R-1053 - 09/08/2009 - STORM WATER MANAGEMENT - Resolutions Supporting DocumentsITEM 10.13.1)
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:
Background/History:
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
'National Pollutant Discharge Elimination System
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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
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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
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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.
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R E S O L U T I O N
SM- 0006 -09
INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF DUPAGE,
ILLINOIS AND VILLAGE OF OAK BROOK, ILLINOIS FOR THE
IMPLEMENTATION OF THE ILLICIT DISCHARGE DETECTION AND
ELIMINATION PROGRAM
WHEREAS, the Village of Oak Brook, Illinois ( "VILLAGE ") and
the County of DuPage, Illinois ( "COUNTY ") are public agencies
within the meaning of the Illinois "Intergovernmental
Cooperation Act" 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 government bodies; and
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 and
several DuPage County municipalities; and
WHEREAS, NPDES Permits require permitees to develop,
implement, and adequately fund a plan to detect- and address non -
storm water discharges, including illegal dumping, to the storm
sewer systems of the permitees; and
WHEREAS, the Illinois General Assembly has authorized the
COUNTY to prevent the pollution of any stream or any body of
water within the COUNTY by 55 ILLS 5/5- 15015; and
WHEREAS, illicit discharges of pollutants into storm sewer
systems is a significant source of water pollution to DuPage
County streams and waterbodies; and
WHEREAS, the COUNTY has adopted the
'`'uPage 'County
atv ri4 a ter ha7a Oeim.e nt Plan ("PLAN"', pu?Slant t0 _L
CS 11/5-
1.062, which PLAN .recognizes that improved water quality is an
integral part of the proper management of storm and flood
waters; and
WHEREAS, the DuPage County Stormwater. Management Division
has worked closely with the municipal engineers of the co-
permitee municipalities to develop a program to detect, prohibit
and eliminate illicit discharges into the storm sewer systems of
the COUNTY and co- oermittees in order 'Co prevent water
pollution, and in particular, to comply with the requirements of
their General NPDES Phase II permit; and
WHEREAS, the DuPage County Stormwater Management Division
and the municipal engineers of the co- permitee municipalities
have developed a program that includes public education,
monitoring and tracing of illicit discharges; and
WHEREAS, the IEPA encourages partnership between permittees
to develop and implement aspects of the storm water management
program so that redundant expenses and efforts are eliminated;
and
WHEREAS, the attached AGREEMENT is j.ntended to reduce or
eliminate redundant NPDES Phase II permit program expenses and
efforts by and between the COUNTY and VILLAGE; and
WHEREAS, the attached AGREEMENT is also intended to reduce
and, or, prevent the pollution of any stream or any body of
water within the COUNTY and VILLAGE, and to reduce and, or,
prevent pollutants from entering the Waters of the United
States; and
WHEREAS, improving water quality in the COUNTY and VILLAGE,
and reducing or eliminating the public's exposure to water -borne
pollutants is in the best interests of the COUNTY,. the VILLAGE,
and their residents; and
WHEREAS, the Stormwater Management Planning Committee of
the DuPage County Board has reviewed and recommends approval of
the attached AGREEMENT; and
NOW, THEREFORE, BE IT RESOLVED by the DuPage County Board
that the attached AGREEMENT between the COUNTY and the VILLAGE
is hereby accepted and approved; and
BE IT FURTHER RESOLVED that the Chairman cf 1-ne DuPage
County Board is hereby authorized and directed to execute the
AGREEMENT on behalf of the COUNTY. --17
Enacted and approved this 13
Wheaton, Illinois. ,
ATTEST:
Ayes: 15
Absent: 3
Robert
DuPage
Gary A
of October, 2009 at
,I-n rst.rom, Chairman
Board
, County /qlerk
ITEM 10.13.2)
RESOLUTION 2009- AG- SWM- IDDE -EX1 -R -1053
A RESOLUTION AUTHORIZING THE EXECUTION OF AN
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE VILLAGE OF OAK BROOK, ILLINOIS AND THE COUNTY OF
DUPAGE, ILLINOIS FOR THE IMPLEMENTATION OF THE
ILLICIT DISCHARGE DETECTION AND ELIMINATION PROGRAM
WHEREAS, Article VII, §10 of the Illinois Constitution of 1970 and the Intergovernmental
Cooperation Act of the State of Illinois (5 ILCS 220/1, et seq.) authorize units of local government to
contract or otherwise associate among themselves to exercise, combine or transfer any power or function,
in any manner not prohibited by law; and to contract with any one or more other public agencies to
perform any governmental service, activity or undertaking, or to combine, transfer or exercise any powers,
functions, privileges or authority which any of the public agencies entering into the contract is authorized
by law to perform; and
WHEREAS, the President and Board of Trustees of the Village of Oak Brook deem it in the best
interests of the Village of Oak Brook to enter into this Intergovernmental agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS, as follows:
Section 1: The foregoing preambles are restated and incorporated herein by reference as though
fully set forth herein.
Section 2: The intergovernmental agreement by and between the Village of Oak Brook and the
County of DuPage is hereby approved. The Village President and Village Clerk are hereby authorized and
directed to execute same on behalf of the Village attached hereto as 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: All ordinances in conflict herewith are hereby repealed to the extent of such conflict.
Section 5: This resolution shall be in full force and effect from and after its passage, approval and
publication as required by law.
APPROVED THIS 81" day of September, 2009.
John W. Craig
Village President
Ayes: _
Nays: _
Absent:
Resolution 2009- AG- SWM- IDDE -R -1053
Authorizing the Execution of
Intergovernmental Agreement
with DuPage.. Page 2 of 2
PASSED THIS 8th day of September, 2009.
ATTEST:
Charlotte K. Pruss
Village Clerk