City of Toledo

Excerpt from City of Toledo Stormwater Management Ordinance Chapter 941

941.02 Purpose and policy

1. The purpose of this chapter is to ensure the health, safety, and general welfare of the citizens of Toledo by controlling non-storm water discharges to the storm water conveyance system, eliminating spills, dumping and disposal of materials other than storm water, and reducing pollutants in urban storm water discharges to the maximum extent practicable.
2. The objectives of this chapter include but are not limited to:
   1. To control the contribution of pollutants into the City’s municipal storm sewers system by storm water discharges associated with industrial activity and the quality of storm water discharged from sites of industrial activity.
   2. To prohibit illicit discharges to the municipal storm sewers system.
   3. To control discharges to the municipal storm sewers system of spills, dumping, or disposal of materials other than storm water.
   4. To control discharges to the municipal storm sewers system of storm water runoff from construction sites and commercial and/or residential sites.
   5. To provide the authority to carry out inspection, surveillance and monitoring procedures.
3. This chapter provides for the regulation of discharges to the City’s municipal storm sewer system through the enforcement of the provisions of this Chapter and the rules and regulations promulgated by the United States and Ohio Environmental Protection Agencies. The Director of Public Utilities shall be responsible for the administration and enforcement of provisions of this Chapter.
4. This Chapter provides for the incorporation of the provisions of the Code of Federal Regulations, Title 40 – Protection of Environment, Part 122 – EPA Administered Permit Programs; the National Pollutant Discharge Elimination System, Section 26 – Storm Water Discharges, commonly referred to as 40 CFR 122.26.

(Ord. 607-07.  Passed 10-2-07.)

941.06 Inspection, sampling and monitoring procedures.

The Director may inspect any construction site, industrial facility or other premises required to comply with the provisions of this chapter to determine compliance with the rules, regulations and standards of the Director. The storm water discharger shall allow the Director or his representatives to enter upon the premises of the discharger at all reasonable hours for the inspection, sampling and the examination and copying of records. The Director shall have the right to place or cause to be placed upon the storm water discharger’s property such devices as are necessary to conduct sampling, inspection and compliance monitoring. The City, at its option, may require the storm water discharger to conduct the storm water sampling.

(Ord. 139-95.  Passed 3-14-95.)

941.07 Administration and enforcement

1. Upon discovery of a violation of any provision of this chapter or any state or federal law or regulation governing storm water, the Director shall serve a notice of violation upon the violator.  The notice shall identify the specific violation, the applicable law or regulation, the possible penalties for noncompliance, and a recommendation for remedial action.
2. Upon receipt of the notice of violation, the violator shall have three (3) calendar days to abate the violation, with the exception of emergencies as addressed in (f) below.
3. Upon receipt of the notice of violation, the violator shall have seven (7) calendar days to respond in writing to the violation.
4. The Director may request persons engaging in activity and/or owning a facility, which may cause or contribute to storm water pollution or contamination, illicit discharges, and/or discharge of non-storm water to the municipal storm sewer system to perform monitoring activities and/or analyses and furnish such reports as needed.  This may include the installation of sampling devices or requiring the owner or person occupying the premises to supply samples.
5. When the time period for response and remedy has elapsed, and the violator has taken no or insufficient action, the Director may issue findings and orders to the violator.  Such findings and orders shall state the basis for the Director’s action, include a mandatory program for remedial action and identify the penalties that will be assessed for past and future noncompliance.  For purposes of appeal, the findings and orders issued by the Director shall constitute a final order.
6. In the event the Director has reasonable cause to determine that the situation, the property or the actions of any violator constitute an emergency requiring immediate action to protect the public health, safety or property, the Director shall take the immediate and necessary action to abate and eliminate the violation.

(Ord. 607-07.  Passed 10-2-07.)

941.08 Violation and enforcement costs

1. A storm water discharger who violates any of its own or the City’s NPDES permit condition or limitation is subject to a civil penalty not to exceed twenty-five thousand dollars ($25,000) per day for each violation.  A storm water discharger who violates any provision of this chapter but does not violate any NPDES permit condition or limitation is subject to a civil penalty not to exceed two thousand five hundred dollars ($2,500) per day for each violation.
2. Construction sites failing to notify the Division of Environmental Services three days prior to commencement of construction activities shall be subject to a civil penalty not to exceed $100.
3. In addition to the other penalties listed in this section, a storm water discharger who violates any provision of this chapter shall be liable to the City for any expense, loss or damage resulting from the cleaning, repair or replacement work caused by the violation.
4. In addition to the other penalties listed in this section, a storm water discharger shall be liable for any fine or penalty incurred by the City caused by the storm water discharger’s violation of this chapter.
5. Any storm water discharger who must be monitored by the City for enforcement and/or compliance shall be liable for the associated costs.
6. Enforcement remedies provided for in this chapter are not exclusive. The City may take all, or any combination of these actions against a party as well as any other enforcement deemed necessary.
7. In addition to the penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions of this Chapter is a threat to the public health, safety and welfare, and is declared and deemed a nuisance, and may be summarily abated and/or restored by any authorized enforcement official, and/or civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken by the city attorney.  The cost of such abatement and restoration shall be borne by the owner of the property.  Cost recovery plus additional fees shall be assessed and shall be the responsibility of the property owner.
8. If any violation of this Chapter constitutes a seasonal and recurrent nuisance, the City shall so declare it a public nuisance and pursue additional orders.
9. Whenever an area of land, including but not limited to a construction site, is deemed a public nuisance and abatement of the violation does not occur, the Director or his designee may order any or all work to be immediately stopped.  The stop work order will be in writing and directed to the person that appears to be doing the work and/or the property owner, unless the determination to stop work is made in the field.  In this case stop work orders may be given orally and will be reduced to writing within 24 hours.  The orders will state the specific work to be stopped, the specific reasons for the stoppage, and the conditions under which the work may be resumed.  Violation of a stop work order constitutes a misdemeanor of the third degree, as defined in Chapter 5, General Offenses Code, Section 501.99.

(Ord. 607-07.  Passed 10-2-07.)

941.13 Post Construction

1. The following information must be provided in the SWP3:
   1. the person(s) or organization(s) responsible for post- construction maintenance;
   2. the specific maintenance duties and funding sources for each person or organization identified in 941.13(a)(1).
2. All storm water, post-construction BMP’s shall:
   1. minimize the need for maintenance and reduce the chances of failure;
   2. be maintained in accordance with the measures outlined in the most recent version of the sites’ SWP3, and as approved in the construction general permit;
3. The property owner/operator shall:
   1. grant a right of entry to the City to permit on-site inspections or routine maintenance at reasonable times;
   2. keep inspection and maintenance reports on file and provide them for inspection, upon request. 
   3. permit the City to conduct inspections to confirm the information in the reports filed.
4. Non-routine maintenance shall be performed on an as-needed basis based on information gathered during inspections.  Non- routine maintenance includes maintenance activities that are expensive but infrequent, such as but not limited to, pond dredging or major repairs to storm water structures. If non-routine maintenance activities are not completed in a timely manner or as specified in the approved plan, the City or its agent may complete the necessary maintenance at the owner’s/operator’s expense.

(Ord. 607-07.  Passed 10-2-07.)

943.03 Necessity for Charges.

It is hereby determined necessary for the protection of public health, safety, and welfare and to conform with Federal, State, and local laws and regulations that a system of charges for storm water service be established which allocates the cost of providing storm water service to each user in such a manner that the allocated costs are proportionate to the cost of providing storm water service to that user, insofar as those costs can reasonably be determined.

(Ord. 586-99.  Passed 11-9-99.)

943.09 Adjustments.

1. In the event the amount of impervious area on a non-residential property is increased above that assigned by the Department of Public Utilities, an adjustment may be made to the ERU multiple assigned to the property to properly reflect the amount of impervious area.  The new ERU multiple shall be billed from the date on which the Department mails a notification of the change to the owner of the property and shall not be stayed by an appeal under Section 943.10.  If the Department of Public Utilities finds that it has been underbilling a non-residential property as a result of the increase in impervious area, the owner may be charged for the difference between the amount actually billed and the amount that should have been billed for a period of time not to exceed one year prior to the date of the Department’s mailing of a notification to the owner that an adjustment is being made to the property’s ERU multiple.
2. The owner of a non-residential property may apply for an adjustment to the ERU multiple if the owner has taken certain actions that reduce the impact of storm water runoff to the storm water system.  The maximum adjustment that may be made to the ERU multiple for any non-residential property is 50% consisting of any one or more of the following credit options:

(Ord. 708-00.  Passed 8-29-00; Ord. 607-07.  Passed 10-2-07.)

Toledo Municipal Code