G-897 - 09/08/2009 - SEWER-WATER - OrdinancesORDINANCE 2009- SWM- IDDE -EX1 -G -897
AN ORDINANCE AMENDING THE CODE OF ORDINANCES
TO ADD TITLE 15 (ILLICIT DISCHARGE DETECTION AND
ELIMINATION ORDINANCE) TO THE VILLAGE CODE
OF THE VILLAGE OF OAK BROOK
WHEREAS, the United States Congress has adopted the Clean Water Act and, thereafter, the
Water Quality Act to combat water pollution, and
WHEREAS, the aforesaid Federal legislation authorized the establishment of the National
Pollution Discharge Elimination System ( "NPDES ") permitting program, under which permitting is,
generally, administered by the states, and
WHEREAS, the Illinois Environmental Protection Agency ( "IEPA ") has issued a General National
Pollution Discharge Elimination System Permit for Discharges from Small Municipal Separate Storm
Sewer Systems ( "Phase II ") to the County of DuPage and the Village of Oak Brook (the "co- permittees "),
and
WHEREAS, NPDES Permits require permittees to develop, adopt and implement an ordinance
for the detection, prohibition and elimination of illicit discharges into the storm sewer systems of the
permittees, and
WHEREAS, the Illinois General Assembly has authorized the Village of Oak Brook to prevent the
pollution of any stream or any body of water within the Village by 65 ILCS 5/1 -2 -1, 5111- 12 -12, 5/11 -30 -2,
5/11 -30 -8, and 5/11 -31 -2 and such other authority as applicable to those communities, and
WHEREAS, illicit discharges of pollutants into storm sewer systems is a significant source of
water pollution to Village of Oak Brook streams and water bodies, and
WHEREAS, the Village President and Board of Trustees have heretofore established rules and
regulations relating to stormwater management within the Village of Oak Brook, and
WHEREAS, the Village President and Board of Trustees recognizes that improved water quality
is an integral part of the proper management of storm and flood waters, and
WHEREAS, the Village Engineer has worked closely with the DuPage County Stormwater
Management Division and other municipal engineers to develop a program to detect, prohibit and
eliminate illicit discharges into the storm sewer systems of the Village in order to prevent water pollution,
and in particular, to comply with the requirements of the Village's General NPDES Phase II permit, and
WHEREAS, the proposed Illicit Discharge Detection and Elimination Ordinance is intended to
reduce and /or prevent the pollution of any stream or any body of water within the Village and to reduce
and /or prevent pollutants from entering the Waters of the Unites States, and
WHEREAS, improving water quality in the Village, and reducing or eliminating the public's
exposure to water -borne pollutants is in the best interests of the Village and its residents
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DUPAGE AND COOK COUNTIES, ILLINOIS as follows
Section 1 That the provisions of the preamble hereinabove set forth are hereby adopted as
though fully set forth herein
ORDINANCE 2009- SWM- IDDE -EXi -G -897
Illicit Discharge Detection & EWnmation
Of Stormwater
Page 2 of 14
Section 2 That the Code of Ordinances of the Village of Oak Brook is amended by adding Title
15 entitled "ILLICIT DISCHARGE DETECTION AND ELIMINATION ORDINANCE" as set forth in the
attached Exhibit A and incorporated herein by reference
Section 3 If any section, paragraph, clause or provision of this ordinance shall be held invalid,
the invalidity thereof shall not affect any of the other provisions of this ordinance
Section 4 This Ordinance shall be In full force and effect from and after its passage, approval
and publication in pamphlet form in the manner required by law
APPROVED THIS 8th day of September, 2009
eu✓ '
John W Crai
Village Presi nt
PASSED THIS 8'h day of September, 2009
Ayes Trustees Aktipis, Carson, Moy, Saiyed, Wolin and Zannis
Nays
None
Absent IUM President Craig
ATTEST /t
Charlotte K Pruss
Village Clerk
-FULL PARTICIPANTAGREEMENT- EXHIBIT A
AN INTERGOVERNMENTAL AGREEMENT BETWEEN
THE VILLAGE OF OAK BROOK
AND THE COUNTY OF DUPAGE, ILLINOIS
FOR THE IMPLEMENTATION OF THE
ILLICIT DISCHARGE DETECTION AND ELIMINATION PROGRAM
THIS INTERGOVERNMENTAL AGREEMENT is entered into this 13th of
October , 2009 between the Village of Oak Brook of DuPage County (hereinafter
referred to as the "MUNICIPALITY ") a body corporate and politic, with offices at 1200 Oak Brook
Road, Oak Brook, Illinois 60523 and the County of DuPage, Illinois (hereinafter referred to as the
"COUNTY ") a body corporate and politic, with offices at 421 North County Farm Road, Wheaton,
Illinois 60187 -3978.
RECITALS
WHEREAS, the MUNICIPALITY and COUNTY are public agencies within the meaning of
the Illinois "Intergovernmental Cooperation Act ", as specified in Illinois Statute, 5 ILCS 220/1 et.
seq., and as authorized by Article 7, Section 10 of the Constitution of the State of Illinois; and
WHEREAS, the purposes of the "Intergovernmental Cooperation Act" and Article 7 of the
Constitution of the State of Illinois include fostering cooperation among governmental bodies; and
WHEREAS, General National Pollutant Discharge Elimination System ( "NPDES ") Permit
No. ILR40 authorizes discharges from Small Municipal Separate Storm Sewer Systems (MS4s); and
WHEREAS, MS4s are defined in 40 CFR 122.26(b)(16) as designated for permit
authorization pursuant to 40 CFR 122.32; and
WHEREAS, the COUNTY and MUNICIPALITY each submitted an Illinois MS4 Notice of
Intent ( "NOI ") to the Illinois Environmental Protection Agency ( "IEPA ") for coverage under ILR40;
and
WHEREAS, the COUNTY and MUNICIPALITY noted on their respective NOI that they
intend to act as cooperating permit holders to fulfill the requirements of ILR40's Illicit Discharge
Detection and Elimination ( "IDDE ") minimum control measure; and
WHEREAS, the General NPDES Permit No. ILR40 requires development, implementation,
and enforcement of a storm water management program designed to reduce the discharge of
pollutants from small municipal storm sewer systems to the maximum extent practicable to protect
water quality, and to satisfy the appropriate water quality requirements of the Illinois Pollution
IDDE Final IGA -full 9- 8- 09.doe
-FULL PARTICIPANTAGREEiMIENT-
Control Board Rules and Regulations (35 III. Adm. Code, Subtitle C, Chapter 1) and the Federal
Water Pollution Control Act (33 U.S.C. § 1251 et seq.); and
WHEREAS, the storm water management program must include the minimum control
measures described in the General NPDES Permit No. ILR 40, Part IV, Section B; and
WHEREAS, the General NPDES Permit No. ILR40 Part IV, Section D authorizes Sharing
Responsibility; and
WHEREAS, the COUNTY agrees to develop and implement a program to monitor and trace
illicit discharges into small MS4s on behalf of the MUNICIPALITY as one of the minimum control
measures for its stormwater management program; and
WHEREAS, the COUNTY and the MUNICIPALITY recognize that additional benefits of
illicit discharge detection and elimination include increased water quality, reduction in pollutant
loads in waterways, improved wildlife habitat, and public education opportunities; and
WHEREAS, the COUNTY has adopted the DuPage County Illicit Discharge Detection and
Elimination Ordinance ( "ORDINANCE ") to ensure the health, safety, and general welfare of the
citizens of DuPage County, and protect and enhance water quality in a manner pursuant to and
consistent with the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.) through the
regulation of non -storm water discharges to the storm drainage system; and
WHEREAS, the MUNICIPALITY has adopted Ordinance 2009 -SWM- IDDE -G -897, An
Ordinance Amending the Code of Ordinances to add Title 15 (Illicit Discharge Detection and
Elimination Ordinance) to the Village Code of the Village of Oak Brook; and
WHEREAS, the COUNTY and the MUNICIPALITY have determined that it is in their best
interest to cooperate in the enforcement and implementation of their respective ordinances; and
WHEREAS, the COUNTY and the MUNICIPALITY have determined that it is reasonable,
necessary, and in the public interest and welfare for the COUNTY to conduct monitoring and tracing
responsibilities associated with illicit discharge detection and elimination subject to the terms and
conditions set forth herein.
NOW THEREFORE, in consideration of the foregoing preambles and the promises, terms
and conditions set forth herein, and in the spirit of intergovernmental cooperation, the parties agree
as follows:
1.0 RECITALS INCORPORATED.
1.1 The foregoing recitals are hereby incorporated as though fully set forth herein.
IDDE Final IGA -full 9- 8.09.doe
-FULL PAR TJCIPANT AGREEMENT-
2.0 COUNTY RIGHTS AND RESPONSIBILITIES.
2.1 The COUNTY agrees to undertake the monitoring of outfalls and tracing of illicit
discharges within the municipal limits of the MUNICIPALITY utilizing COUNTY
Personnel and equipment.
2.2 The COUNTY agrees to prepare, at its sole expense, plans, processes, and procedures
for the program meeting the requirements of the NPDES permit to monitor and trace
illicit discharges into the MS4 on behalf of the MUNICIPALITY.
2.3 The COUNTY agrees to obtain copies of the Notice of Intent (NOI) for each facility
within the jurisdiction of the COUNTY and the MUNICIPALITY having an
individual NPDES permit to discharge storm water associated with industrial activity
through the IEPA for the purposes of fair and accurate monitoring and tracing.
2.4 The COUNTY agrees to monitor MS4 outfalls within the jurisdiction of the
MUNICIPALITY, and to the extent it is so authorized, trace all discharges
determined to be illicit with the objective of identifying the source of such illicit
discharge.
2.5 The COUNTY agrees to notify the MUNICIPALITY within a reasonable time prior
to the COUNTY conducting dye testing as part of tracing procedures.
2.6 The COUNTY agrees to notify the MUNICIPALITY within twenty four (24) hours
of detecting an illicit discharge within the municipal limits of the MUNICIPALITY.
Promptly upon completion of the COUNTY'S investigation, the COUNTY shall
inform the MUNICIPALITY of the location of the illicit discharge, the time(s) and
date(s) of the discharge, and any additional information that would be necessary or
prudent for the MUNICIPALITY to have in order to carry out enforcement
proceedings.
2.7 The COUNTY agrees to provide the MUNICIPALITY with any information required
for enforcement action and prosecution by the MUNICIPALITY and produce County
personnel in court, as necessary and upon adequate notice.
2.8 The COUNTY agrees to create and manage a countywide hotline for reporting illicit
discharges.
2.9 The COUNTY agrees to prepare the Illicit Discharge Detection and Elimination
section of the annual report on behalf of the MUNICIPALITY. The annual report is
required by the IEPA and is due by June I" of each year in accordance with General
NPDES Permit No. ILR40. The COUNTY will submit a copy of the Illicit Discharge
IDDE Final )GA -full 9- 8- 09.doc
-FULL PARTICIPANTAGREEMENT-
Detection and Elimination section annual report to both the IEPA and the
MUNICIPALITY.
3.0 MUNICIPALITY RIGHTS AND RESPONSIBILITIES
3.1 The MUNICIPALITY agrees to provide the COUNTY with a current storm sewer
atlas. If a stone sewer atlas is not available, the MUNICIPALITY will work to
provide a storm sewer atlas to the COUNTY within 6 months.
3.2 The MUNICIPALITY agrees to provide annual updates of the storm sewer atlas to
the COUNTY.
3.3 The MUNICIPALITY agrees to assign to the COUNTY any rights of access to the
storm drainage system under the jurisdiction of the MUNICIPALITY as the
COUNTY deems necessary.
3.4 The MUNICIPALITY agrees to provide timely prosecution of any person found to be
in violation of their ordinance that fail to come into compliance in accordance with
the ordinance, provided that the MUNICIPALITY receives timely notification from
the COUNTY that a violation exists. Further, the COUNTY agrees to provide
prosecution witnesses required without cost to the MUNICIPALITY.
3.5 The MUNICIPALITY shall provide the COUNTY with documentation of any
enforcement action and prosecution from the previous one (1) year for inclusion in
the annual report.
4.0 GOVERNMENT REGULATION.
4.1 The COUNTY and the MUNICIPALITY shall each comply with the applicable
requirements of all county, municipal, state, federal and other applicable
governmental authorities, now in force, or which may hereafter be in force,
pertaining to the performance of this Agreement, with the most stringent standards
governing.
5.0 MISCELLANEOUS TERMS.
5.1 This Agreement shall be approved by ordinance or resolution and executed for and
on behalf of the COUNTY and MUNICIPALITY.
5.2 Certified copies of each party's respective adopting ordinance or resolution shall be
attached hereto and made a part hereof as evidence of the authority exercised by the
undersigned officers of the COUNTY and MUNICIPALITY.
IDDE Final IGA -full 9- 8- 09.doc 4
-FULL PARTICIPANT AGREEMENT-
5.3 This Agreement shall become effective upon the date set forth above, and continue in
full force and effect unless terminated in accord with Paragraph 5.5, below.
5.4 This Agreement may be amended or modified only by written instrument duly
approved and signed by both parties to the Agreement.
5.5 Either parry may give notice of its intent to terminate this Agreement in accord with
Paragraphs 8.1 and 8.2 below.
5.6 This Agreement may be executed in one or more counterparts, each of which shall
for all purposes be deemed to be an original and all of which shall constitute the same
instrument.
5.7 The headings of the paragraphs and subparagraphs of this Agreement are inserted for
convenience of reference only and shall not be deemed to constitute part of this
Agreement or to affect the construction hereof.
6.0 ENTIRE AGREEMENT.
6.1 This Agreement represents the entire agreement between the COUNTY and
MUNICIPALITY with respect to the Illicit Discharge Detection and Elimination
Program and supersedes all prior negotiations, representations or agreements, either
written or oral.
7.0 NOTICES REOUIRED UNDER THIS AGREEMENT.
7.1 All notices required to be given under the terms of this Agreement shall be in writing
and either (a) served personally during regular business hours; (b) served by facsimile
transmission and e-mail during regular business hours; or (c) served by certified or
registered mail, return receipt requested, properly addressed with postage prepaid.
Notices served upon the MUNICIPALITY shall be directed to:
Village of Oak Brook
Attn: Village Engineer
1200 Oak Brook Road
Oak Brook, IL 60523
Fax: 630 - 368 -5128
Email: engineering @oak - brook.org
IDDE Final IGA -full 9- 8- 09.doc
FULL PAR77CZPANTAGREEHENT-
Notices served upon the COUNTY shall be directed to:
DuPage County Stormwater Management Division
Attn: Director, Stormwater Management
421 N. County Farm Road
Wheaton, IL 60187 -3978
Fax: 630-407-6701
E -mail: Water. Quality @dupageco.org
Notices served personally or by facsimile transmission and e -mail shall be effective
upon receipt, and notices served by mail shall be effective upon receipt as verified by
the United States Postal Scrvice. Each party may designate a new location for service
of notices by serving notice thereof in accordance with the requirements of this
paragraph.
8.0 TERM OF AGREEMENT
8.1 As will be used for staff and budget requirements, the COUNTY and the
MUNICIPALITY agree to not change enforcement status within the term of this
Agreement.
8.2 This agreement will expire on the 3151 of March, 2013. This agreement can be
extended for additional NPDES permit cycles at the mutual agreement of both
parties. The permit cycle is defined for a five (5) year period beginning one (1) year
before the expiration date of the current NPDES permit for the MUNICIPALITY and
continues until one (1) year before the expiration of the subsequent NPDES five (5)
year permit.
9.0 SEVERABILITY
9.1 In the event any provision of this Agreement shall be held to be unenforceable or
void, such provision shall be deleted and all other provisions shall remain in full
force and effect to the fullest extent allowed by law and equity.
10.0 GOVERNING LAW
10.1 This Agreement will be governed by the laws of the State of Illinois as to both
interpretation and performance. The forum for resolving disputes concerning the
party's respective performance, or failure to perform, under this Agreement, will be
the judicial circuit court for DuPage County.
1DDE Final IGA -full 9- 8- 09.doc 6
-FULL PARTICIPANT AGREEMENT-
IN WITNESS WHEREOF, the parties to this Agreement set their hands and seals as of the date
first written above.
VILLAGE OF OAK BROOK
BY: '
John W. Crai OF Oq\ �
Village President G 'fie ?A
ATTEST BY: (r �/liJ + A x ` .._ =\
Charlotte Pruss I G
Village Clerk
COUNTY OF DUP
Robert J. Sc le stro
Chairman, DuP g unty Board
ATTEST BY:
Gary A.
County
IDDE Final IGA -Poll 9- 8- 09.doc 7