Fremont City Zoning Code

CHAPTER 1156

Illicit Discharge and Illegal Connection Control

1156.01 PURPOSE.

The purpose of this chapter is to provide for the health, safety and general welfare of the citizens of the City of Fremont through the regulation of non-storm water discharges into the storm drainage 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 (MS4) in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this chapter are:

The purpose includes, but is not limited, to:

(a) To regulate the introduction of pollutants to the MS4 by storm water discharges by any user;

(b) To prohibit illicit connections and discharges to the MS4; and

(c) To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this chapter. Allow development while minimizing increases in downstream flooding, erosion, and sedimentation.

(Ord. 2021-4064. Passed 5-6-21.)

1156.02 SCOPE.

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

(Ord. 2021-4064. Passed 5-6-21.)

1156.03 DEFINITIONS.

The following terms or words and phrases shall have the definitions set forth below:

(1) "Authorized enforcement agency" means the City Engineer or Safety Service Director of the City of Fremont, in accordance with their respective responsibilities designated under the law to enforce this chapter.

(2) "Best management practices (BMPs)" means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to the MS4, as well as treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.

(3) "City Engineer" includes the City of Fremont City Engineer and authorized employees or designees of the City Engineer.

(4) "Safety Service Director" includes the City of Fremont Safety Service Director and authorized employees or designees of the Safety Service Director.

(5) "Clean Water Act" means the Federal Water Pollution Control Act (33 U.S.C. §1251 et seq.), and any subsequent amendments thereto.

(6) "Construction activity" means activities subject to NPDES Construction Permits, which include construction projects resulting in land disturbance of one (1) acre or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.

(7) "Hazardous materials" means 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.

(8) "Illicit discharge" as defined at 40 C.F.R. 122.26(b)(2), means any discharge to the municipal storm sewer system that is not composed entirely of storm water, except those discharges to a MS4 pursuant to a NPDES permit or noted in Section 1156.05 of this chapter.

(9) "Illegal connection" means any drain or conveyance, whether on the surface or subsurface that allows an illicit discharge to enter the MS4.

(10) "National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit" means a permit issued by EPA (or by a State under authority delegated pursuant to 33 U.S.C. §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.

(11) "Non-storm water discharge" means any discharge to the storm drainage system that is not composed entirely of storm water.

(12) "Person" means 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.

(13) “Pollutant" means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter or other discarded or abandoned objects, 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.

(14) "Premises" means any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

(15) "Storm drainage system" means publicly-owned facilities by which storm water is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, catch basins, gutters, curbs, ditches, inlets; piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, public easements and other drainage facilities.

(16) "Storm water" means any surface flow, runoff, and/or drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.

(17) "Storm water pollution prevention plan" means a document which describes the Best Management Practices and activities to be implemented by a person 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.

(18) "Wastewater" means any water or other liquid, other than uncontaminated storm water, discharged from a facility. ACRE: A measurement of area equaling 43,560 square feet. (Ord. 2021-4064. Passed 5-6-21.)

1156.04 MINIMUM STANDARDS.

The standards set forth herein and promulgated pursuant to this chapter are minimum standards; and 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 of any kind.

(Ord. 2021-4064. Passed 5-6-21.)

1156.05 DISCHARGE PROHIBITIONS.

(a) Prohibition Against Illicit Discharges. No person shall cause or allow an illicit discharge into the MS4, nor shall any person place or allow the placement of any pollution in a location where it can cause an illicit discharge into the MS4.

The following discharges are exempt from the discharge prohibitions of this chapter:

(1) Waterline flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration into storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, noncommercial washing of vehicles, natural riparian habitat or wet-land flows, swimming pools (if dechlorinated, typically less than one PPM chlorine), fire fighting activities, and any other water source not containing pollutants.

(2) Discharges specified in writing by the authorized enforcement agency as being necessary to protect the public health and safety.

(3) Dye testing as an allowable discharge, but requiring a verbal notification to the authorized enforcement agency prior to the time of the test.

(4) 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 U.S. 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 MS4.

(5) Discharges from off-lot household sewage treatment systems permitted by the Sandusky County Board of Health for the purpose of treating sewage effluent in accordance with Ohio Administrative Code 3701-29-02(b).

(b) Prohibition of Illegal Connections.

(1) The construction, use, maintenance or continued existence of illegal connections to the MS4 is prohibited.

(2) This prohibition expressly includes, without limitation, illegal 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 section if the person connects a line conveying sewage to the MS4, or allows such a connection to continue. (Ord. 2021-4064. Passed 5-6-21.)

1156.06 SUSPENSION OF MS4 ACCESS.

(a) Suspension Due to Illicit Discharges in Emergency Situations. The authorized enforcement agency 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 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 MS4 or waters of the United States, or to minimize danger to persons.

(b) Suspension Due to the Detection of Illicit Discharge.

(1) Any person discharging to the MS4 in violation of this chapter may have their 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.

(2) 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.

(Ord. 2021-4064. Passed 5-6-21.)

1156.07 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 authorized enforcement agency prior to the allowing of discharges to the MS4. (Ord. 2021-4064. Passed 5-6-21.)

1156.08 MONITORING OF DISCHARGES.

(a) Applicability. This section applies to all facilities that have storm water discharges associated with residential, commercial, industrial or institutional activity, including construction activity.

(b) Access to Facilities.

(1) The authorized enforcement agency 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 onto its premises, the discharger shall make the necessary arrangements to allow access to representatives of the authorized enforcement agency.

(2) Facility operators shall allow the authorized enforcement agency ready access to all areas of the premises for the purposes of inspection, sampling, examination and copying of records that must be maintained under the conditions of an NPDES permit to discharge storm water, and for the performance of any additional duties as defined by State and federal law.

(3) The authorized enforcement agency shall have the right to set up on any permitted facility any 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.

(4) The authorized enforcement agency 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 storm water flow and quality shall be calibrated to ensure their accuracy.

(5) 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 authorized enforcement agency and shall not be replaced. The costs of clearing such access shall be borne by the operator.

(6) Unreasonable delays in allowing the authorized enforcement agency access to a permitted facility is itself 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 authorized enforcement agency reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this chapter.

(7) If the authorized enforcement agency 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 authorized enforcement agency may seek issuance of a search warrant from any court of competent jurisdiction.

(Ord. 2021-4064. Passed 5-6-21.)

1156.09 BEST MANAGEMENT PRACTICES.

The authorized enforcement agency will adopt requirements identifying BMPs for any activity, operation or facility which may cause or contribute to pollution or contamination of storm water, the storm drain system, or water 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 MS4 or watercourses through the use of these structural and nonstructural 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 nonstructural BMPs to prevent the further discharge of pollutants into 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. These BMPs shall be part of a storm water pollution prevention plan (SWPP) as necessary for compliance with requirements of the NPDES permit.

(Ord. 2021-4064. Passed 5-6-21.)

1156.10 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 structure will not become a hazard to the use, function or physical integrity of the watercourse.

(Ord. 2021-4064. Passed 5-6-21.)

1156.11 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 waters of the U.S., said person shall take all necessary steps to ensure the discovery, containment and cleanup of such release. In the event of such 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 authorized enforcement agency 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. (Ord. 2021-4064. Passed 5-6-21.)

1156.12 CONFLICTS; SEVERABILITY; NUISANCES AND RESPONSIBILITY.

(a) Where this chapter imposes a greater restriction upon land than is imposed or required by other City provisions of law, ordinance, contract or deed, then in such event the provisions of this chapter shall prevail.

(b) If a court of competent jurisdiction declares any clause, section, or provision of this chapter invalid or unconstitutional, the validity of the remainder of this chapter shall not be affected thereby.

(c) This chapter shall not be construed as authorizing any person to maintain a private or public nuisance on their property. Neither shall compliance with the provisions of this chapter constitute a defense in any action to abate such nuisance.

(d) Failure of the City to observe or recognize hazardous or unsightly conditions or to recommend corrective measures shall not relieve any person from the responsibility for the condition or damage resulting therefrom, and shall not result in the City, its officers, employees, or agents being responsible for any condition or damage resulting therein.

(Ord. 2021-4064. Passed 5-6-21.)

1156.13 NOTICE OF VIOLATIONS.

Whenever the authorized enforcement agency finds that a person has violated a prohibition or failed to meet a requirement of this chapter, then the authorized enforcement agency may order compliance by written notice of violation to the responsible person. In instances where immediate action is deemed necessary for public safety or the public interest, the authorized enforcement agency may order compliance verbally, pending issuance of a written order. Such notice may require without limitation:

(a) The performance of monitoring, analyses and reporting;

(b) The elimination of illicit discharges or illegal connections;

(d) The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property;

(e) Payment of a fine to cover administrative and remediation costs; and

(f) The implementation of source control or treatment BMPs.

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 should the violator fail to remediate or restore within the established deadline, the work shall be performed by the authorized enforcement agency or a contractor designated by the City of Fremont, and the expense thereof shall be charged to the violator.

(Ord. 2021-4064. Passed 5-6-21.)

1156.14 APPEALS.

Any person receiving notice of violation may appeal any decision of the authorized enforcement agency with regard to enforcement or interpretation of this chapter to the City of Fremont Board of Zoning Appeals (BZA). The decision of the BZA shall be final and conclusive unless appealed by the aggrieved party within thirty (30) days of the decision of the BZA. Any appeal from the decision of the BZA shall be filed in Common Pleas Court of Sandusky County, Ohio. (Ord. 2021-4064. Passed 5-6-21.)

1156.99 PENALTY; REMEDIES.

(a) Whoever violates or fails to comply with any provision of this chapter is guilty of a misdemeanor of the fourth degree, and shall be fined not more than two hundred fifty dollars ($250.00), or imprisoned not more than thirty (30) days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.

(b) The imposition of any other penalties provided herein shall not preclude the City, by or through its Law Director and/or authorized designees, from instituting an appropriate action or proceeding in a court of proper jurisdiction to prevent an unlawful development or to restrain, enjoin, correct or abate a violation, or to require compliance with the provisions of this chapter or other applicable laws, ordinances, rules or regulations or the lawful orders of the authorized enforcement agency; or to impose any other available civil remedy or sanction against any person or organization convicted of an offense under this chapter, either in addition to or in lieu of a fine imposed pursuant to this section, including the imposition upon the offender of liability to the City for any expense, loss or damage incurred by the City by reason of such violation.

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 authorized enforcement agency to seek cumulative remedies.