Title: DuPage County Illicit Discharge Detection and Elimination IDDE Ordinance
1DuPage CountyIllicit Discharge Detection and
Elimination (IDDE) Ordinance
- Mary Beth Falsey, DuPage County EDP
2Background
- EPA NPDES Phase II
- Discharges from small MS4s
- Six minimum control measures
- Illicit Discharge Detection and Elimination
3DuPage County Illicit Discharge Detection and
Elimination Ordinance
- Culmination of workgroup meetings with municipal
representatives throughout DuPage County
4Article 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
5Article 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
6Definitions
- 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.
7Definitions
- 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.
8Definitions
- 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.
9Definitions
- 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.
10Definitions
- 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.
11Definitions
- 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).
12Article 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
13Article 4. Administration
- Sec. 16-31. Participating Communities
- Full participant
- Partial participant
- Non participant
14Full 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
15Partial 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
16Non- Participant
- Municipality responsible for developing and
implementing IDDE program to ensure compliance
with the IEPA NPDES regulations - No IGA submitted to County- NON-participant
17Article 4. Administration
- Sec. 16-32. Responsibility for Administration
- Sec. 16-33. Duties of Director
- Sec 16-34. Representative Capacity
18Article 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
19Exemptions
- 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
20Exemptions
- 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
21Exemptions
- 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
22Exemptions
- 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
23Article 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
24Article 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
25Article 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
26Article 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
27Article 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
28Article 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.
29Article 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
30Article 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
31Article 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
32Article 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
33Article 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
34Article 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
35Article 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
36Article 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
37Any Questions?