Resolution 2003-35 STATE OF ILLINOIS )
)SS
COUNTY OF]KENDALL )
RESOLUTION X003 3S
RESOLUTION TO PAY THE NATIONAL POLLUTANT DISCHARGE ELIMINATION
SYSTEM FEES TO THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
UNDER PROTEST AND TO AUTHORIZE THE MAYOR TO EXECUTE AND SUBMIT
A PROTEST LETTER
WHEREAS,Public Act 93-0032 authorized the Illinois Environmental Protection
Agency(EPA)to collect fees from municipalities for National Pollutant Discharge Elimination
System Phase II Storm Water Permits (NPNES); and
WHEREAS, previously, municipalities have been an exempt entity from said permit fees;
and
WHEREAS, the United City of Yorkville has received a Noncompliance Advisory Letter
requiring the United City of Yorkville to submit a Notice of Intent application for NPNES
coverage and the newly enacted fee; and
WHEREAS,the Illinois Municipal League has advised all municipalities requiring
coverage to submit said application and fee to the Illinois EPA under protest; and
WHEREAS,the Mayor and City Council deem it to be in the best interest of the City
submit said application and fee under protest to the Illinois EPA:
NOW THEREFORE BE IT RESOLVED BY THE UNITED CITY OF YORKVILLE,
upon motion duly made, seconded, and approved by a majority of those Alderman voting,the
Mayor is hereby authorized to submit the NPNES application and fee to the Illinois EPA under
t
protest and expressly authorized to execute and submit a letter of protest to the Illinois
Environmental Protection Agency on behalf of the United City of Yorkville.
PAUL JAMES MARTY MUNNS
RICHARD STICKA WANDA OHARE
VALERIE BURD � ROSE SPEARS
LARRY KOT � JOSEPH BESCO
APPROVED by me, as Mayor of the United City of Yorkville,Kendall County, Illinois,
this day of ��, A.D. 2003
MAYOR
PASSED by the City Council of the United City of Yorkville,Kendall County, Illinois
this tea. day of ,A.D. 2003
I
Attest:
CITY CLERK
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
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ILLINOIS ENVIRONMENTAL PROTECTION AGENCY Input forms in Word format are available
NOTICE OF INTENT by via email.
FOR GENERAL PERMIT FOR DISCHARGES FROM or by n. ling the Seate.il.ut
or by calling the Permit Section at
SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEMS 2171782-0810
(MS4s) See address for mailing on page 4
�./ For Office Use Only—Permit No. ILR40
Part I. General Information
1. MS4 Operator Name: THE UNITED CITY OF YORKVILLE
2. MS4 Operator Mailing Address:
Street- 800 GAME FARM RD City-YORKVILLE
State- IL Zip Code- 60560
3. Operator Type: CITY
4. Operator Status: LOCAL
5. Name(s) of Governmental Entity(ies) in which MS4 is located: CITY OF YORKVILLE
6. Area of land that drains to your MS4 (in square miles): Approximately 8.4 Square Miles
5. Latitude/Longitude at approximate geographical center of MS4 for which you are requesting
authorization to discharge:
Latitude: 41 37 30 Longitude: 88 37 00
DEC. MIN. SEC. DEG. MIN SEC.
8. Name(s) of known receiving waters: Attach additional sheets (Attachment 1) as necessary:
1. Fox River 2. Blackberry Creek
3. Rob Roy Creek 4. Aux Sable Creek
5. Morgan Creek 6.
7. 8.
9. 10.
1. Persons Responsible for Implementation/Coordination of Storm Water Management Program:
Name Title Telephone No. Area of Responsibility
City (630)-553-
Joe Wywrot Engineer 4350 City Engineering and Infrastructure
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Information required by this form must be provided to comply with 415 I ,CS 5/39(2000). Failure to do so may prevent this form from being processed and could
result in your application being denied.
Page 1
Part II. Best Management Practices (include shared responsibilities) Proposed to be
Implemented in the MS4 Area
(Details of BMP implementation for each checked BMP number, e.g.,A.1,E.2, is required in Part IV of
this NOI.)
A. Public Education and Outreach D. Construction Site Runoff Control
® A.1 Distributed Paper Material ❑ D.1 Regulatory Control Program
❑ A.2 Speaking Engagement ❑ D.2 Erosion and Sediment Control BMPs
❑ A.3 Public Service Announcement ® D.3 Other Waste Control Program
® A.4 Community Event ❑ DA Site Plan Review Procedures
❑ A.5 Classroom Education Material ❑ D.5 Public Information Handling Procedures
® A.6 Other Public Education ❑ D.6 Site Inspection/Enforcement Procedures
❑ D.7 Other Construction Site Runoff Controls
B. Public Participation/Involvement
❑ B.1 Public Panel E. Post-Construction Runoff Control
❑ B.2 Educational Volunteer ❑ E.1 Community Control Strategy
❑ B.3 Stakeholder Meeting ❑ E.2 Regulatory Control Program
❑ B.4 Public Hearing ❑ E.3 Long Term O&M Procedures
❑ B.5 Volunteer Monitoring ® EA Pre-Const Review of BMP Designs
❑ B.6 Program Coordination ❑ E.5 Site Inspections During Construction
® B.7 Other Public Involvement ❑ E.6 Post-Construction Inspections
® E.7 Other Post-Coast Runoff Controls
C. Illicit Discharge Detection and Elimination
® C.1 Storm Sewer Map Preparation F.Pollution Prevention/Good Housekeeping
❑ C.2 Regulatory Control Program ❑ F.1 Employee Training Program
❑ C.3 Detection/Elimination Prioritization Plan ❑ F.2 Inspection and Maintenance Program
❑ CA Illicit Discharge Tracing Procedures ® F.3 Muni Operations Storm Water Control
❑ C.5 Illicit Source Removal Procedures ❑ F.4 Municipal Operations Waste Disposal
❑ C.6 Program Evaluation and Assessment ❑ F.5 Flood Management/Assess Guidelines
® C.7 Visual Dry Weather Screening ❑ F.6 Other Municipal Operations Controls
❑ C.8 Pollutant Field Testing
❑ C.9 Public Notification
❑ C.10 Other Illicit Discharge Controls
Information required by this form must be provided to comply with 415 ILCS 5/39(2000). Failure to do so may prevent this form from being processed and could
result in your application being denied.
Page 2
Fart III. Qualifying Local Programs
Attach additional sheets(Attachment 2) as necessary:
(Describe any qualifying local programs that you will implement in lieu of new permitting requirements)
1. Public Education and Outreach:
The United City of Yorkville currently utilizes a City Newsletter that is distributed on a quarterly basis
to all City residents by way of mail. The Newsletter features occasional articles regarding stormwater
management and/or pollution control.
Through brochure distribution at city hall, the City of Yorkville supplies the Aux Sable Creek Watershed
brochure which provides information about the Watershed and Creek,including protection,pollution
and additional other topics.
The City of Yorkville maintains signage throughout the City entitled"Protect our Watershed" to make
residents aware of the existing watersheds and impact of pollution on the Blackberry Creek and Fox
River Watersheds.
2. Public Participation/Involvement:
The United City of Yorkville regularly holds public hearings in which concerned individuals or entities
are allowed to speak or express concerns regarding any issues including those regarding stormwater
management or pollution controls.
The City currently hosts a Stream Clean-up Program along the Fox River to continue to protect the
shoreline from trash and potentially polluting materials. Currently the clean-up occurs on an annual to
biannual basis by youth groups like the boy and girl scouts.
The City also actively participates in the Adopt-A-highway Program that is in place throughout the
country. This program is in place:along State Highway 47 and U.S. Route 34. This actively promotes the
removal of debris from local watersheds and watercourses in an effort to promote clean drainage ways.
3. Illicit Discharge Detection and Elimination:
Under the City Code for the United City of Yorkville it is stated under Ordinance 7-6-2 for Use of Public
Sewers Required that, "It shall be unlawful to discharge to any natural outlet within the City or in any
area under the jurisdiction of said City, any sewage or other polluted water..." This ordinance also
empowers the City Administrator to take the necessary action in delivering fines as necessary to rectify
the situation.
Information required by this form must be provided to comply with 415 ILCS 5/39(2000). Failure to do so may prevent this form from being processed and could
result in your application being denied. Page 3
4. Construction Site Runoff Control:
The United City of Yorkville currently maintains a comprehensive Soil and Erosion Control Ordinance
that sets forth the proper procedures for development with the intension to minimize damage and
pollution to local stormwater conveyances and local streams. The City also possesses a comprehensive
Subdivision Control Ordinance that provides the guidelines for orderly development of property and
additional submittal and review procedures. Within these two ordinances He control measures and
BMP's to protect stormwater management facilities and local water bodies. Furthermore the
Subdivision Control Ordinance empowers the City Engineer to provide additional protection
requirements when needed and levy fines as necessary.
The Building Department currently maintains a method of responding to complaints from residents. A
service report is used to document and respond to the complaints and the resolutions to the problem are
noted on that service record.
5. Post-Construction Runoff Control:
The Soil and Erosion Control Ordinance and the Subdivision Control Ordinance of The United City of
Yorkville continue to address post-construction runoff in the same manner that the ordinances address
construction site runoff. The ordinances set forth required protection for areas until the required
vegetation has taken hold and consequences for not providing the necessary post-construction site
protection. The Subdivision Control Ordinance empowers the City Engineer to take action as needed
similar to during construction times.
6. Pollution Prevention/Good Housekeeping:
The City of Yorkville manages its municipal fleet based on the manufacturer's specifications. The
Department of Public Works also has a change out program to avoid keeping older equipment that tends
to be prone to leaking.
The United City of Yorkville currently provides street cleaning and storm drain cleaning as needed.
Since the City does not currently possess a street cleaner/sweeper, the service is provided on an annual
basis by an outside vendor and more often if needed.
•The City also maintains Spill Response equipment and measures should materials be found to be leaking
or leaving a designated area.
The City currently manages and stores its salt supply away from the elements in a protected area.
The City of Yorkville has been active in flood management and is a member of the National Flood
Insurance Program (NFIP). The City has been active in Flood Mapping and is currently undergoing the
mapping for the Rob Roy Creek floodplain that was previously unstudied. The City funded the study
and is forwarding the effort to map the resulting floodway and floodplain.
Information required by this form must be provided to comply with 415 ILCS 5/39(2000). Failure to do so may prevent this form from being processed and could
result in your application being denied.
Page 4
Part IV. Measurable Goals (include shared responsibilities) Proposed to be Implemented by the MS4
Attach additional sheets(Attachment 3) as necessary
(BMP No.should match that checked in Part H of this NOL The applicant may repeat the same BMP No. where more than one
BMP of similar type is to be implemented. Where necessary,attach additional sheets to provide more detail on each specific BMP.)
BMP No.Al
Brief Description of BMP:
Distributed Paper Material
To make the public more aware of local water bodies and how the public can be more informed on water quality,The
United City of Yorkville would like to provide occasional newspaper articles in the local paper. Newspaper articles are to
vary in length and context ranging from local streams,rivers,wetlands and topics regarding protection of these water
bodies along with signs of pollution.
Measurable Goal(s), including frequencies:
Milestones:
Year 1: Collect information to be included in articles.
Year 2: Determine proper format and potential article writers.
Year 3: Print inaugural run of newspaper article(s).
Year 4: Print up to three additional articles.
Year 5: Continue running articles in newspaper; request opinions.
BMP No. A4
Brief Description of BMP:
Community Event
The City of Yorkville hosts the Fox River Festival along the riverfront of the Fox River on an annual basis. The
goal is to provide a display booth with brochures to promote awareness of the Fox River and the greater watershed area.
This may include maps of the Fox River and information about normal everyday pollutants and their harmful effects on
fish,birds and other water dependant wildlife and plant life.
Measurable Goal(s), including frequencies:
Milestones:
Year 1: Assign duties of display booth to individual or individuals.
Year 2: Individual(s) to collect information and/or conduct research if needed.
Year 3: Inaugural display booth at Fox River Festival.
Year 4: Continue display booth with possible resident feedback.
Year 5: Continue future display booths.
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Information required by this form must be provided to comply with 415 ILCS 5/39(2000). Failure to do so may prevent this form from being processed and could
result in your application being denied.
Page 5
BMP No. A6
Brief Description of BMP:
Other Public Education
Increase Signage of Local Rivers and Streams—The United City of Yorkville is undergoing an increase in
development and will therefore increase the signage on local streams and creeks in newer developments. Most
importantly signage will be added on the Rob Roy Creek and Fox River areas where agriculture was previously the
predominant land use. This procedure will be another effort to expose these natural areas to visitors and increase the
awareness of city and area residents as well. Along with the submittal of construction plans for review,developers will be
encouraged to provide signage for any local water bodies encountered within the construction area/limits.
Measurable Goal(s), including frequencies:
Milestones:
Year 1: Develop signage standards.
Year 2: Determine prioritization plan for stream signage.
Year 3: Determine proper location for signage and coordinate with highway dept.
Year 4: Organize installation of tributary signage along Rob Roy Creek.
Year 5: Organize installation of tributary signage throughout Fox River Watershed.
BMP No. B7
Brief Description of BMP:
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Other Public Involvement
The City of Yorkville intends to make available stencils to encourage the marking of storm drains within City limits.
These stencils will be made available to the public by the City of Yorkville at a location to be determined at a later date.
The stencils will resemble a fish or similar object in shape. These stenciled inlets will make unaware residents notice that
all stormwater,pollutants, and other items are being discharged to a local stream.
Measurable Goal(s),including frequencies:
Milestones:
Year 1: Acquire funding for stencils and program setup.
Year 2: Determine stencil design for various storm sewers.
Year 3: Acquire appropriate stencils.
Year 4: Notify residents of program availability and layout.
Year 5: Make materials available to City of Yorkville residents.
Information required by this form must be provided to comply with 415 ILCS 5/39(2000). Failure to do so may prevent this form from being processed and could
result in your application being denied. Page 6
Part V. Certification
I certify under penalty of law that this document and all attachments were prepared under my direction
or supervision in accordance with a system designed to assure that qualified personnel properly gather
and evaluate the information submitted. Based on my inquiry of the person or persons who manage the
system, or those persons directly responsible for gathering the information, the information submitted is,
to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are
significant penalties for knowingly submitting false information, including the possibility of fine and
imprisonment.
Authorized Representative Name and Title Signature Date
Joseph Wywrot City Engineer August 14, 2003
Mail completed form to: ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
DIVISION OF WATER POLLUTION CONTROL
ATTN: PERMIT SECTION
POST OFFICE BOX 19276
SPRINGFIELD, ILLINOIS 62794-9276
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Information required by this form must be provided to comply with 415 ILCS 5/39(2000). Failure to do so may prevent this form from being processed and could
result in your application being denied.
Page 7
Copy and complete this page if additional pages are necessary:
Attachment 1
Receiving Streams (Continued)
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Information required by this form must be provided to comply with 415 ILCS 5/39(2000). Failure to do so may prevent this form from being processed and could
result in your application being denied.
Page 8
Copy and complete this page if additional pages are necessary:
Attachment 3
Part IV. (Continued) Measurable Goals (include shared responsibilities) Proposed to be
Implemented by the MS4
BMP No. B7
Brief Description of BMP:
Other Public Involvement
The City of Yorkville will supply garbage bags and provide for their subsequent disposal at various locations along
local streams in effort to implement a localized stream clean-up program. This will provide for an opportunity for City
residents to remove litter and debris from stream banks and surrounding areas and keep waste materials from reaching
local waterways.
Measurable Goal(s),including frequencies:
Milestones: Year 1: Determine availability of funds and means of announcements.
Year 2: Prioritize streams in greatest need of clean-up effort(s).
Year 3: Announce availability of materials and events in local paper or newsletter.
Year 4: Provide materials and funding to support cleaning of one local stream.
Year 5: Provide materials and funding to support cleaning of additional stream(s).
`-/BMP No. C1
Brief Description of BMP:
Storm Sewer Mapping
The United City of Yorkville is undertaking the implementation of a Citywide GIS for the Department of Public
Works. Included in this system will be the location of storm manholes and inlets which will later be converted into a GIS
storm sewer map of structures,pipes and outlets.
Measurable Goal(s),including frequencies:
Milestones:
Year 1: Research of storm sewer mapping and GIS implementation.
Year 2: Incorporate GIS technology and training.
Year 3: Locate storm structures and import into a usable GIS format.
Year 4: Build GIS map of existing storm sewer system and outlets.
Year 5: Update GIS storm sewer system map as needed.
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Information required by this form must be provided to comply with 415 ILCS 5/39(2000). Failure to do so may prevent this form from being processed and could
result in your application being denied. Page 9
Copy and complete this page if additional pages are necessary:
Attachment 3
Part IV. (Continued) Measurable Goals (include shared responsibilities) Proposed to be
Implemented by the MS4
BMP No. C7
Brief Description of BMP:
Visual Dry Weather Screening
The United City of Yorkville intends to utilize visual dry weather screening through the public eyes and the Public
Works Department. The public will be informed through the City's quarterly newsletter what to look for during periods
of dry weather and who they can notify regarding curious discharges at these times. Through staff meetings,the Public
Works Department will be reminded and notified of potential illicit discharges and how to handle such instances should
they be detected.
Measurable Goal(s), including frequencies:
Milestones: Year 1: Determine means of public education in Quarterly Newsletter.
Year 2: Determine training methods for Department of Public Works.
Year 3: Implement education materials to public and Department of Public Works.
Year 4: Utilize Dry Weather Screening by Department of Public Works and public.
Year 5: Continue to update education materials and training with ongoing program.
BMP No. D3
Brief Description of BMP:
Other Waste Control Program
The City of Yorkville intends to make amendments to the existing Subdivision Control Ordinance to require that
operators of cement trucks actively clean out trucks onsite and that an area for such clean out is provided on site.
Inspection by the Department of Public Works or inspection provided by consultants of the City of Yorkville will provide
documentation of such events and location. The Ordinance will also be amended to address other possible construction
site waste materials and their disposal on a timely and/or periodic basis.
Measurable Goal(s),including frequencies:
Milestones
Year 1: Administer current Subdivision Control Ordinance.
Year 2: Draft amendment to ordinance to address construction site pollution and concrete
truck washout.
Year 3: The United City of Yorkville reviews Amendment.
Year 4: Amendment is approved by the United City of Yorkville.
Year 5: The Amendment is incorporated and regulation begins.
Information required by this form must be provided to comply with 415 ILCS 5/39(2000). Failure to do so may prevent this form from being processed and could
result in your application being denied.
Page 10
Copy and complete this page if additional pages are necessary:
Attachment 3
Part IV. (Continued) Measurable Goals (include shared responsibilities) Proposed to be
Implemented by the MS4
BMP No. E4
Brief Description of BMP:
Pre-Construction Review of BMP Designs
The United City of Yorkville will go through a revision process to include BMP examples in an attempt to assist
designers to properly develop property without adversely affecting offsite or downstream areas. This will include ideas
like naturalized detention basins and buffer strips and how they can be properly applied to various sites.
Measurable Goal(s), including frequencies:
Milestones: Year 1: The City of Yorkville researches potential BMP designs.
Year 2: Appropriate BMP designs are reviewed.
Year 3: BMP designs are accepted and incorporated in Subdivision Control Ordinance.
Year 4: Pre-Construction review utilizes BMPs.
Year 5: BMP design is incorporated in construction.
BMP No. E7
Brief Description of BMP:
Other Post-Construction Runoff Controls
The United City of Yorkville is currently undergoing the drafting of a Wetland Protection Ordinance which
entails the protection and management of the isolated waters of Yorkville and Waters of the U.S. The ordinance will
empower the local administrator of the ordinance with the power to enforce encroachment and/or infringement upon
construction and discharge to such areas upon the end of construction. The ordinance will also set forth restrictions to be
required during the plan review process.
Measurable Goal(s), including frequencies:
Milestones:
Year 1: Research and study other wetland protection ordinances.
Year 2: Create draft Wetland Protection Ordinance.
Year 3: Review and propose changes to Wetland Protection Ordinance.
Year 4: Submit changes to Ordinance and pass into law.
Year 5: Begin enforcement on Wetland Protection Ordinance.
Information required by this form must be provided to comply with 415 ILLS 5/39(2000). Failure to do so may prevent this form from being processed and could
result in your application being denied. Page 11
Copy and complete this page if additional pages are necessary:
Attachment 3
BMP No. F3
Brief Description of BMP:
Municipal Operations Storm Water Control
Future municipal projects will be implementing the standards set forth in the Subdivision Control Ordinance for
managing storm water on site. Existing municipal sites will be renovated for potential improvements such as the
installation of a triple basin for better water management.
Measurable Goal(s),including frequencies:
Milestones:
Year 1: Prioritize municipal properties needing storm water control(s).
Year 2: Research controls and funding necessary for improvements.
Year 3: Undergo stormwater design necessary for improvements.
Year 4: Review and approve initial storm water design(s).
Year 5: Begin construction of initial storm water improvements
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Information required by this form must be provided to comply with 415 ILCS 5/39(2000). Failure to do so may prevent this form from being processed and could
result in your application being denied.
Page 12
United City of Yorkville
County Seat of Kendall County
EST. , 1886 800 Game Farm Road
4 � V) Yorkville, Illinois 60560
O � ;; O Phone:630-553-4350
Fax:630-553-7575
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L E
August 12, 2003
Renee Cipriano, Director
Illinois Environmental Protection Agency
1021 N. Grand Avenue E.
P.O. Box 19276
Springfield, IL 62794-9276
Dear Director Cipriano:
The enclosed check is for payment of the recently enacted NPDES permit fees. I want to make
you aware of our opposition to this dramatic fee increase and its negative impact on our
municipal budget.
This letter will serve to notify the Illinois Environmental Protection Agency that the enclosed
check is paid under protest with strong reservations as to the legal authority by which the state
has imposed this fee. If the state's legal authority is found to be lacking by a court of law, our
expectation would be that this amount assessed will be returned.
Please acknowledge receipt of this letter with correspondence from your office.
Sincerely,
Arthur F. Prochaska, Jr.
Mayor
Enc.
Cc: Representative Patricia Lindner
3 2 Main Street, Suite A
Sugar Grove, IL 60554
Senator Chris Lauzen
52 W. Downer Place, Suite 201
Aurora, IL 60506