Ch4.§2-10 · City of Nowthen public records

A. Severability. Every section, provision, or part of this Section is declared separate from every other section, provision, or part; and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Section, the provisions of this Ordinance shall prevail. B. Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties. No provisions herein shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of this Section or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. 4-2-11: AMENDMENT-PROCEDURE: Either party may propose at any time that this Franchise Ordinance be amended. Franchise Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk within sixty (60) days after the   effective date of the amendatory ordinance. If the Company does not consent to the amendment, the ordinance containing the amendment shall be revoked by City.   # SECTION 3 ILLICIT DISCHARGE <table> <tr> <th>Section:</th> <th></th> </tr> <tr> <td>4-3-1</td> <td>Purpose</td> </tr> <tr> <td>4-3-2</td> <td>Definitions</td> </tr> <tr> <td>4-3-3</td> <td>Applicability</td> </tr> <tr> <td>4-3-4</td> <td>Administration</td> </tr> <tr> <td>4-3-5</td> <td>Ultimate Responsibility</td> </tr> <tr> <td>4-3-6</td> <td>Discharge Prohibitions</td> </tr> <tr> <td>4-3-7</td> <td>Suspension of MS4 Access</td> </tr> <tr> <td>4-3-8</td> <td>Industrial or Construction Activity Discharges</td> </tr> <tr> <td>4-3-9</td> <td>Monitoring of Discharges</td> </tr> <tr> <td>4-3-10</td> <td>Best Management Practices</td> </tr> <tr> <td>4-3-11</td> <td>Watercourse Protection</td> </tr> <tr> <td>4-3-12</td> <td>Notification of Spills</td> </tr> <tr> <td>4-3-13</td> <td>Enforcement</td> </tr> <tr> <td>4-3-14</td> <td>Severability</td> </tr> </table> 4-3-1: PURPOSE: The purpose of this Section is to provide for the health, safety and general welfare of the residents and environment of the City of Nowthen through regulation of non-storm water discharges to the storm drainage system to the maximum extent practicable as required by federal and state law. This Section 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 Section 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 Section. D. To establish responsibility for failure and remediation, if necessary. (Ordinance #32, adopted July 13, 2010)   4-3-2: DEFINITIONS: For the purposes of this Section, the following terms shall mean: Best Management Practices (BMPs): 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 stormwater, receiving waters, or stormwater conveyance systems. BMPs 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. Clean Water Act: The federal Water Pollution Control Act (33 U.S.C. ' 1251 et seq.), and any subsequent amendments thereto. Construction Activity: Activities subject to NPDES Construction Permits. These 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. Hazardous Materials: 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. Illegal Discharge: Any direct or indirect non-storm water discharge to the storm drain system. Illicit Connections: An illicit connection is defined as either of the following: A. Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain 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 storm drain system and any connections 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, B. Any drain or conveyance connected from a commercial or industrial land use to the storm drain 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).   National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit: A 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 storm drain system that is not composed entirely of storm water. 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. 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, Sections, 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 Drainage System: 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. 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 (SWPPP): 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 Stormwater, Stormwater Conveyance Systems, and/or Receiving Waters to the Maximum Extent Practicable. Wastewater: Any water or other liquid, other than uncontaminated storm water, discharged from a facility. (Ordinance #32, adopted July 13, 2010) 4-3-3: APPLICABILITY: This Section shall apply to all water entering the storm drain system generated on any developed and undeveloped lands unless explicitly exempted by the City of Nowthen. (Ordinance #32, adopted July 13, 2010)   4-3-4: ADMINISTRATON: The City of Nowthen shall administer, implement, and enforce the provisions of this Section. Any powers granted or duties imposed upon the City of Nowthen may be delegated by the City Council of the City of Nowthen to persons or entities acting in the beneficial interest of or in the employ of the City. (Ordinance #32, adopted July 13, 2010) 4-3-5: ULTIMATE RESPONSIBILITY: The standards set forth herein and promulgated pursuant to this Section are minimum standards; therefore this Section does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants. (Ordinance #32, adopted July 13, 2010)

Ch.4 § 2-10

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