G-897 - 09/08/2009 - STORM WATER MANAGEMENT - Ordinances Supporting Documentsup
ITEM 10.11.1)
AGENDA ITEM
Regular Board of Trustees Meeting
of
September 8, 2009
SUBJECT: Illicit Discharge Detection and Elimination Ordinance
FROM: Dale L. Durfey, Jr., P.E., Village Engineer
BUDGET SOURCE/BUDGET IMPACT:
RECOMMENDED MOTION:
Back�round/Histo�:
I move that the Village Board approve:
1. Ordinance 2009 -SWM- IDDE -G -897, and
2. Resolution R -1053 which approves 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.
The Village of Oak Brook is permitted to discharge stormwater into surface waters of the State
through its coverage under ILR40, IEPA's General NPDES I Permit for Discharges from Small
Municipal Separate Storm Sewer Systems (MS4). Since Oak Brook has a municipal storm sewer
system, it is considered an MS4. Oak Brook (in conjunction with DuPage County and other
DuPage municipalities and townships) submits a Notice of Intent (NOI) to be covered under
ILR40 for each five year cycle. The latest ILR40 permit (the 2nd five -year cycle) was issued on
February 20, 2009 and expires, on March 31, 2014.
ILR40 mandates 6 minimum control measures:
1. Public education and outreach on storm water impacts
2. Public involvement /participation
I National Pollutant Discharge Elimination System
Last saved by administrator J \WORDDOC \IDDE P &BT Memo 9 -8 -09 doc
Last printed 9/3/2009 3 37 PM
3. Illicit discharge detection and elimination (IDDE)
4. Construction site stormwater runoff control
5. Post - construction stormwater management in new development and redevelopment
6. Pollution prevention/good housekeeping for municipal operations
The illicit discharge detection and elimination measure requires an operator of a regulated MS4
to develop, implement, and enforce a program to detect and eliminate illicit discharges into its
MS4 (an IDDE program), consisting of several pieces. Principal among these pieces is a
prohibition, through an ordinance or other regulatory mechanism, of non - stormwater discharges
into the MS4. The ordinance should include appropriate enforcement procedures and actions, as
well.
County staff has worked with the municipal engineers to draft a County IDDE Ordinance for
unincorporated DuPage County. That County Ordinance was passed by the County Board on
May 26, 2009.
The County Ordinance is not a County -wide ordinance like the Stormwater Ordinance. Oak
Brook does not have to comply with the County IDDE Ordinance, but we must comply with
IEPA's requirements of an IDDE Ordinance.
Since it did not make sense to re- invent the wheel, I have taken the County IDDE Ordinance and
formatted it into an Oak Brook Ordinance. It contains the same stipulations as the County
Ordinance; only the format is changed.
Highlights of the proposed Oak Brook IDDE Ordinance include:
• Definitions (Chapter 2)
o Stormwater is defined as surface flow, runoff, and drainage from any form of
natural precipitation, and resulting from such precipitation. This includes snow
melt runoff.
• The Administrator shall administer, implement, and enforce the Ordinance (Chapter 4)
• No person shall discharge into the MS4 any pollutants other than normal stormwater
(Chapter 5)
• Specific exemptions are'listed (Section 15 -5 -1C)
• Illicit connections are prohibited (Section 15 -5 -2)
• Persons shall notify the Village in the event of a spill (Chapter 6)
• Violations, enforcement, and penalties (Chapter 7)
• The Village may terminate an illicit storm sewer connection (Chapter 8)
• Appeals process (Chapter 9)
Please note that this proposed Oak Brook IDDE Ordinance mimics the County Ordinance in that
charitable and automobile dealership car washes are listed as exempt. IEPA staff has informed
County staff that these exemptions are unacceptable. The County has appealed that and has
2 Title 9, Storm Water, Floodplain, and Sedimentation and Erosion Control Regulations, states that the Village
Engineer shall be the Administrator. This proposed IDDE Ordinance states the same
Last saved by administrator J \W0RDD0C \1DDE P &BT Memo 9 -8 -09 doc
Last printed 9/3/2009 3 37 PM
requested a written opinion from a high ranking IEPA official. Pending that opinion, our
Ordinance may remain as is or may be revised.
In drafting the County IDDE Ordinance, efforts were made to ensure that pollutants entering the
MS4 as a direct result of precipitation and /or snow melt, such as chlorides from road salts, litter,
and sediment from erosion, were not classified as illicit discharges and subject to the Ordinance.
Various other minimum control measures of the ILR40 permit will address reducing pollutant
loads from these sources. Administering Oak Brook's IDDE Ordinance should be the same.
The Village's Code currently contains section 8 -1 -12C which generally discusses prohibited
discharges into storm sewers. This current regulation does not go far enough to meet the IEPA
requirements; hence the need for a comprehensive ordinance.
Other DuPage municipalities are either approving the County ordinance by reference or re-
formatting the County ordinance into their code style.
The illicit discharge detection and elimination measure also requires Oak Brook to develop,
implement, and adequately fund a plan to detect and address non - stormwater discharges.
However, the ILR40 general permit encourages partnership between permit holders: "You may
partner with other MS4s to develop and implement your stormwater management program."
Since it makes sense that a single, unified program would be more successful and cost - effective
than dozens of individual municipal programs, DuPage County is developing Intergovernmental
Agreements (IGAs) that would have most of the monitoring and tracing aspects of the IDDE
program implemented by the County without cost to the municipality. Two IGAs have been
drafted:
1. Full Participant
This has the County developing and implementing a program to monitor and trace illicit
discharges into MS4s within municipality boundaries. The County would monitor outfall
sewer points along streams and, if an illicit discharge was found, trace it upstream to its
source. The County would notify the municipality within 24 hours of detecting an illicit
discharge. Upon completion of the County's investigation, the County will inform the
municipality of the details necessary or prudent for the municipality to enforce cessation
and /or other aspects of its IDDE Ordinance.
Please note that the County cannot enforce its IDDE Ordinance within municipal
boundaries; each municipality must do that.
The County also agrees to prepare the IDDE section of the annual report on behalf of the
municipality, which is required by the IEPA and is due by June 1St of each year.
2. Partial Participant
This has the County monitoring the outfall sewer points along streams within municipal
boundaries. If an illicit discharge is found, the County will notify and provide
Last saved by administrator J \WORDDOC \IDDE P &BT Memo 9 -8 -09 doc
Last printed 9/3/2009 3 37 PM
information to the municipality. The municipality has the responsibility to trace the illicit
discharge to its source and then enforce cessation and /or other aspects of its IDDE
Ordinance.
Since DuPage County is willing to trace an illicit discharge at no cost to the Village, it seems
prudent to accept their offer.
Recommendation:
That the Village Board approve the Village IDDE Ordinance and full participation with DuPage
County on tracing illicit discharges.
Last saved by administrator J 1WORDDOC \IDDE P &BT Memo 9 -8 -09 doc
Last printed 9/3/2009 3 37 PM
ORDINANCE 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, 5/11- 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 -EX1 -G -897
Illicit Discharge Detection & Elimination
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.
PASSED THIS 8th day of September, 2009
Ayes-
Nays-
Absent
John W Craig
Village President
ATTEST.
Charlotte K Pruss
Village Clerk
EXHIBIT
TITLE 15
ORDINANCE 2009- SWM- IDDE -EX1 -G -897
Illicit Discharge Detection & Elimination
Of Stormwater
Page 3 of 14
ILLICIT DISCHARGE DETECTION AND ELIMINATION ORDINANCE
CHAPTER 1. PURPOSE
15 -1 -1 Short Title: This Title shall be known and may be cited as the IDDE ORDINANCE OF OAK
BROOK, ILLINOIS
15 -1 -2 Purposes of this Title
A The purpose of this Title is to ensure the health, safety, and general welfare of the citizens of
Oak Brook, Illinois, 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 - stormwater discharges to the storm drainage system. This Title
establishes methods for controlling the introduction of discharges other than those occurring
as a direct result of precipitation and/or snow melt into the municipal separate storm sewer
system (MS4) and the storm drainage system in order to comply with requirements of the
National Pollutant Discharge Elimination System (NPDES) Phase II permit process Other
purposes of this Title include
1 To regulate the contribution of pollutants to the MS4 and the storm drainage system by
non - stormwater discharges; and
2 To prohibit illicit connections and discharges to the MS4 and the storm drainage system,
and
3 To protect and enhance the quality, quantity, and availability of surface and groundwater
resources, and
4. To preserve and enhance existing aquatic and riparian environments and encourage
restoration of degraded areas, and
5 To promote equitable, acceptable, and legal measures for stormwater management.
CHAPTER 2. DEFINITIONS.
15 -2 -1 Interpretation of Terms and Words.
The terms and words used in this Title shall be interpreted as follows
A Words used in the present tense include the future tense; and
B Words used in the singular number include the plural number and words used in the plural
number include the singular number, and
C The words "shall ", "will ", and "must" are mandatory, not permissive, and
D The phrase "Administrator' refers to the individual responsible for the enforcement.
ORDINANCE 2009- SWM- IDDE -EX1 -G -897
Illicit Discharge Detection & Elimination
Of Stormwater
Page 4 of 14
15 -2 -2 Definitions
Within the context of this Title, the following words and terms shall have the meanings set forth except
where otherwise specifically indicated Words and terms not defined shall have the meanings indicated
by common dictionary definition.
Administrator. The person administering the implementation and enforcement of this Title The
Administrator shall be the Village Engineer.
Building. A structure that Is constructed or erected partially or wholly above ground and is enclosed by
walls and a roof The term "building" includes manufactured homes and includes both the above - ground
and the below - ground portions of the structure.
Clean Water Act (CWA). The Federal Water Pollution Control Act (33 U S C § 1251 et seq ), and any
subsequent amendments thereto.
Community. The Village of Oak Brook acting as a unit of local government
County. The County of DuPage, Illinois
Department. The DuPage County Stormwater Management Division or successor agency
Director. The DuPage County Director of Stormwater Management or successor position or his or her
designee
Drain. Piping and appurtenances for conveying a fluid.
Facility. Something that is built, installed, or established to serve a particular purpose
Hazardous Materials. Any material which may cause, or significantly contribute to, a substantial hazard
to human health, safety, property, or the environment.
Illicit Connections. An illicit connection is defined as 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 - stormwater 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
2 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 has
not been approved by the community
Illicit Discharge. Any direct or indirect non - stormwater discharge to the storm drainage system except
as exempted in Section 15 -5 -1 C of this Title
Industrial Activity. Activities subject to an industrial NPDES stormwater permit as defined in 40 CFR,
Section 122 26 (b)(14)
Line. A hollow conduit through which fluids are transported between two or more points
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,
ORDINANCE 2009- SWM- IDDE -EX1 -G -897
Illicit Discharge Detection & Elimination
Of Stormwater
Page 5 of 14
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
National Pollutant Discharge Elimination System (NPDES) 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
Non - Stormwater Discharge. Any discharge to the storm drainage system that is not the direct result of
precipitation and /or snow melt in the tributary drainage basin
Notice of Intent (NOI). Illinois Environmental Protection Agency Notice of Intent to participate in
coverage under the General Permit to Discharge Stormwater Associated with Industrial Activity.
Oversight Committee. The Zoning Board of Appeals of the Village of Oak Brook.
Parcel. Contiguous land under single ownership or control
Person. Any individual, association, partnership, public ,or private corporation, municipality, political
subdivision, government agency, or any other legal entity, including heirs, successors, agents, officers,
and assigns of such entity.
pH Neutral. pH value between 6.5 and 9 0 Standard Units
Plan. The DuPage County Stormwater Management Plan, adopted by the DuPage County Board in
September 1989, as amended from time to time, County Ordinance No OSM- 0001 =89
Pollutant. Anything that 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, and
accumulations, so that same may cause or contribute to pollution, floatables; pesticides, herbicides, and
fertilizers; hazardous substances and wastes; sewage, wastewater, 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.
Runoff. The waters derived from precipitation and /or melting snow within a tributary drainage basin that
exceeds the infiltration capacity of that basin
Sewage. Polluted stormwater, wastewater, or other refuse liquids usually conveyed by sewers
Sewer. An artificial conduit to carry off sewage and /or surface water (as from rainfall), including
sanitation, stormwater, and/or combined sewers
Sewerage. A system of sewers and appurtenances for the collection, transportation, pumping, and
treatment of sewage
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, rivers, creeks, natural and human -made or altered
drainage channels, reservoirs, and other drainage structures.
Stormwater. Any surface flow, runoff, and drainage from any form of natural precipitation, and resulting
from such precipitation.
ORDINANCE 2009- SWM- IDDE -EX1 -G -897
Illicit Discharge Detection & Elimination
Of Stormwater
Page 6 of 14
Structure. Anything that Is erected or constructed The term "structure" includes without limitation:
buildings, manufactured homes, tanks, dams, sewers, constructed channels, outfalls, parking lots,
driveways, roads, sidewalks, and concrete patios
Wastewater. Water that has been used and is not for reuse unless treated by a wastewater treatment
facility
Waters of the United States. As defined in the CWA, "Waters of the United States" applies only to
surface waters, rivers, lakes, estuaries, coastal waters, and wetlands Not all surface waters are legally
"Waters of the United States." Generally, those waters include the following
' All interstate waters;
• Intrastate waters used In interstate and /or foreign commerce,
' Tributaries of the above,
' Territorial seas at the cyclical high tide mark, and
' Wetlands adjacent to all the above
CHAPTER 3. GENERAL PROVISIONS.
15 -3 -1 Applicability
This Title shall apply to all water entering the storm drainage system from any developed or undeveloped
lands within the Jurisdiction of the Village unless explicitly exempted by Section 15-5-11C of this Title,
including any amendments or revisions thereto
15 -3 -2 Interpretation
A The provisions of this Title shall be held to be the minimum requirements for the promotion of
the public health, safety, comfort, convenience, prosperity, and general welfare and the
environment of the residents of the Village, and to effectuate the purposes of this Title and
enabling legislation.
B Where the conditions imposed by any provision of this Title are either more restrictive or less
restrictive than comparable conditions imposed by any other applicable statute, law,
ordinance, regulation, or rule, the provision that is most restrictive or imposes the higher
standards or requirements shall apply
C The provisions of this Title shall be interpreted to be cumulative of, and to impose limitations
in addition to, all other ordinances, laws, codes, and regulations in existence or which may be
passed governing any subject matter of this Title To the greatest extent possible, the
provisions of this Title shall be construed to be consistent with, and not in conflict with, the
provisions of such other ordinances, laws, codes, and regulations and with each other, to the
end that all such provisions may be given their fullest application
CHAPTER 4. ADMINISTRATION.
15 -4 -1 Responsibility for Administration
ORDINANCE 2009- SWM- IDDE -EX1 -G -897
Illicit Discharge Detection & Elimination
Of Stormwater
Page 7 of 14
The Administrator shall administer, implement, and enforce the provisions of this Title Any powers
granted or duties imposed upon the Administrator may be delegated in writing by the Administrator to
persons or entities acting in the beneficial interest, or in the employ of, the Village as representatives,
contractors, designees and, or, assigns.
15 -4 -2 Duties of Administrator
The duties and functions of the Administrator shall include*
A Determining policy related to and directing the enforcement of this Ordinance, as applicable,
and
B Supervising the execution of this Title, and
C Notifying the IEPA of any amendments to this Title
15 -4 -3 Representative Capacity
In all cases when any action is taken by the Administrator, or his or her duly appointed designee, to
enforce the provisions of this Title, such action shall be taken in the name of and on behalf of the Village
and neither the Administrator nor his or her designee, in so acting for the Village, shall be rendered
personally liable
CHAPTER 5. DISCHARGE PROHIBITIONS.
15 -5 -1 Prohibition of Illicit Discharges.
A No person shall place, drain, or otherwise discharge, cause, or allow others under their
control to place, drain, or otherwise discharge into the storm drainage system or MS4 any
pollutants or waters containing any pollutants other than normal stormwater unless
specifically exempted in Section 15 -5 -1 C of this Title
B The following discharges into the MS4 or the storm drainage system shall be prohibited.
1 Discharges that are not a direct result of precipitation and /or snow melt within the
drainage area of the MS4
2 Discharges from an illicit connection
C The following discharges are exempt from discharge prohibitions established herein provided
they do not cause an adverse effect on water quality as determined by the Administrator
1 Discharges caused by governmental public works and stormwater management units as
part of their standard operations in compliance with all applicable regulations
2 Discharges required by law or authorized by permit, including any non- stormwater
discharge permitted under an NPDES permit, waiver, or waste discharge order issued to
the discharger and administered by the USEPA and /or IEPA.
3 Water line and fire hydrant flushing
4 Landscape irrigation water
ORDINANCE 2009- SWM- IDDE -EX1 -G -897
Illicit Discharge Detection & Elimination
Of Stormwater
Page 8 of 14
5 Rising ground waters
6. Ground water infiltration
7 Pumped ground water
8 Discharges from potable water sources
9 Foundation drains
10 Air conditioning condensate.
11 Irrigation water (except for wastewater irrigation).
12 Springs
13 Water from crawl space pumps.
14 Footing drains.
15 Storm sewer cleaning water
if 16 Water from any outdoor residential, charitable, or automobile dealership premise car
wash.
17 Routine external building washdown which does not use detergents
18 Flows from riparian habitats and wetlands
19 Dechlorinated pH neutral swimming pool discharges
20 Residual street wash water
21 Discharges or flows from fire fighting activities
22 Dechlorinated water reservoir discharges
23 Pavement wash .waters where spills or leaks of toxic or hazardous materials have not
occurred (unless all spilled material has been removed)
24 Discharges associated with dye testing of water lines, 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 Village at least two (2) full business
days prior to the test date, unless an emergency situation does not allow time for such
notification
25 Other discharges approved by the Village as being substantially like any of the discharge
types enumerated in Section 15 -5 -1 C of this Title
15 -5 -2 Prohibition of Illicit Connections
A The construction, use, maintenance, or continued existence of illicit connections to the storm
drainage system or MS4 is prohibited
ORDINANCE 2009- SWM- IDDE -EX1 -G -897
Illicit Discharge Detection & Elimination
Of Stormwater
Page 9 of 14
B This prohibition expressly Includes, without limitation, Illicit connections made in the past
regardless of whether the connection was permissible under law or practices applicable or
prevailing at the time of connection
C A person is considered to be in violation of this Title if the person connects a line conveying
sewage to the storm drainage system or MS4, or allows such a connection to continue
D Connections in violation of this Title must be disconnected and redirected, if necessary, to an
approved wastewater management system or the sanitary sewer system upon approval of
the Village and the appropriate sanitary treatment facility
E Any drain or conveyance that has not been documented in plans, maps or equivalent, and
which may be connected to the storm sewer system or MS4, shall be located by the owner or
occupant of that property upon receipt of written Notice of Violation from the Village requiring
that such locating be completed Such notice shall specify a reasonable time period within
which the location of the drain or conveyance is to be determined, that the drain or
conveyance be identified as storm sewer, sanitary sewer or other, and that the outfall location
or point of connection to the storm sewer system, MS4, sanitary sewer system, or other
discharge point be identified. Results of these investigations are to be documented and
provided to the Administrator.
CHAPTER 6. COMPLIANCE MONITORING.
15 -6 -1 Notification of Spills
A Notwithstanding other requirements of law, as soon as any person owning, leasing or
exercising control over a property, or responsible for emergency response for a property, has
information of any known or suspected spill of materials which are resulting or may result in
illicit discharges or pollutants discharging into the MS4 or the storm drainage system, said
person shall take all necessary steps to ensure the discovery, containment, and cleanup of
such spill
1 In the event of such a spill, said person shall immediately notify local emergency dispatch
services and act in accordance with Illinois Emergency Management Agency (IEMA) and
IEPA regulations.
2 Said person shall notify the Village of the spill in person or by phone, facsimile, or email
no later than the next business day Notifications in person or by phone shall be
confirmed by written notice addressed and mailed to the Village within three (3) business
days of the phone notice
3 If the spill emanates from a commercial or industrial establishment, the owner or operator
of such establishment shall also retain an on -site written record of the spill and the
actions taken to prevent its recurrence Such records shall be retained for at least five (5)
years
B Proper notice, including containment and cleanup as outlined in Section 15 -6 -1A shall
exempt the notifying parties from applicable fines set forth in Section 15 -7 -6
C Failure to provide notification of a release as provided above is a violation of this Title
D Notwithstanding the language of section 15 -6 -1 B, a party causing a spill that contaminates or
harms a storm sewer system shall not be relieved of liability for damages resulting from such
act
ORDINANCE 2009- SWM- IDDE -EX1 -G -897
Illicit Discharge Detection & Elimination
Of Stormwater
Page 10 of 14
CHAPTER 7. VIOLATIONS, ENFORCEMENT, AND PENALTIES.
15 -7 -1 Enforcement Violations.
A The Administrator shall have primary responsibility for the enforcement of the provisions of
this Title The Village may enter into agreements with other governmental units for the
`purpose of Implementing this Title
B A person violates this Title when that person
1 Performs any act expressly prohibited by any provision of this Title, or
2 Disobeys, neglects, or fails to carry out or comply with any provision of this Title or of any
order or notice issued by the Administrator; or
3 Allows any condition or act that violates any provision of this Title to continue unabated
on property owned, leased, managed, or under the control of such person, or
4 Directs, orders, permits, or allows a second person to do any act expressly prohibited by
any provision of this Title, or to maintain or continue unabated any condition or act that
violates any provision of this Title on property owned, leased, managed or under the
control of the first person.
15 -7 -2 Notice to Correct Violations: Administrator May Take Action
A The Administrator may Issue a Notice of Violation ordering a person to take action to achieve
compliance with the provisions of this Title and /or to cease and desist from any action
conducted in violation of this Title Failure to comply with the terms and conditions of a
Notice of Violation and /or order to cease and desist shall constitute a violation of this Title
1 The Administrator shall set forth the form and content of any notices issued under this
Title
2 The Administrator may issue a Warning of Violation ordering a person to take action to
achieve compliance with the provisions of this Title If a person fails to comply with the
terms and conditions of a warning, the Administrator may, thereafter, issue a Notice of
Violation
3 The Administrator may issue a Warning of Violation and disburse educational materials
outlining appropriate measures to minimize the discharge of pollutants
B If a person fails to comply with an order issued under this section, the Administrator may
direct the appropriate legal counsel to commence any legal proceeding authorized by this
Title, under the law or equity, necessary to enforce any provision of this Title and /or to protect
public health and safety Any legal action brought under this Title shall be in the name of the
Village of Oak Brook
15 -7 -3 Emergency Cease and Desist Orders
A The Village may issue an emergency order in the event of the following
ORDINANCE 2009- SWM- IDDE -EX1 -G -897
Illicit Discharge Detection & Elimination
Of Stormwater
Page 11 of 14
1 Any person has violated, or continues to violate, any provision of this Title or any order
issued hereunder, or that the person's past violations are likely to recur, and
2 That the person's violation has caused or contributed to an actual or threatened
discharge to the MS4 or storm drainage system and an imminent threat of violation is
present
B The Village may issue the emergency order to the violator directing that the violator
1 Immediately cease and desist all such violations, and/or
2. Immediately comply with all Title requirements, and /or
3 Take such appropriate preventive action as may be needed to properly address a
continuing or threatened violation, including immediately halting operations and /or
terminating the discharge
C Any person notified of an emergency order under this Subsection shall immediately comply
and stop or eliminate its endangering discharge In the event of a discharger's failure to
immediately comply voluntarily with the emergency order, the Village may take such steps as
deemed necessary to prevent or minimize harm to the MS4, storm drainage system, or
Waters of the United States, and /or endangerment to persons or to the environment,
including immediate termination of a facility's water supply, sewer connection, or other
municipal utility services. The Village may allow the person to recommence its discharge
when it has demonstrated to the satisfaction of the Village that the period of endangerment
has passed, unless further termination proceedings are initiated against the discharger under
this Title. A person that is responsible, in whole or in part, for any discharge presenting
imminent endangerment shall submit a detailed written statement, describing the causes of
the harmful discharge and the measures taken to prevent any future occurrence, to the
Administrator within fifteen (15) days of receipt of the emergency order Issuance of an
emergency cease and desist order shall not be a bar against, or a prerequisite for, taking any
other action against the violator
15 -7 -4 Violations Deemed a Public Nuisance
Any condition caused or permitted to exist in violation of any provision of this Title shall constitute a threat
to public health and safety and is declared and deemed a public nuisance
15 -7 -5 Nuisance Abatement
Whenever a nuisance shall be found to exist on any premise, the Administrator may order such nuisance
to be abated upon determination that the nuisance constitutes a threat to public health or safety
A In the event of an emergency situation, as determined by the Administrator, involving an
immediate threat to public health and safety, the Administrator may direct the Village Attorney
to immediately commence any legal or equitable proceeding necessary to restrain, abate,
and /or remedy said situation The Administrator may take such action without having to first
issue a Notice of Violation to the person(s) having control of, or acting as agent for, such
premise where the nuisance is located, or, waiting for such person(s) to abate or remove
such nuisance as previously ordered by the Administrator
B In all other cases, the Administrator may notify, in writing, the person(s) having control of, or
acting as agent for, such premise where the nuisance is located and directing such person(s)
to abate or remove such nuisance within such time as is stated on the notice Upon the
ORDINANCE 2009- SWM- IDDE -EX1 -G -897
Illicit Discharge Detection & Elimination
Of Stormwater
Page 12 of 14
failure or refusal of such person(s) to comply with the notice, the Administrator may direct that
appropriate proceedings commence to compel the abatement or removal of such a nuisance
in any manner allowed by law, equity, or this Title and /or authorizing the Village to act to
abate, or remove, such nuisance The person(s) having control of such premises, in addition
to the other remedies provided by this Title, shall be liable to the Village for any costs
incurred by the Village to effect such abatement, or removal, including reasonable attorney's
fees and other costs of enforcement, to be recovered by a court of competent Jurisdiction
15 -7 -6 Fines
Any person who violates, disobeys, omits, neglects, or refuses to comply with, or who resists enforcement
of any provision of this Title, shall be subject to a fine pursuant to section 1 -3 -1 of the Village Code Each
calendar day a violation continues to exist shall constitute a separate offence.
15 -7 -7 Remedies Not Exclusive
The remedies listed in this Title are not exclusive of any other remedy available under this Title or under
any applicable Federal, State, or local law and do not supersede or limit any and all other penalties
provided by law The Administrator may seek, at his discretion, cumulative remedies
CHAPTER 8. SUSPENSION OF MS4 ACCESS.
15 -8 -1 Suspension of MS4 Access Due to Detection of Illicit Discharges
A Any person discharging to the MS4 in violation of this Title may have their MS4 access
terminated If such termination would abate or reduce an illicit discharge The Village shall
notify a violator of the proposed termination of its MS4 access The violator may petition the
Village for a reconsideration and hearing A person commits an offense if the person
reinstates MS4 access to premises terminated pursuant to this Section without the prior
approval of the Village
B In emergency situations, the Village may, without prior notice, suspend MS4 discharge
access to a person when such suspension is necessary to stop an actual or threatened
discharge, which presents, or may present, imminent and substantial danger to the
environment, or to the health or welfare of persons, or to the MS4, storm drainage system, or
Waters of the United States. If the violator fails to comply with a suspension order issued in
an emergency, the Village may take such steps as deemed necessary to prevent or minimize
damage to the MS4, storm drainage system, or Waters of the United States, or to minimize
danger to public health and safety The Village shall obtain an emergency court order
authorizing such termination
ARTICLE 9. APPEALS.
15 -9 -1 Right to Appeal
A Every request for an appeal shall be made in writing to the Administrator The Administrator
may delegate the hearing of appeals to the Oversight Committee of the Village in the manner
provided for below
B Any person aggrieved by any decision, ruling, or determination by the Administrator, or by
ORDINANCE 2009- SWM- IDDE -EX1 -G -897
Illicit Discharge Detection & Elimination
Of Stormwater
Page 13 of 14
any interpretation or application of any provision of this Title may appeal such matter. An
appeal of any decision made by the Administrator shall be made within seven (7) calendar
days of the decision contested, except for an appeal involving the assessment charge or
calculation of any fine or penalty, in which cases such an appeal shall be brought before said
amount becomes thirty (30) days past due
The appeal procedure shall commence when the person aggrieved notifies the
Administrator in writing of the intent to appeal the decision of the Administrator Such
notice shall contain a short, clear, statement stating the following:
a Identifying the decision of the Administrator which such person is appealing and how
this Title has been misread, misinterpreted, or misapplied in this instance and /or any
mistakes of fact the aggrieved believes the Administrator to have relied upon.
b The name and both a mailing address and a telephone number of the person making
the request, which-contact information shall be used for giving notices related to the
appeal The person making the request shall attach all written materials on which he
or she intends to rely upon in support of the request
2 The Administrator may, without conducting a hearing, grant relief sought by the appeal,
or may set the matter over for a hearing in the manner provided in Section 15 -9 -1 B3
3 Upon receipt of such Notice of Appeal, if relief is not granted by the Administrator, the
Administrator shall set a date for a hearing Such hearing shall take place no fewer than
fourteen (14) days nor more than thirty (30) days from the date that the Administrator
receives such Notice of Appeal unless the Administrator and party requesting the hearing
agree to a different schedule. The Administrator shall notify the person making the
appeal of the date of such hearing
4 At the hearing, the person making the appeal may appear in person or be represented by
counsel. The decision concerning the appeal shall be in writing, shall be communicated
to the person making the appeal, and shall state a finding upon which the decision is
based
C The Oversight Committee shall have the authority to reverse, modify, or affirm any decision,
ruling, or determination by the Administrator made pursuant to this Title upon appeal The
Oversight Committee shall not act in a manner that would violate or in any way conflict with
any Federal or State standard or requirement The Oversight Committee or Village Board
may adopt such additional rules and procedures as it deems appropriate for performing such
matters
D The decision of the Oversight Committee may be appealed to the Village Board
15 -9 -2 Enforcement Measures after Appeal
If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, or,
in the event of an appeal, within seven (7) days of the decision of the Administrator or Oversight
Committee upholding the decision of the Administrator, then representatives of the Village are authorized
to take any and all measures necessary to abate the violation and/or restore the property In no case
shall an appeal stay or bar the Village from commencing a legal action seeking emergency relief
ORDINANCE 2009- SWM- IDDE -EX1 -G -897
Illicit Discharge Detection & Elimination
Of Stormwater
Page 14 of 14
CHAPTER 10. MISCELLANEOUS PROVISIONS.
15 -10 -1 Severability
The provisions of this Title are hereby declared to be severable If any provision, clause, sentence, or
paragraph of this Title or the application thereof to any person, establishment, or circumstances shall be
held invalid, such invalidity shall not affect the other provisions or application of this Title
15 -10 -2 Most Restrictive Provisions Apply
A The provisions of this Title shall be interpreted to be cumulative of, and to impose limitations
in addition to, all other ordinances, laws, codes, and regulations in existence or which may be
passed governing any subject matter of this Title To the greatest extent possible, the
provisions of this Title shall be construed to be consistent with, and not in conflict with, the
provisions of such other ordinances, laws, codes, and regulations, and with each other, to the
end that all such provisions may be given their fullest application.
B This Title is not intended to modify or repeal any other ordinance, rule, regulation, or other
provision of law Where any provision of this Title imposes restrictions different from those
imposed by any other ordinance, rule, regulation, or other provision of law, whichever
provision is more restrictive or imposes higher protective standards for human health or the
environment shall control
15 -10 -3 Ultimate Responsibility
The standards set forth herein and promulgated pursuant to this Title are minimum standards; therefore,
this Title does not intend or imply that compliance by any person will ensure that there will be no
contamination, pollution, or unauthorized discharge of pollutants
15 -10 -4 Effective Date.
This Ordinance shall take effect for all purposes, and its effective date shall be September 8, 2009