DuPage County Illicit Discharge Detection and Elimination IDDE Ordinance

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DuPage CountyIllicit Discharge Detection and
Elimination (IDDE) Ordinance

• Mary Beth Falsey, DuPage County EDP

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Background

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

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DuPage County Illicit Discharge Detection and
Elimination Ordinance

• Culmination of workgroup meetings with municipal
  representatives throughout DuPage County

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Article 1. Authority and Purpose

• Sec. 16-1. Statutory Authority
• Defines what this Ordinance is called, who is
  bringing about these regulations, and under which
  state statutes it is enacted
• Sec. 16-2. 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

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Article 2. Definitions

• Sec. 16-11. Interpretation of Terms and Words
• Words used in the present tense include the
  future tense, etc.
• Sec. 16-12. Definitions
• Words NOT defined shall have meanings indicated
  by common dictionary definition

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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.

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Definitions

• Illicit Discharge. Any direct or indirect
  non-storm water discharge to the storm drainage
  system, except as exempted in Section 16-41.3 of
  this Ordinance.

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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.

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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 human-made or altered drainage
  channels, reservoirs, and other drainage
  structures.

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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.

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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).

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Article 3. General Provisions

• Section 16-21. 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 16-22. 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

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Article 4. Administration

• Sec. 16-31. Participating Communities
• Full participant
• Partial participant
• Non participant

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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

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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

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Non- Participant

• Municipality responsible for developing and
  implementing IDDE program to ensure compliance
  with the IEPA NPDES regulations
• No IGA submitted to County- NON-participant

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Article 4. Administration

• Sec. 16-32. Responsibility for Administration
• Sec. 16-33. Duties of Director
• Sec 16-34. Representative Capacity

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Article 5. Discharge Prohibitions

• Sec. 16-41. 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

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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

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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

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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

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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 16-41.3 of this Ordinance

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Article 5. Discharge Prohibitions

• Sec. 16-42. 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

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Article 6. Industrial Activity Discharges

• Sec. 16-50 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

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Article 7. Compliance Monitoring

• Sec. 16-56. 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

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Article 8. Violations, Enforcement, and Penalties

• Sec. 16-61. 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

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Article 8. Violations, Enforcement, and Penalties

• Sec. 16-62. 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

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Article 8. Violations, Enforcement, and Penalties

• Sec. 16-63. 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.

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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
  facilitys 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

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Article 8. Violations, Enforcement, and Penalties

• Sec. 16-64 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

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Article 8. Violations, Enforcement, and Penalties

• Sec. 16.65 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

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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

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Article 8. Violations, Enforcement, and Penalties

• Sec. 16-66. Fines
• Violation considered petty offense
• Punishable by fine of not more than 1000.00 each
  day that the violation continues
• Sec. 16-67. Remedies Not Exclusive
• Not exclusive of any other Federal, State, local
  laws. May seek cumulative remedies

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Article 9. Suspension of MS4 Access

• Sec. 16-76. 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

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Article 10. Appeals

• Sec. 16-86. Right to Appeal
• County process outlined in Ordinance
• Process for appeals may vary from community to
  community
• Sec. 16-87. Enforcement Measures After Appeal

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Article 11. Miscellaneous Provisions

• Sec. 16-96. Severability
• Sec. 16-97. Most Restrictive Provisions Apply
• Sec. 16-98. Ultimate Responsibility
• Sec. 16-99. Amendments
• Sec. 16-100. Effective Date

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Any Questions?