Chapter 71
WATERSHED DEVELOPMENT

Article I. In General

Sec. 71-1. Adoption by reference.

Sec. 71-2. Modifications.

Sec. 71-3. Violation; penalty.

Secs. 71-4 71-29. Reserved.

Article II. Illicit Discharge And Connection To Storm Drainage System

Sec. 71-30. Purpose.

Sec. 71-31. Definitions.

Sec. 71-32. Applicability.

Sec. 71-33. Responsibility for administration.

Sec. 71-34. Ultimate responsibility.

Sec. 71-35. Discharge prohibitions.

Sec. 71-36. Suspension of MS4 access.

Sec. 71-37. Industrial or construction activity discharges.

Sec. 71-38. Monitoring of discharges.

Sec. 71-39. Requirements to prevent, control, and reduce stormwater pollutants by the use of best management practices.

Sec. 71-40. Watercourse protection.

Sec. 71-41. Notification of spills.

Sec. 71-42. Enforcement.

Sec. 71-43. Appeal of notice of violation.

Sec. 71-44. Enforcement measures after appeal.

Sec. 71-45. Cost of abatement of the violation.

Sec. 71-46. Injunctive relief.

Sec. 71-47. Violations deemed a public nuisance.

Sec. 71-48. Remedies not exclusive.

ARTICLE I.
IN GENERAL

Sec. 71-1. Adoption by reference.

(a) The provisions of the Lake County Watershed Development Ordinance approved as amended by the Lake County Board on January 10, 2006, are adopted herein by reference, subject to the modifications, supplements and exceptions set out in this chapter.

(b) In the event of conflict between the provisions of the Lake County Watershed Development Ordinance and any other provisions of the Gurnee Municipal Code, the most stringent provisions shall apply.

(c) The village engineer shall serve as the enforcement officer for the purpose of administering the provisions of the Lake County Stormwater Management Ordinance.

(Ord. No. 2006-27, II, 4-3-2006)

Sec. 71-2. Modifications.

The following sections of the Lake County Watershed Development Ordinance are modified as follows:

(a) Section A.4 shall be amended to read as follows:

Section A.4 Prior to the issuance of a Watershed Development Permit, the applicant may request a Conditional Approval of a Clearing and Grading Permit.

(b) Section A.4.b shall be amended to read as follows:

Section A.4.b Clearing and Grading Permit. If all the performance standards and application requirements in Article IV, Section B, C, D, E, and F have been met, except for obtaining all the required local, state and federal approvals, a request for the commencement of clearing or grading activities may be made on a site prior to the issuance of a Watershed Development Permit. The proposed clearing or grading activity may commence with the issuance of a Clearing and Grading Permit. The Clearing and Grading permit constitutes written approval from the Enforcement Officer and Zoning Administrator and will state the conditions and limitations of the proposed clearing or grading activities. No development activity may occur in those portions of the site for which state and federal permits are required, except for IEPA sewer and water extension permits. Clearing and Grading Permits may not be granted for any development within a Regulatory Floodplain.

(c) Section B.1.b.3 shall be amended to read as follows:

Section B.1.b.3 Rainfall data for use with this ordinance shall be Table 13, Bulletin 70, dated 1989 and published by the Illinois State Water Survey, or as directed by the Enforcement Officer of the Certified Community. In no case shall the rainfall dates used by any development be less than that presented in Appendix I of the Watershed Development Ordinance.

(d) Section B.1.e.1 shall be amended by adding subsection (e), to read as follows:

Section B.1.e.1 (e) One (1) foot freeboard between the design high water level and the overflow shall be provided where possible.

(Ord. No. 2006-27, II, 4-3-2006)

Sec. 71-3. Violation; penalty.

Any person violating any provision of this chapter shall be punished as provided in section 1-11.

(Ord. No. 2006-27, II, 4-3-2006)

Secs. 71-4 71-29. Reserved.

ARTICLE II.
ILLICIT DISCHARGE AND CONNECTION TO STORM DRAINAGE SYSTEM

Sec. 71-30. Purpose.

The purpose of this article is to provide for the health, safety, and general welfare of the residents of the Village of Gurnee through the regulation of nonstormwater discharges to the storm drainage system to the maximum extent practicable as required by federal and state law.

This article establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this article are:

(1) To regulate the contribution of pollutants to the municipal separate storm sewer system (MS4) by stormwater discharges by any user;

(2) To prohibit illicit connections and discharges to the municipal separate storm sewer system;

(3) To establish legal authority to carry out all inspection, surveillance, and monitoring procedures necessary to ensure compliance with this article.

(Ord. No. 2009-23, I, 4-6-2009)

Sec. 71-31. Definitions.

For the purposes of this article, the following shall mean:

Best management practices (BMPs): Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.

Clean Water Act: The federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), and any subsequent amendments thereto.

Construction activity: Activities subject to NPDES Construction Permits. Such activities include, but are not limited to, clearing and grubbing, grading, excavating, and demolition.

Hazardous materials: Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

Illegal discharge: Any direct or indirect nonstormwater discharge to the storm drainage system, except as exempted in section 71-35 of this article.

Illicit connections: An illicit connection is defined as either of the following: Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drainage system including but not limited to any conveyances which allow any nonstormwater 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 village; or any drain or conveyance connected from a commercial or industrial land use to the storm drainage system which has not been documented in plans, maps, or equivalent records and approved by the village.

Industrial activity: Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b)(14).

National Pollutant Discharge Elimination System (NPDES) stormwater discharge permit: A permit issued by EPA (or by a state under authority delegated pursuant to 33 USC 1342(b)) 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.

Nonstormwater discharge: Any discharge to the storm drainage system that is not composed entirely of stormwater.

Person: Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent.

Pollutant: Anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, 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.

Storm drainage system: Publicly owned facilities 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.

Stormwater: Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.

Stormwater pollution prevention plan: A document which describes the best management practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable.

Wastewater: Any water or other liquid, other than uncontaminated stormwater, discharged from a facility.

(Ord. No. 2009-23, I, 4-6-2009)

Sec. 71-32. Applicability.

This article shall apply to all water entering the storm drainage system generated on any developed and undeveloped lands unless explicitly exempted by the village.

(Ord. No. 2009-23, I, 4-6-2009)

Sec. 71-33. Responsibility for administration.

The Village of Gurnee shall administer, implement, and enforce the provisions of this article. Any powers granted or duties imposed upon the village may be delegated in writing by the village administrator to persons or entities acting in the beneficial interest of or in the employ of the village.

(Ord. No. 2009-23, I, 4-6-2009)

Sec. 71-34. Ultimate responsibility.

The standards set forth herein and promulgated pursuant to this article are minimum standards; therefore this article does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants.

(Ord. No. 2009-23, I, 4-6-2009)

Sec. 71-35. Discharge prohibitions.

(a) Prohibition of illicit discharges.

(1) No person shall discharge or cause to be discharged into the municipal storm drainage system or watercourses any materials, including, but not limited to, pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than stormwater.

(2) The commencement, conduct, or continuance of any illegal discharge to the storm drainage system is prohibited.

(b) Exempt discharges. The following discharges are exempt from discharge prohibitions established by this article:

(1) Water line flushing or other potable water sources; landscape irrigation or lawn watering; diverted stream flows; rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems, such as dewatering excavations for foundations or pipelines), crawl space pumps; air conditioning condensation; and springs; noncommercial washing of vehicles, natural riparian habitat or wetland flows, water from swimming pools with less than one part per million (PPM) of chlorine, firefighting activities; and any other water source not containing pollutants.

(2) Discharges specified in writing by the village as being necessary to protect public health and safety. Dye testing is an allowable discharge, but requires a written notification to the village prior to the time of the test.

(3) This prohibition shall not apply to any nonstormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drainage system.

(c) Prohibition of illicit connections.

(1) The construction, use, maintenance, or continued existence of illicit connections to the storm drainage system is prohibited.

(2) 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.

(3) A person is considered to be in violation of this article if the person connects a line conveying nonstormwater discharge to the MS4, or allows such a connection to continue.

(Ord. No. 2009-23, I, 4-6-2009; Ord. No. 2009-30, I, 4-20-2009)

Sec. 71-36. Suspension of MS4 access.

(a) Suspension due to illicit discharges 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 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 or waters of the United States, or to minimize danger to persons.

(b) Suspension due to the detection of illicit discharge. Any person discharging to the MS4 in violation of this article may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The village will 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.

(Ord. No. 2009-23, I, 4-6-2009)

Sec. 71-37. Industrial or construction activity discharges.

Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the village prior to the allowing of discharges to the MS4.

(Ord. No. 2009-23, I, 4-6-2009)

Sec. 71-38. Monitoring of discharges.

(a) Applicability. This section applies to all facilities that have stormwater discharges associated with industrial activity, including construction activity.

(b) Access to facilities. The village shall be permitted to enter and inspect facilities subject to regulation under this article as often as may be necessary to determine compliance with this article.

(1) If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the village.

(2) Facility operators shall allow the village ready access to all parts of the premises for the purposes of inspection, sampling, examination, and copying of records that must be kept under the conditions of an NPDES permit to discharge stormwater, and the performance of any additional duties as defined by state and federal law.

(3) The village shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the village to conduct monitoring and/or sampling of the facility's stormwater discharge.

(4) The village has the right to require the discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.

(5) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the village and shall not be replaced. The costs of clearing such access shall be borne by the operator.

(6) Unreasonable delays in allowing the village access to a permitted facility is a violation of a stormwater discharge permit and of this article. A person who is the operator of a facility with a NPDES permit to discharge stormwater associated with industrial activity commits an offense if the person denies the village reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this article.

(c) If the village has been refused access to any part of the premises from which stormwater is discharged, and the village is able to demonstrate probable cause to believe that there may be a violation of this article, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this article or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the village may seek issuance of a search warrant from any court of competent jurisdiction.

(Ord. No. 2009-23, I, 4-6-2009)

Sec. 71-39. Requirements to prevent, control, and reduce stormwater pollutants by the use of best management practices.

The village will adopt requirements identifying best management practices (BMPs) for any activity, operation, or facility which may cause or contribute to pollution or contamination of stormwater, the storm drainage system, or waters of the United States. The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drainage system or watercourses through the use of these structural and nonstructural BMPs. Further, any person responsible for a property or premises, which is, or may be, the source of an illicit discharge, may be required to implement, at said person's expense, additional structural and nonstructural BMPs to prevent the further discharge of pollutants to the municipal separate storm sewer system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section. These BMPs shall be part of a stormwater pollution prevention plan (SWPPP) as necessary for compliance with requirements of the NPDES permit.

(Ord. No. 2009-23, I, 4-6-2009)

Sec. 71-40. Watercourse protection.

Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse.

(Ord. No. 2009-23, I, 4-6-2009)

Sec. 71-41. Notification of spills.

Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into stormwater, the storm drainage system, or waters of the United States, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials, said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of nonhazardous materials, said person shall notify the village in person or by phone or facsimile 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 of Gurnee within three business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years.

(Ord. No. 2009-23, I, 4-6-2009)

Sec. 71-42. Enforcement.

(a) Notice of violation. Whenever the village finds that a person has violated a prohibition or failed to meet a requirement of this article, the village may order compliance by written notice of violation to the responsible person.

(b) [Requirements.] Such notice may require without limitation:

(1) The performance of monitoring, analyses, and reporting;

(2) The elimination of illicit connections or discharges;

(3) That violating discharges, practices, or operations shall cease and desist;

(4) The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property; and

(5) Payment of a fine to cover administrative and remediation costs; and

(6) The implementation of source control or treatment BMPs.

(c) If abatement of a violation and/or restoration of affected property are required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator.

(d) Prosecution and penalties. In addition to other penalties as may be provided herein, any person who violates this article shall be subject to a fine of not more than $1,000.00 per occurrence. Each act of violation and every day upon which a violation occurs or continues constitutes a separate violation.

(Ord. No. 2009-23, I, 4-6-2009)

Sec. 71-43. Appeal of notice of violation.

(a) Any person receiving a notice of violation may make a written appeal to the village administrator's office within five days after the date of the notice of violation and shall contain a specific request for or waiver of a hearing before the village administrator.

(b) When a hearing is waived, the appealing party shall submit what documentation it desires to have the village administrator consider with the written appeal. The village administrator shall render a decision within ten days of the filing of the written appeal.

(c) If a hearing is requested, the village administrator shall schedule a hearing to be held within 30 days of receipt of the written appeal. The appealing party shall have the right to file additional documents, amend the written appeal, and to appear at such hearing in person, or by attorney, or otherwise, to examine and cross examine witnesses. The decision of the municipal authority shall be final.

(Ord. No. 2009-23, I, 4-6-2009)

Sec. 71-44. 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 ten days of the decision of the municipal authority upholding the decision of the village, then representatives of the village shall enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent, or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above.

(Ord. No. 2009-23, I, 4-6-2009)

Sec. 71-45. Cost of abatement of the violation.

Within 30 days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. If the amount due is not paid within a timely manner as determined by the village administrator, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. Any person violating any of the provisions of this article shall become liable to the village by reason of such violation.

(Ord. No. 2009-23, I, 4-6-2009)

Sec. 71-46. Injunctive relief.

It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this article. If a person has violated or continues to violate the provisions of this article, the village may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.

(Ord. No. 2009-23, I, 4-6-2009)

Sec. 71-47. Violations deemed a public nuisance.

In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this article is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.

(Ord. No. 2009-23, I, 4-6-2009)

Sec. 71-48. Remedies not exclusive.

The remedies listed in this article are not exclusive of any other remedies available under any applicable federal, state, or local law and it is within the discretion of the village to seek cumulative remedies.

(Ord. No. 2009-23, I, 4-6-2009)