estimate of the cost of said engineering services, and may require the developer to provide a bond to cover the anticipated cost of such engineering services.
(c) In addition to the fees set forth above, the City of Ironton, before issuing such a permit may charge and collect a penalty in every case where work or development otherwise covered by this chapter has actually commenced prior to the issuance of a permit according to the following schedule:
(1) For developments involving at least one (1) acre but less than five (5) acres the penalty shall be one hundred dollars ($100.00) per acre or fraction thereof.
(2) For developments involving five (5) or more acres the penalty shall be two hundred fifty dollars ($250.00) per acre or fraction thereof.
SECTION II:
Illicit Discharge and Connection Elimination
PURPOSE/INTENT.
The purpose of this is to provide for the health, safety, and general welfare of the citizens of the City of Ironton 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 part 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 Standards (NPDES) permit process. The objectives of these regulations are:
(a) To regulate the contribution of pollutants to the (MS4) by stormwater discharges by any user.
(b) To prohibit illicit connections and discharges to the MS4.
(c) To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this chapter.
APPLICABILITY.
This part shall apply to all water entering the MS4 generated on any developed and undeveloped lands unless explicitly exempted by the City of Ironton.
DISCHARGE PROHIBITIONS.
(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 storm water.
(2) The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows:
(3) 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 firefighting 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.
(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 part if the person connects a line conveying sewage to the MS4, or allows such a connection to continue.
SUSPENSION OF MS4 ACCESS.
(a) Suspension Due to lllicit Discharges in Emergency Situations. The City of Ironton 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.
(b) Suspension Due to the Detection of Illicit Discharge. Any person discharging to the MS4 in violation of this chapter may have his/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.
(c) 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.
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 of Ironton prior to the allowing of discharges to the MS4.
REQUIREMENT TO PREVENT, CONTROL, AND REDUCE STORM WATER POLLUTANTS BY THE USE OF BEST MANAGEMENT PRACTICES.
The City of Ironton will require Best Management Practices (BMP), as defined in the most current edition of Rainwater and Land Development Manual as published by the Ohio Department of Natural Resources or as deemed appropriate by the City of Ironton, 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/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 premise, 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 chapter, 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.
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.
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 Engineer within three (3) 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 (3) years.
Enforcement of the Water Quality Regulations
NOTICE OF VIOLATION.
Whenever the City of Ironton finds that a person has violated a prohibition or failed to meet a requirement of any part of this chapter, the City of Ironton may order compliance by written notice of violation to the responsible person. Such notice may include but is not be limited to the following:
(a) The performance of monitoring, analyses, and reporting;
(b) The elimination of illicit connections or discharges;
(c) The elimination of causes of violations pertaining to the requirements set forth in the Ohio EPA General Construction Stormwater Permit;
(d) The elimination of causes of violations pertaining to the requirements set forth for MS4 operator in the Ohio EPA Municipal Storm System Permit also known as the (MS4) General Permit.
(e) That violating discharges, practices, or operations shall cease and desist;
(f) The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; and
(g) Payment of a fine to cover administrative and remediation costs; and
(h) The implementation of source control or treatment BMPs.
No person shall violate or cause or knowingly permit to be violated any of the provisions of any section of this chapter, or fail to comply with any of such provisions or with any lawful requirements of any public authority made pursuant to these regulations, or knowingly use or cause or permit the use of any lands in violation of these regulations or in violation of any permit granted under this chapter.
Upon finding a violation, the City of Ironton may issue a notice of violation, stop order, or corrective order to any person causing or permitting the violation.
APPEAL OF NOTICE OF VIOLATION.
Any person receiving a Notice of Violation may appeal the determination of the City of Ironton. The notice of appeal must be received within thirty (30) days from the date of the Notice of Violation. Hearing on the appeal will be before the Zoning Enforcement Board.
ENFORCEMENT MEASURES AFTER APPEAL.
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 the timeframe fixed by the Zoning Enforcement Board upholding the decision of the City of Ironton, then representatives of the City of Ironton 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 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.
ACCESS TO FACILITIES.
(a) The City of Ironton may enter a site at any time during normal business hours, and at other reasonable times, to inspect, investigate, or monitor activities subject to this chapter. If the person in charge of the site does not consent to any entry by a representative of the City of Ironton, with the assistance of the City Solicitor, must obtain an administrative search warrant from a court with jurisdiction by showing that reasonable administrative standards for inspecting the site have been met.
(b) A representative of the City of Ironton shall be permitted to enter and inspect facilities subject to regulation under this chapter as often as may be necessary to determine compliance with this chapter. 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 City of Ironton.
(c) Facility operators shall allow the City of Ironton 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 storm water, and the performance of any additional duties as defined by state and federal law.
(d) The City of Ironton 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 storm water or illicit discharge.
(e) The City of Ironton 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.
(f) 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 City of Ironton and shall not be replaced.
The costs of clearing such access shall be borne by the operator.
(g) If a representative of the City of Ironton has been refused access to any part of the premises from which storm water is discharged, and he/she 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 any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the City of Ironton may seek issuance of a search warrant from any court of competent jurisdiction.
PENALTIES.
Any person, firm, or corporation violating any of the provisions of the rules and regulations in this chapter shall be required to take the remedial actions and be subject to civil penalties as follows:
(a) The City shall have the right to recover the lesser of four hundred fifty dollars ($450.00) per day for each day that the violation exists or all damages proximately caused by the violation to the Municipality, which may include any reasonable expenses incurred in investigating violations, expenses involved in rectifying any damages, costs and attorney fees incurred by the authorized agency as the result of enforcing violations of this chapter.
(b) In addition to the above remedial measures, any person, firm or corporation guilty of violating any of the provisions of this chapter shall be subject to a fine of up to fifty dollars ($50.00) per day for each day the violation exists, beginning the first day of the violation and continuing each day thereafter until the violation is corrected. Each day that a violation of this chapter exists shall constitute a separate offense.
(c) In addition to the remedies and civil penalties set forth above, The City of Ironton may bring legal action to enjoin the continuing violation of this chapter, and the existence of any other remedy, at law or equity, shall be no defense to any such actions.
(d) The remedies and penalties set forth in this section shall be cumulative, not exclusive, and it shall not be a defense to any action, civil or criminal, that one or more of the remedies set forth herein has been sought or granted. 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, if the violator fails 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 through means designated by the permitting authority.
COST OF ABATEMENT OF THE VIOLATION.
(a) Within thirty (30) 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 thirty (30) days. If the amount due is not paid within a timely manner as determined by the decision of the City 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.
(b) Any person violating any of the provisions of this chapter shall become liable to the Municipality by reason of such violation. The liability shall be paid in not more than twelve (12) equal monthly payments. Interest at the rate of four percent (4%) per annum shall be assessed on the balance beginning on the first day following discovery of the violation.
INJUNCTIVE RELIEF.
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. If a person has violated or continues to violate the provisions of this chapter, the City 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.
COMPENSATORY ACTION.
In lieu of enforcement proceedings, penalties, and remedies authorized by this chapter, the City may impose upon a violator, alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc.
VIOLATIONS DEEMED A PUBLIC NUISANCE.
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 chapter 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.
DISCLAIMER OF LIABILITY.
Compliance with the provisions of this chapter shall not relieve any person from responsibility for damage to any person otherwise imposed by law. The provisions of these regulations are promulgated to promote the health, safety, and welfare of the public and are not designed for the benefit of any individual or for the benefit of any particular parcel of property.
CONFLICTS, SEVERABILITY, NUISANCES AND RESPONSIBILITY.
(a) Where any part of this chapter is in conflict with other provisions of law, regulation, or ordinance, the most restrictive provisions shall prevail.
(b) If any clause, section, or provision of any part of this chapter is declared invalid or unconstitutional by a court of competent jurisdiction, the validity of the remainder shall not be affected thereby.
(c) No part of this chapter shall be construed as authorizing any person to maintain a private or public nuisance on their property, and compliance with the provisions of this chapter shall not be a defense in any action to abate such a nuisance.
(d) Failure of the City of Ironton to observe or recognize hazardous or unsightly conditions or to recommend corrective measures shall not relieve the site owner from the responsibility for the condition or damage resulting there from, and shall not result in the City of Ironton, its officers, employees, or agents being responsible for any condition or damage resulting therefrom.
(e) The standards set forth herein and promulgated pursuant to these regulations are minimum standards; therefore, these regulations do not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants.
REMEDIES NOT EXCLUSIVE.
The remedies listed in this chapter are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the City of Ironton to seek cumulative remedies.
SECTION III:
That this Ordinance is hereby declared an emergency measure necessary for the public peace, welfare and safety of the Citizens of the City of Ironton, Ohio.
Adopted this day of , 2020 at Ironton, Ohio.