Ordinance 2010-05 Ordinance No. 2010 - 6 1 5
ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS
TO PROVIDE FOR THE REGULATION OF ILLICIT DISCHARGES
AND CONNECTIONS TO THE MUNICIPAL SEPARATE STORM SEWER SYSTEM
BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall
County, Illinois, that the City Code be and is hereby amended to add the following new Chapter 17 to
Title 8:
CHAPTER 17
PROVISIONS REGULATING NON -STORM WATER DISCHARGES
AND CONNECTIONS TO THE MUNICIPAL SEPARATE STORM SEWER SYSTEM
8 -17 -1: Purpose. The objections of this chapter are to provide for the health, safety, and general
welfare of the citizens of the United City of Yorkville through the regulation of non -storm water
discharges to the municipal separate storm sewer system to the maximum extent practicable as
required by federal and state law. This chapter establishes methods for controlling the introduction
of pollutants into the municipal separate storm sewer system in order to comply with requirements of
the National Pollutant Discharge Elimination System (NPDES) permit process by:
(1) Regulating the contribution of pollutants to the municipal separate storm sewer system by
stormwater discharges by any user;
(2) Prohibiting illicit connections and discharges, as hereinafter defined, to the municipal
separate storm sewer system; and,
(3) Establishing legal authority to carry out all inspection, surveillance and monitoring
procedures necessary to ensure compliance with this chapter.
8 -17 -2: Definitions. For the purposes of this chapter, the following shall mean:
Authorized Enforcement Agency: Employees or designees of the Mayor of the United City of
Yorkville designated to enforce the provisions of this chapter.
Best Management Practices: Schedules of activities, prohibitions of practices, general good house
keeping practices, pollution prevention and educational practices, maintenance procedures, and other
management practices to prevent or reduce the discharge of pollutants directly or indirectly to
stormwater, receiving waters, or stormwater conveyance systems. Best Management Practices also
include treatment practices, operating procedures, and practices to control site runoff, spillage or
leaks, sludge or water disposal, or drainage from raw materials storage.
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Clean Water Act: The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), as amended
from time to time.
Construction Activitv: Activities subject to NPDES construction permits. These include construction
projects resulting in land disturbance of 10,000 square feet or more. Such activities include but are
not limited to clearing and grubbing, grading, excavating, and demolition.
Hazardous Materials: Any material, including any substance, waste, or combination thereof, which
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because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause,
or significantly contribute to, a potential substantial hazard to human health, safety, property, or the
environment when improperly treated, stored, transported, disposed of, or otherwise managed.
Illegal Discharge: Any direct or indirect non -storm water discharge to the Municipal Separate Storm
Sewer System, as hereinafter defined, except as exempted in Section 8 -17 -5 of this chapter.
Illicit Connection: Any drain or conveyance, whether on the surface or subsurface, which allows an
illegal discharge to enter the Municipal Separate Storm Sewer 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 Municipal Separate Storm Sewer System and any connection 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 Municipal Separate Storm
Sewer System which has not been documented in plans, maps, or equivalent records and approved by
an Authorized Enforcement Agency.
Industrial Activity: Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section
122.26 (b) (14).
Municipal Separate Storm Sewer Svstem: 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,
natural and human -made or altered drainage channels, reservoirs, and other drainage structures.
National Pollutant Discharp-e Elimination Svstem (NPDES) Storm Water Discharize Permit: 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.
Non -Storm Water Discharge: Any discharge to the Municipal Separate Storm Sewer System that is
not composed entirely of storm water.
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.
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.
Premises. Any building, lot, parcel of land, or portion of land whether improved or unimproved
including adjacent sidewalks and parking strips.
Storm Water: Any surface flow, runoff, and drainage consisting entirely of water from any form of
natural precipitation, and resulting from such precipitation.
Stormwater 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 a Storm
Drainage System, to the maximum extent practicable.
Wastewater: Any water or other liquid, other than uncontaminated storm water, discharged from a
facility.
8 -17 -3: Applicability: This Chapter shall apply to all water entering the Municipal Separate Storm
Sewer System generated on any developed and undeveloped lands unless explicitly exempted by an
authorized enforcement agency.
8 -17 -4: Responsibility for Administration: The City shall administer, implement, and enforce the
provisions of the Chapter.
8 -17 -5: Discharge Prohibitions:
A. 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, except for the following:
(i) Water line flushing or other potable water sources, landscape irrigation or lawn
watering, diverted stream flows, rising ground water, ground water infiltration to
storm drains, uncontaminated pumped ground water, foundation or footing drains
(not including active groundwater dewatering systems), crawl space pumps, air
conditioning condensation, springs, non - commercial washing of vehicles, natural
riparian habitat or wet -land flows, swimming pools (if dechlorinated - typically less
than one particle per million chlorine), fire fighting activities, and any other water
source not containing Pollutants.
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(ii) Discharges specified in writing by the City Engineer as being necessary to protect
public health and safety.
(iii) Dye testing if a verbal notification to the City Engineer is given prior to the time of
the test.
(iv) 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.
8 -17 -6: Prohibited Illicit Connections: The construction, use, maintenance or continued existence
of Illicit Connections to the Municipal Separate Storm Sewer System is prohibited, including,
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.
8 -17 -7: Suspension of Municipal Separate Storm Sewer System Access:
A. The City may, without prior notice, suspend access to the Municipal Separate Storm
Sewer System 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 Municipal Separate Storm
Sewer System or waters of the United States. If the violator fails to comply with a
suspension order issued in an emergency, the Authorized Enforcement Agency may take
such steps as deemed necessary to prevent or minimize damage to the Municipal
Separate Storm Sewer System or waters of the United States, or to minimize danger to
persons.
B. Any person discharging to the Municipal Separate Storm Sewer System in violation of
this chapter may have access terminated if such termination would abate or reduce an
illegal discharge. The City Engineer shall notify a violator of the proposed termination of
its Municipal Separate Storm Sewer System access.
Municipal Separate Storm Sewer System access to premises terminated pursuant to this
Section shall not be reinstated without the prior approval of the City Engineer.
8 -17 -8: 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
Engineer prior to the allowing of discharges to the Municipal Separate Storm Sewer System.
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Section 8 -17 -9: Monitoring of Discharges:
(a) The City Engineer shall be permitted to enter and inspect facilities subject to regulation under
this chapter as often as may be necessary to determine compliance. 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.
(b) Facility operators shall allow the City Engineer 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.
(c) The City Engineer 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 discharge.
(d) The City Engineer 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.
(e) 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 Engineer and shall not be replaced. The costs of clearing such access shall be borne by the
operator.
(f) Unreasonable delays in allowing the City Engineer access to a permitted facility is a violation of
a storm water discharge permit and of this chapter. A person who is the operator of a facility with
a NPDES permit to discharge storm water associated with industrial activity commits an offense
if the person denies the City Engineer reasonable access to the permitted facility for the purpose
of conducting any activity authorized or required by this chapter.
(g) If the City Engineer has been refused access to any part of the premises from which stormwater is
discharged, and he /she is able to demonstrate probable cause to believe that there may be a
violation, 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
Engineer may seek issuance of a search warrant from any court of competent jurisdiction.
Section 8- 17 -10: Requirement to Prevent, Control and Reduce Storm Water Pollutants by the Use of
Best Management Practices: The City has adopted requirements identifying Best Management
Practices for any activity, operation, or facility which may cause or contribute to pollution or
contamination of storm water, the storm drain system, or waters of the United States. The owner or
operator of a commercial or industrial establishment shall provide, at their own expense, reasonable
protection from accidental discharge of prohibited materials or other wastes into the Municipal
Separate Storm Sewer System or watercourses through the use of these structural and non - structural
facilities meeting Best Management Practices requirements. Any person responsible for a property
or premise, which is, or may be, the source of an illegal discharge, may be required to implement, at
said person's expense, additional structural and non - structural facilities to prevent the further
discharge of pollutants to the Municipal Separate Storm Sewer System. Compliance with all terms
and conditions of a valid NPDES permit authorizing the discharge of storm water associated with
industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this
section.
8- 17 -11: 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, excessive vegetation, and other obstacles that would pollute,
contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner
or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so
that such structures will not become a hazard to the use, function, or physical integrity of the
watercourse.
Section 8- 17 -12: Notification of Spills: 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 Municipal Separate Storm Sewer System, or water of the United
States said person shall take all necessary steps to ensure the discovery, containment, and cleanup of
such release and 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
City 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.
Section 8- 17 -13: Ultimate Responsibility: The standards set forth herein and promulgated pursuant
to this Chapter are minimum standards; therefore this Chapter does not intend nor imply that
compliance by any person will ensure that there will be no contamination, pollution, nor
unauthorized discharge of pollutants.
Section 8- 17 -14: Enforcement: Whenever the City Engineer finds that a person has violated a
prohibition or failed to meet a requirement of this chapter, the authorized enforcement agency may
order compliance by written notice of violation to the responsible person in accordance with the
requirements of Chapter 14, Title I of this City Code.
The provisions of this ordinance are hereby declared to be severable. If any provision, clause,
sentence, or paragraph of this Ordinance or the application thereof to any person, establishment,
or circumstances shall be held invalid, such invalidity shall not affect the other provisions or
application of this Ordinance.
This Ordinance shall be in full force and effect from and after its passage and approval as
provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this
Day o - A.D. 2010. _
ATTES _
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ROBYN SUTCLIFF DIANE TEELING QS GARY GOLINSKI U,r ARDEN JOSEPH PLOCHER16
WALTER WERDERICH t , i � MARTY MUNNS I„
ROSE ANN SPEARS GEORGE GILSON, JR.
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Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
Day of Jfl1.1( A)e A.D. 2010.
MAYOR
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