DuPage County Illicit Discharge Detection and Elimination (IDDE) Ordinance. Mary Beth Falsey, DuPage County EDP

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1 DuPage County Illicit Discharge Detection and Elimination (IDDE) Ordinance Mary Beth Falsey, DuPage County EDP

2 Background EPA NPDES Phase II Discharges from small MS4s Six minimum control measures Illicit Discharge Detection and Elimination

3 DuPage County Illicit Discharge Detection and Elimination Ordinance Culmination of workgroup meetings with municipal representatives throughout DuPage County

4 Article 1. Authority and Purpose Sec Statutory Authority Defines what this Ordinance is called, who is bringing about these regulations, and under which state statutes it is enacted Sec Purposes of this Ordinance Ensure the health, safety, and general welfare of the citizens of DuPage County Protect and enhance water quality consistent with the Clean Water Act Regulate the pollution by non-stormwater discharges Prohibit illicit connections and discharges

present tense include the future tense, etc. Sec. 16-12.

5 Article 2. Definitions Sec Interpretation of Terms and Words Words used in the present tense include the future tense, etc. Sec Definitions Words NOT defined shall have meanings indicated by common dictionary definition

6 Definitions Illicit Connections. Either of the following: Any drain or conveyance, whether on the surface or subsurface that allows an illicit discharge to enter the storm drainage system including but not limited to any conveyances that allow any non-storm water discharge including sewage, process wastewater, and wash water to enter the storm drainage system and any connections to the storm drainage system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by the community or, Any drain or conveyance connected from a commercial or industrial land use to the storm drainage system that has not been documented in plans, maps, or equivalent records and approved by the community.

7 Definitions Illicit Discharge. Any direct or indirect non-storm water discharge to the storm drainage system, except as exempted in Section of this Ordinance.

8 Definitions Municipal Separate Storm Sewer System (MS4). A conveyance or system of conveyances (including but not limited to sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, and storm sewers) owned or operated by a governmental entity and designed or used for collecting or conveying stormwater, and that is not used for collecting or conveying sewage.

9 Definitions Storm Drainage System. A facility by which stormwater 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 humanmade or altered drainage channels, reservoirs, and other drainage structures.

10 Definitions National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit. A permit issued by Illinois Environmental Protection Agency (IEPA) 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 Definitions Notice of Intent (NOI). Illinois Environmental Protection Agency Notice of Intent for new or renewal of General Permit ILR 40 for discharges from small Municipal Separate Storm Sewer Systems (MS4).

12 Article 3. General Provisions Section Applicability- Ordinance applies to all water entering the storm drainage system from developed or undeveloped land within the jurisdiction of the Department unless exempted Section Interpretation Provisions of the Ordinance held to minimum requirements Most restrictive provisions apply Provisions are cumulative and shall be construed to be consistent with provisions of other ordinances

13 Article 4. Administration Sec Participating Communities Full participant Partial participant Non participant

14 Full Participant Complete IGA for full participation in DuPage County IDDE program Municipality provides County w/ storm sewer atlas Municipality assists County with access to storm drainage system w/in municipal limits County monitors outfalls for illicit discharges County traces illicit discharges to their source Municipality prosecutes persons in violation Municipality provides records of enforcement action for County annual report to IEPA

15 Partial Participant Complete IGA for partial participation in DuPage County IDDE program Municipality provides County w/ storm sewer atlas County monitors outfalls for illicit discharges Municipality traces illicit discharges to their source Municipality prosecutes persons in violation Municipality provides records of enforcement action for County annual report to IEPA

16 Non- Participant Municipality responsible for developing and implementing IDDE program to ensure compliance with the IEPA NPDES regulations No IGA submitted to County- NONparticipant

17 Article 4. Administration Sec Responsibility for Administration Sec Duties of Director Sec Representative Capacity

18 Article 5. Discharge Prohibitions Sec Prohibition of Illicit Discharges It is prohibited to discharge pollutants into the storm drainage system or MS4 The following discharges are prohibited: Discharges that are not a direct result of precipitation and or snow melt within the drainage area of the MS4 Discharges from an illicit connection Exemptions

19 Exemptions Discharges caused by governmental public works and stormwater management units as part of their standard operations in compliance with all applicable regulations Discharges authorized by law or permit from USEPA and or IEPA Water line and fire hydrant flushing Landscape irrigation water Rising ground waters

20 Exemptions Ground water infiltration Pumped ground water Discharges from potable water sources Foundation drains Air conditioning condensate Irrigation water (except for wastewater irrigation) Springs Water from crawl space pumps Footing drains

21 Exemptions Storm sewer cleaning Water from any outdoor residential, charitable, or automobile dealership premise car wash Routine external building washdown (no detergents) Flows from riparian habitats and wetlands Dechlorinated ph neutral swimming pool discharges Residual street wash water Discharges of flows from fire fighting activities Dechlorinated water reservoir discharges

22 Exemptions Pavement washwaters where spills or leaks of toxic or hazardous materials have not occurred (unless all spilled material has been removed) Discharges associated with dye testing of water line, sanitary sewers, storm sewers, private drains, or septic systems; however, this activity shall not take place until the discharger, or tester, has provided notification to the Department at least two (2) full business days prior to the test date, unless an emergency situation does not allow time for such notification Other discharges approved by the Department as being substantially like any of the discharges enumerated in Section of this Ordinance

23 Article 5. Discharge Prohibitions Sec Prohibition of Illicit Connections The construction, use, maintenance, or continued existence of illicit connections is prohibited Includes illicit connections made in the past, regardless of whether the connection was permissible in the past It is a violation of the Ordinance to connect a line conveying sewage to the storm drainage system or MS4 or allow such a connection to continue Illicit connections must be disconnected and redirected to approved sanitary sewer or wastewater management system

24 Article 6. Industrial Activity Discharges Sec Submission of Notice of Intent (NOI) to the Department Facility subject to an IEPA General Permit to Discharge Storm Water Associated with Industrial Activity required to submit a copy of the NOI to the Department at the same time it is submitted to IEPA A person commits an offense if operating a facility discharging stormwater associated with industrial activity without submitting NOI to Department

25 Article 7. Compliance Monitoring Sec Notification of Spills When a spill occurs, responsible parties must take all necessary steps for discovery, containment, and cleanup. Notify emergency dispatch and act in accord with IEMA and IEPA Notify the County Commercial and industrial facilities must retain records for 5 years Proper notice shall exempt notifying parties from fines by County Failure to provide notification is a violation of the Ordinance Fines from County can be waived for proper notification; however, responsible parties are still liable

26 Article 8. Violations, Enforcement, and Penalties Sec Enforcement: Violations Director has primary responsibility for enforcement. May enter into agreements with other governmental units A person violates the Ordinance when they: Perform an act prohibited by the Ordinance Fail to carry our provision of the Ordinance Allow a violating condition to continue Allow a second person to violate the Ordinance

27 Article 8. Violations, Enforcement, and Penalties Sec Notice to Correct Violations: Director May Take Action Director may: Issue Notice of Violation. Set forth form and content of violation notice Issue a warning Issue warning and disburse educational materials outlining appropriate measures to minimize discharge of pollutants Direct legal counsel if order to comply is not followed. Legal counsel brought under Ordinance shall be in the name of DuPage County

28 Article 8. Violations, Enforcement, and Penalties Sec Emergency Cease and Desist Orders Department may obtain an emergency order in the event of the following: A person has violated, or continues to violate the Ordinance, or past violations are likely to recur; and Violation has caused or contributed to an actual or threatened discharge to the MS4 or storm drainage system and an imminent threat is present. Emergency order will direct the violator to: Immediately cease and desist all such violations; Immediately comply with all Ordinance requirements; and Take preventative action to address violation, including immediately halting operations or terminating discharge.

29 Article 8. Violations, Enforcement, and Penalties Person notified of emergency order shall immediately comply and stop discharge Failure to comply voluntarily can result in Department taking steps to prevent or minimize harm or endangerment including termination of facility s water, sewer, or other municipal utilities. Department may allow person to recommence discharge when period of endangerment has passed. Responsible person shall submit written statement describing causes of discharge and measures taken to prevent future occurrence within fifteen (15) days. Issuance of emergency cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the violator

30 Article 8. Violations, Enforcement, and Penalties Sec Violations Deemed a Public Nuisance Any condition caused or permitted to exist in violation of any provision of this Ordinance shall constitute a threat to public health and safety and is declared and deemed a public nuisance

31 Article 8. Violations, Enforcement, and Penalties Sec Nuisance Abatement Whenever a nuisance shall be found to exist on any premise, the Director may order such nuisance to be abated upon determination that the nuisance constitutes a threat to public health or safety

32 Article 8. Violations, Enforcement, and Penalties In event of emergency situation, Department may commence legal or equitable proceeding to remedy situation Do not need to issue notice of violation before proceeding in emergency situation In all other cases, notify persons in writing first- then may commence legal or equitable proceeding to remedy situation

Article 8. Violations, Enforcement, and Penalties Sec. 16-66. Fines Violation considered petty offense Punishable by fine of not more than $1000.

33 Article 8. Violations, Enforcement, and Penalties Sec Fines Violation considered petty offense Punishable by fine of not more than $ each day that the violation continues Sec Remedies Not Exclusive Not exclusive of any other Federal, State, local laws. May seek cumulative remedies

Article 9. Suspension of MS4 Access Sec. 16-76.

Access to MS4 may be terminated due to illicit discharge

34 Article 9. Suspension of MS4 Access Sec Suspension of MS4 Access Due to Detection of Illicit Discharges Access to MS4 may be terminated due to illicit discharge Emergency situation- may terminate without prior notice if imminent threat of danger

35 Article 10. Appeals Sec Right to Appeal County process outlined in Ordinance Process for appeals may vary from community to community Sec Enforcement Measures After Appeal

36 Article 11. Miscellaneous Provisions Sec Severability Sec Most Restrictive Provisions Apply Sec Ultimate Responsibility Sec Amendments Sec Effective Date

37 Any Questions?

Model Illicit Discharge and Connection Stormwater Ordinance ORDINANCE NO.

Model Illicit Discharge and Connection Stormwater Ordinance ORDINANCE NO. SECTION 1. PURPOSE/INTENT. The purpose of this ordinance is to provide for the health, safety, and general welfare of the citizens