HomeMy WebLinkAboutO-20-03VILLAGE OF DEERFIELD
ORDINANCE NO. 2020- 0-20-3
AN ORDINANCE AMENDING SECTIONS 17-4,17-6 AND 17-9 OF "THE
MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD, ILLINOIS, 1975," AS
AMENDED, TO UPDATE REGULATIONS ON THE DISCHARGE AND
ABATEMENT OF POLLUTANTS INTO THE SEWER SYSTEM
WHEREAS, the Village of Deerfield is a home rule unit of local government pursuant
to the provisions of Article VII, Section 6 of the Illinois Constitution; and
WHEREAS, the Village's Municipal Separate Storm Sewer System ("MS4' outfalls
to the Middle and West Forks of the North Branch of the Chicago River, and is not designed
nor intended to accommodate polluted discharge; and
WHEREAS, illicit material can cause pollution to the waters of the United States and
the Village; and
WHEREAS, the Village is obligated under the rules, regulations and operating
permits of the USEPA to identify and eliminate extraneous sources of illicit discharges into
the Village's MS4 in order to reduce and eliminate water pollution of the waters of the United
States and the Village; and
WHEREAS, surveys and inspections of the MS4 have identified sources of potential
illicit discharge into the Village's storm sewer system; and
WHEREAS, the Village Board has determined that it is necessary and in the interest
of public health, safety and welfare that sources of illicit discharge into the MS4 be identified
and disconnected; and
WHEREAS, the Village Board has further determined that it is necessary and in the
interest of public health, safety and welfare to periodically inspect private property within
the Village to identify and eliminate sources of illicit discharge into the MS4;
WHEREAS, the Village Board has determined that it will serve and be in the best
interests of the Village and its residents to amend Sections 17-4, 17-6, and 17-9 of "The
Municipal Code of the Village of Deerfield, Illinois, 1975", as amended ("Village Code',
pursuant to this Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE BOARD OF
DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows:
SECTION ONE: RECITALS. The foregoing recitals are incorporated into, and
made a part of, this Ordinance as findings of the Village Board.
SECTION TWO: DEFINITIONS. Section 17-4, titled "Definitions," of Article 2,
titled "Water Pollution," of Chapter 17, titled "Pollution," of the Village Code is hereby
amended further and shall read as follows:
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"17-4: Definitions:
(a) As used in this article:
(1) Effluent: The liquids or other substance flowing out of any plant
or facility constructed and operated for the discharge of sewage,
industrial wastes and any liquid or other discharge.
(2) Outlet: The point of discharge of an effluent or other substance
into the atmosphere, underground, ditch or other area,
watercourse, or other body of surface or ground water, and onto
any surface or place.
(3) Watercourse: Any channel either natural or artificial for the flow
of water.
(4) Water Pollution: An impairment of the quality of the
underground or surface waters by sewage, dead animals,
animal waste, garbage, discarded metal articles, industfial
paints, varnishes, solvents, oil and other
automotive fluids, solid wastes, yard wastes, refuse,
rubbish, litter, discarded or abandoned objects,
ordinances, pesticides, herbicides, fertilizers, fecal
coliform and pathogens, dissolved and particulate
metals, wastes and residues from constructing a building
or structure, industrial wastes, or any other thing which
adversely affects the use of such water for domestic, industrial,
agricultural, navigational, recreational or other purposes."
SECTION THREE: TREATMENT OF POLLUTED WATERS. Section 17-6, titled
"Treatment of Polluted Waters," of Article 2, titled "Water Pollution," of Chapter 17, titled
"Pollution," of the Village Code is hereby amended further and shall read as follows:
"17-6: Treatment of Polluted Waters:
Lal Prohibitions on discharges. No person shall discharge or cause
to be discharged into the Village's storm drainage system or
watercourses any materials other than storm water that cause
or contribute to water pollution or a violation of applicable_
water quality standards.
!Cb The discharge of any water or materials into the Village's storm
drainage system is prohibited except for the discharge of storm
water pursuant to the following methods.
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U1 Water line flushing or other notable water sources.
landscape irrigation or lawn watering, diverted stream
flows, rising groundwater, groundwater infiltration to
storm drains, uncontaminated pumped groundwater,
foundation or footing drains (not including active
groundwater dewatering systems) crawl space pumps
it conditioning condensation,,- springs. noncommercial
washing of vehicles natural riparian habitat or wetland
flows, swimming pools (if dechlorinated - typically less
an one PPM chlorine), firefighting activities, and any
other water source not containing water pollution•
k2 Discharges specified in writing by the Director of Public
Works or designee as being necessary to protect public
health and safety:
M3 Dye testing, but only with prior oral notification to the
Director of Public Works, or designee prior to the time of
the test: and
L4 Non -storm water discharge permitted under a National
Pollutant Discharge Elimination System (N DES)
permit, waiver, or waste discharge order issued to the
discharger and administered under the authority of the
United States Environmental Protection Ag ncv
provided that (i) the discharger is in full compliance with
all reauirements of the permit waiver, or order and all
applicable laws and regulations. and (ii) written
approval has been granted by the Director of Public
Works, or designee for any discharge Co the storm
drainage system.
Uc Suspension of Village storm drainage system access_ The
Director of Public Works or designee may suspend without
prior notice, a property's access to the Village's storm drainage
system when such suspension is necessary to stop an actual or
threatened discharge that presents or may present imminent
and substantial danger to the environment, the health or
welfare of any people the Village's storm drainage system or
the waters of the United States If a discharger fails to comply
with any suspension order issued in an emergency, the Director
of Public Works or his or her designee, may take such stens as
deemed necessary to prevent_ or minimize damag . to the
Village's storm drainage system, the waters of the United
States, or to the public.
do The Village Director of Public Works or his or her designe
may terminate any person's or entity's access to the Village's
storm drainage system if that person or entity violates this
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Article In the event that a discharger has his or her access to
the Village's storm drainage system terminated the discharger
may request a_ hearing before the Village Manager for a
reconsideration of the termination It shall be a violation of this
Code for property that has had its access to the Village's storm
drainage system terminated to reconnect to the system without
the prior approval of the Director of Public Work& or his or her
designee.
Ue Industrial or construction discharges Any persons ubiect to an
industrial or construction activity NPDES storm water
discharge permit shall comply with all provisions and
conditions of such permit Proof of compliance with the NPDES
permit may be required in a form acceptable to the Director of
Public Works or his or her designee prior to discharging into
the Village's storm drainage-Us—tem
LQ Monitoring of discharges. In addition to any other
requirements of this Code all properties--thathavp, storm water
discharge associated with an industrial or construction activity
must also comply with the following regulations:
01 The Director of Public Works, or his or herd siLrnee.shall
e permitted to enter and inspect all property that
discharge into the Village's storm drainage System as
often as may be necessary to determine the discharger's
compliance with this Article
U2 Discharges must permit the Village's Director of Public
Works, or his or her designee, to examine and cony all
records that must be kept under the conditions of an
NPDES permit to discharge storm water, and to prove
compliance with any additional duties as defined by state
and federal law.
$ The Director of Public Works or his or her designee, shall
have the right to set up on any permitted property such
devices that are determined necessary in sole discretion
of the Director of Public Works or his or her designee to
monitor and/or sample the property's storm water
discharge.
t4l The Director of Public Works, or his or her designee, ma
require a discharger to install and maintain monitoring
equipment at the discharger's sole cost and expense. The
property's sampling and monitoring equipment shall be
maintained at all times in a safe and proper operating
condition, and maintained in a manner to ensure its
accuracy.
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(5 It shall be a violation of this Article for a di char -er t
unreasonably delay or deny the Director of Public Works
or his or her designee access to a property to inspect for
compliance with this Article
_U6 If the Director of Public Works or his or her designee
has been refused access to any part of the premises from
which storm water i discharged and he/she is able to
demonstrate probable cause to believe that there may be
a violation of this Article or that there is a need to
inspect and/or sample as part of a routine inspection and
sampling promram designed to verify compliance with
this Article or any order issued hereunder, or to protect
the overall public health safety, and welfare of the
community, then the Director of Public Works or
designee may seek issuance of a search warrant from any
court of competent jurisdiction
Watercourse protection All -pro
merty owners thrn„arh wl„n1,
watercourse passes shall keep and maintain that part of the
watercourse free of trash, debris excessive veLretation water
pollution, and other obstacles that would pollute contaminat-
or significantiv retard the flow of water tb ough the
watercourse In addition the owner shall maintain exist* -
rivately-owned structures within or adjacent to a watercourse
in a manner so that such structures do not become a hazard to
the use, function or physical integrity of the watercourse
Notification of spills Notwithstanding other requirements of
law, as soon as any -person or entity responsible for a property
has nformation of any known_ or suspected release of materials
that are resulting e'
or may result in illegal dischares or Vwater
Pollution discharging into the Village's storm drainage system
that person or entity shall take all necessary steps to ensure the
discovery, containment and cleanup of such release In the
event of such a release of hazardous materials such person or
_entity shall immediately notify the Village of the occurrence by
allinLw the Villag'e's 911 dispatch services In the event of a
release of non -hazardous materials such person or entity shall
notify the Director of Public Works_ or dt imee ;n person Vl „r by
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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 Director of Public
Works 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
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Enforcement. Whenever the Director of Public Works or his or
her designee, finds that a person or entity has violated this
Article. the Director of Public Worksor his or her designee.
may order compliance by written notice of violation to the
responsible person or entity. Such notice may require without
limitation:
W1 The performance of monitoring, analyses, and reporting':
02 The elimination of illicit connections or discharges
3 That the person or entity cease and desist all violating
discharges, practices, or operations:
04 The abatement or remediation of storm water pollution
or contamination hazards, and the restoration of any
affected property:
5 The reimbursement of the Village administrative and
remediation costs: and/or
06 The implementation of source control or treatment
activities.
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 The
notice shall further advise that, should the violator fail to
remediate or restore within the established deadline the work
will be done by a designated governmental agent or a
contractor and the expense thereof shall be charged to the
violator.
Lk_ Appeal of notice of violation. Any person_ receiving a notice of
violation may appeal the determination of theDirector of
Public Works, or his or her designee, by filing a written notice
of appeal with the Village Manager. The notice of appeal must
be received within 15 days from the date of the notice of
violation. The hearing on the appeal before the Village
Manager shall take place within 15 days from the date of receipt
of the notice of appeal.
01 Remedies not exclusive. The remedies listed in this Article are
not exclusive of any other remedies available under any
applicable federal, state, or local law, and it is within the
discretion of the Director of Public Works or his or her
designee to seek cumulative remedies."
Additions are bold and double -underlined; a-^'^* ^^s ^^ St.-Uek thr-e .g
SECTION FOUR: INVESTIGATION AND INSPECTION. Section 17-9, titled
"Investigation and Inspection," of Article 2, titled "Water Pollution," of Chapter 17, titled
"Pollution," of the Village Code is hereby amended further and shall read as follows:
"17-9• PEAL STSG A TION AND !NSP E / TION
I I S ��p I Z QY2 S Z p Z\ z=x.�-�= EABATEMENT:
village�a4 The a designee
made of the faets stated in the applioation far- a permit to diseharge -JIDA-8
the village =w atery at s-..
44 The „lige-engineer his designee shall .
mademises and faeilities to be used fer the d h +
of sueh td f4eility to eemply with the
village, eaunty, stat -1 —4- a! luvacvxcixzzg —vrrcr-pvxxcc+x
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Ua Right to Abate. Pursuant to the requirements Get forth in a
notice of violation of the provisions of this Article or in the
event of an appeal of such violation. within 30 days of the
decision of the Village Manager upholding the decision of the
Director of Public Works or his or her designee the Village
shall have the right to enter upon the property and take any
and all measures necessary to abate the violation and/or restore
the property. It shall be unlawful for any person- owner_ agent_
or person in possession of any property to refuse to allow the
Village or its designated contractor to enter upon the premises
for the purposes set forth herein
Lb Cost of abatement. Within 15 days after abatement of the
violation, the owner of the property will be notified of the cost
of abatement, including the Village's administrative and legal
costs. The property owner may file a written protest objecting
to the amount of the assessment If the amount due is not paid
within a timely manner as determined by the decision of the
Village Manager or by the expiration of the time in which to file
an appeal, the charges shall become a special assessment
against the property and shall constitute a lien on the property
for the amount of the assessment.
Up Injunctive relief. It shall be unlawful for any person to violate
any provision or fail to comply with any of the requirements of
this Article If a person has violated or continues to violate the
provisions of this Article. the Director of Public Works or
designee may petition a court of competent jurisdiction for a
preliminary or permanent injunction restraining the person
from activities that would create further violations or
compelling the person to perform abatement or remediation of
the violation."
SECTION FIVE: PUBLICATION. The Village Clerk is hereby directed to
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publish this Ordinance in pamphlet form pursuant to the Statutes of the State of Illinois.
SECTION SIX: EFFECTIVE DATE. This Ordinance shall be in full force and
effect after its passage, approval, and publication in the manner provided by law.
[SIGNATURE PAGE FOLLOWS]
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AYES: Benton, Jester, Oppeneheim, Seiden, Shapiro, Struthers
NAYS: None
ABSTAIN: None
ABSENT: None
PASSED: January 21, 2020
APPROVED: January 22, 2020
ORDINANCE NO. 0-20-3
Harriet Rosenthal, Mayor
ATTEST:
Kent S. Street, Village CIA
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