Back To Board Minutes Listing 2008-3 continued | Saturday, April 4, 2009
Section 5. Exempted Discharges:
The following discharges are exempt from the regulations in thi! ordinance:
(1) Water line and fire hydrant flushing.
(2) Landscape irrigation.
(3) Rising ground waters.
(4) Uncontaminated ground water infiltration.
(5) Uncontaminated pumped ground water.
(6) Discharges from potable water sources.
(7) Foundation drains.
(8) Air conditioning condensation.
(9) Irrigation water (except for wastewater irrigation).
(10) Springs.
(11) Water from crawl space pumps.
(12) Footing drains.
(13) Storm sewer cleaning.
(14) Water from individual car washing on properties residential zoned.
(15) Routine external building wash-down which does not use detergents.
(16) Flows from riparian habitats and wetlands.
(17) De-chlorinated pH neutral swimming pool discharges.
(18) Residual street wash water.
(19) Discharges or flows from firefighting activities.
(20) Dechlorinated water reservoir discharges.
(21) Pavement wash waters where spills or leaks of toxic or hazardous materials have not occurred (unless all spilled material has been removed).
Section 6. Pollutant Discharge:
Notwithstanding the listed exemptions of this division, any discharge shall be prohibited by this ordinance if the discharge in question has been determined by the Superintendent of Public Works to be a source of pollutants to the storm drainage system. The construction, use, maintenance or continued existence of illicit connections to the storm drainage system are prohibited. 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.
Section 7. Prohibited Connection:
a. No person shall connect or maintain any line conveying sanitary sewage, domestic sewage or industrial waste, to the storm drainage system, or allow such a connection to continue.
b. No person shall connect downspouts or roof guttering from any building's roof to either a private storm drainage tile connected to the public storm drainage system or to a public storm drainage main or allow such a connection to continue.
c. No person shall connect or maintain any line conveying storm water to a private sewer line connected to the public sewer system or allow such a connection to continue.
d. No person shall connect or maintain any connection of any kind from a sump pump discharging drainage water of any kind or quality to the public sewer system or sewer main by any means or allow such a connection to continue.
Section 8. Interference:
No person shall interfere with Best Management Practices (BMPs) implemented pursuant to this ordinance.
DIVISION 3. REQUIREMENTS FOR CERTAIN DISCHARGERS
Section 1. Private Drainage System Maintenance:
The owner of any private drainage system shall maintain the system to prevent or reduce the discharge of pollutants. This maintenance shall include, but is not limited to, sediment removal, bank erosion repairs, maintenance of vegetative cover, and removal of debris from pipes and structures.
Section 2. Minimization Of Irrigation Runoff:
Irrigation systems shall be managed to reduce the discharge of water from a site. Section 2. Cleaning Of Paved Surfaces Required:
The owner of any paved parking lot, street or drive shall clean the pavement as required to prevent the buildup and discharge of pollutants. The visible buildup of mechanical fluid, waste materials, sediment or debris is a violation of this ordinance. Paved surfaces shall be cleaned by dry sweeping, wet vacuum sweeping, collection and treatment of wash water or other methods in compliance with this ordinance. This section does not apply to pollutants discharged from construction activities, which are otherwise specified.
Section 3. Mobile Commercial Cosmetic Cleaning Operations:
Mobile commercial cosmetic cleaning operations shall not discharge to the storm drainage system in violation of this ordinance.
Section 4. Maintenance Of Equipment
Any leak or spill related to equipment maintenance in an outdoor, uncovered area shall be contained to prevent the potential release of pollutants. Vehicles, machinery and equipment must be maintained to reduce leaking fluids.
Section 5. Materials Storage:
In addition to other requirements of this ordinance, materials shall be stored to prevent the potential release of pollutants. The uncovered, outdoor storage of unsealed containers of hazardous substances is prohibited.
Section 6. Pet Waste:
Pet waste shall be disposed of as solid waste or sanitary sewage in a timely manner, to prevent discharge to the storm drainage system.
Section 7. Pesticides, Herbicides And Fertilizers:
Pesticides, herbicides and fertilizers shall be applied in accordance with manufacturer recommendations and applicable laws. Excessive application shall be avoided.
Section 8. Prohibition On Use Of Pesticides And Fungicides Banned From
Manufacture:
Use of any pesticide, herbicide or fungicide, the manufacture of which has been either voluntarily discontinued or prohibited by the U.S. environmental protection agency, or any federal, state or local jurisdiction.
Section 9. Open Drainage Channel Maintenance:
Every person owning or occupying property through which an open drainage channel passes shall keep and maintain that part of the drainage channel within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or retard the flow of water through the drainage channel. In addition, the owner or occupant shall maintain existing privately owned structures adjacent to a drainage channel, so that such structures will not become a hazard to the use, function, or physical integrity of the drainage channel.
Section 10. Release Reporting And Cleanup:
Any person responsible for a known or suspected release of materials which are resulting in or may result in illegal discharges to the storm drainage system shall take all necessary steps to ensure the discovery, containment, abatement and cleanup of such release. In the event of such a release of a hazardous material, said person shall comply with all state, federal, and local laws requiring reporting, cleanup, containment, and any other appropriate remedial action in response to the release. In the event of such a release of non-hazardous materials, said person shall notify the Superintendent of Public Works no later than the close of the next business day.
Section 11. Authorization To Adopt And Impose Best Management Practices:
The Village of Colfax may adopt and impose requirements identifying Best Management Practices (BMPs) for any activity, operation, or facility, which may cause a discharge of pollutants to the storm drainage system. Where specific BMPs are required, every person undertaking such activity or operation, or owning or operating such facility shall implement and maintain these BMPs at their own expense.
DIVISION 4. INSPECTIONS
Section 1. Inspections:
a. Inspections regarding Division 2 Purported Prohibited Actions and Division 3 Requirements for Certain Discharges.
The Village of Colfax shall make inspections as required with regard to all Division 2 purported prohibited actions and Division 3 in accordance with the terms and provisions of Division 7 of this Ordinance.
b. inspections regarding grading and drainage permit holder.
The Village of Colfax shall make inspections as required and shall notify the grading and drainage permit holder in the event that the work fails to comply with the requirements of this ordinance. The notification of any deficiencies in the work or violations of this ordinance shall be posted at the site and mailed to the owner of the site by ordinary mail.
The owner of the site shall notify the Superintendent of Public Works:
(1) Two (2) working days prior to the start of any land disturbing activities,
(2) Upon completion of installation of sediment and runoff control measures (including perimeter controls and diversions), and
(3) After final stabilization and landscaping and prior to removal of temporary sediment controls.
Section 2. Special Precautions:
If at any stage of the grading of any development site the Village of Colfax determines by inspection that the nature of the site is such that further work authorized by an existing permit is likely to imperil any property, public way, stream, lake, wetland, or drainage structure, the Village of Colfax shall require, as a condition of allowing the work to be done, that such reasonable special precautions to be taken as is considered advisable to avoid the likelihood of such peril. "Special precautions" may include, but shall not be limited to, a more level exposed slope, construction of additional drainage facilities, berms, terracing, compaction, cribbing, installation of plant materials for erosion control, and recommendations of a certified professional in erosion and sediment control or a professional engineer, which may be made requirements for further work. Where it appears that storm damage may result because the grading on any development site is not complete, work shall be stopped and the grading and drainage permit holder required to install temporary structures or take such other measures as may be required to protect adjoining property or the public safety. On large developments or where unusual site conditions prevail, the Superintendent of Public Works shall specify the time of starting grading and time of completion or may require that the operations be conducted in specific stages so as to ensure completion of protective measures or devices prior to the advent of seasonal rains.
Section 3. Amendment Of Plans:
Major amendments to storm water drainage and detention or grading and drainage plans shall be submitted to the Superintendent of Public Works and shall be processed and approved or disapproved in the same manner as the original plans. Field modification of a minor nature may be authorized and documented by the Superintendent of Public Works.
DIVISION 5. RESPONSIBILITY
Sec. 1. Applicant:
The applicant for a grading and drainage permit shall not be relieved of responsibility for damage to persons or property otherwise imposed by law. Section 2. Jurisdiction:
The Village of Colfax or its officers or agents, will not be made liable for auth damage, by:
1) the issuance of a grading and drainage permit under this ordinance,
2) compliance with the provisions of that grading and drainage permit or
conditions attached to it by the Superintendent of Public Works,
3) failure of the Village of Colfax to observe or recognize hazardous or unsightly
conditions,
4) failure of the Village of Colfax officials to recommend denial or to deny a
grading and drainage permit, or
5) exemptions from grading and drainage permit requirements of this ordinance.
DIVISION 6. MAINTENANCE OF DRAINAGE FACILITIES AND FEES SectIon 1. Responsibility For Maintenance:
The Village of Colfax will maintain those drainage facilities that are on public land and have been dedicated and accepted for maintenance or stipulated by agreement for maintenance by the Village of Colfax. All other drainage facilities including, but not limited to, private storm drainage lines, when located on other than public property, shall be the responsibility of the owner of the property on which they exist or the owner of the drainage facility, regardless of whether or not dedicated easements exist over said facilities.
Section 2. Fees:
For each residence, apartment unit, mobile home unit, and business a fee of $3.00 per month shall be charged for the cost of the use of public storm water control services.
Section 3. Payment of Bills.
a. Bills for storm water control services fee shall be rendered monthly on or before the last day of the month along with and added to, as a separate line item on the monthly billing issued for sewerage and water services, and shall be payable within 15 days after rendition thereof, and in the event such bills are not paid within said 15 days, a service charge of 5 percent shall be added thereto. When the last day for payment of the bill falls on a Sunday or a legal holiday, the time for payment of the bill will be automatically extended to include the first full business day following.
b. In the event the charges for storm water control services are not paid within 30 days after rendition of that bill, then such service charges shall be deemed and hereby declared to be delinquent, and thereafter such delinquent charge shall constitute a lien upon the real estate for which storm water control services were supplied.
The Village Clerk is hereby authorized each month to file sworn statements showing such delinquencies in the office of the Recorder of Deeds of McLean County, Illinois, and the filing of such statement shall be deemed notice of a lien for the payments of such charges for storm water control services.
c. Bills and notices will be mailed or delivered to the person (customer) to whom the water and sewerage bills are mailed or delivered by the Village to the last address as shown by the records of the village, when due, but failure to receive bills for the storm water control services fee does not relieve the customer from the obligation to pay the bill.
d. The first billing for the monthly public storm water control services fee shall commence with the combined billing for water and sewerage services following the end of the month of June, 2008.
DIVISION 7. ENFORCEMENT
Section 1. Right Of Entry And Sampling:
(a) Whenever the Superintendent of Public Works has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this ordinance, the Superintendent of Public Works shall have the right to enter the premises at any reasonable time to determine if the discharger is complying with all requirements of this Ordinance. In the event that the owner or occupant refuses entry after a request to enter has been made, the Village Attorney of the Village of Colfax is hereby empowered to seek assistance from a court of competent jurisdiction in obtaining such entry.
(b) The Superintendent of Public Works shall have the right to set up on the property of any discharger to the storm drainage system such devices that are necessary to conduct sampling of discharges.
(c) During the absence or inability of the Superintendent of Public Works to so act, the Assistant Superintendent of Public Works shall have the authority to conduct such inspections.
Section 2. Notice Of Violation:
Whenever the Superintendent of Public Works (or the Assistant Superintendent of Public Works, as the case may be) determines that a person has violated or failed to meet a requirement of this ordinance, the enforcement person will order compliance by written notice of violation to the responsible person. Posting the written notice on the property will constitute written notice. Whenever possible, a copy of the notice of violation will be mailed by ordinary mail or delivered to the person (customer) to whom the water and sewerage bills are mailed or delivered by the Village to the last address as shown by the records of the Village.
The notice of violation shall include:
(1) The name of the responsible person, customer or property owner.
(2) The date and location of the violation.
(3) A description of the violation.
(4) Actions that must be taken by the responsible person to remedy the violation.
(5) The deadline within which the required actions must be completed.
(6) Enforcement actions that may be taken by the Village attomey of the Village of Colfax.
(7) Notice date.
(8) Any person receiving a notice of violation may file a written appeal to the public works director within fifteen (15) days of the notice date. The Superintendent of Public Works will affirm, modify or rescind the notice in writing, within fifteen (15) days of the date of the appeal. If the recipient of a notice of violation is dissatisfied with the outcome of the appeal to the Superintendent of Public Works, the appeal process outlined in Division 7 of this Ordinance will be followed.
Section 3. Action Without Prior Notice:
Any person who violates or fails to meet a requirement of this ordinance will be subject, without prior notice, to one or more of the enforcement actions identified In this ordinance when attempts to contact the person have failed and the enforcement actions are necessary to stop an actual or threatened discharge which presents or may present imminent danger to the environment or to the health or welfare of persons or to the storm drainage system.
Section 4. Enforcement Actions:
Any person who fails to comply with or appeal a notice of violation, or fails to comply with an appeal decision of the Superintendent of Public Works, will be subject to one or more of the following enforcement actions:
(1) Stop Work Order: The Superintendent of Public Works may issue a stop work order to the owner and contractors on a construction site, by posting the order at the construction site and distributing the order to all Village of Colfax departments whose decisions may affect any activity at the site. Unless express written exception is made, the stop work order shall prohibit any further construction activity at the site and shall bar any further inspection or approval necessary to commence or continue construction or to assume occupancy at the site. A notice of violation shall accompany the stop work order, and shall define the compliance requirements.
(2) Abatement Of An Illicit Connection: The Superintendent of Public Works may terminate an illicit connection. Any expense related to such abatement shall be fully reimbursed by the property owner.
(3) Abatement Of A Violation On Private Property: When a property owner is not available, not able or not willing to correct a violation, the Superintendent of Public Works may enter private property to take any and all measures necessary to abate the violation. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the Superintendent of Public Works to enter upon the premises for these purposes. Any expense related to such abatement shall be fully reimbursed by the property owner.
(4) Recover, Of Costs: Within thirty (30) days after abatement by the Superintendent of Public Works, the Village Clerk shall notify the property owner of the costs of abatement, including administrative costs, and the deadline for payment. The property owner may appeal the recovery costs as outlined in Division 7 of this Ordinance.
(5) Termination Of Utility Seruices : After lawful notice to the customer and property owner concerning the proposed disconnection, the Village President shall have the authority to order the disconnection of Village of Colfax water, sanitary sewer and/or sanitation services, upon a finding by the Superintendent of Public Works that the disconnection of utility services will remove a violation of this ordinance that poses a public health hazard or environmental hazard.
(6) Criminal Prosecution : Any person who violates or continues to violate a prohibition or requirement of this ordinance shall be liable to criminal prosecution to the fullest extent of the law, and shall be subject to criminal penalties.
Section 5. Criminal Penalties:
Any person violating this ordinance shall, upon an adjudication of guilt or a plea of no contest, be fined a minimum of two hundred fifty dollars ($250.00) to a maximum of one thousand dollars ($1 ,000.00). Each separate day on which a violation is committed or continues shall constitute a separate offense.
Section 6. Other Legal Action:
Notwithstanding any other remedies or procedures available to the Village of Colfax, if any person violates this ordinance, the Village attorney of the Village of Colfax may commence an action for appropriate legal and equitable relief including damages and court costs. The Village attorney of the Village of Colfax may seek a preliminary or permanent injunction or both which restrains or compels the activities on the part of the discharger.
DIVISION 7. VARIANCES AND APPEALS
Section 1. General Procedures:
The Storm Water Board of Appeals, after a public hearing, may: 1) determine and vary the requirements and regulations of this ordinance in harmony with their general purpose and intent, where the Storm Water Board of Appeals make written findings of fact in accordance with the standards herein after prescribed and further, find that there are practical difficulties or particular hardships in the way of carrying out the strict letter of requirements and regulations of this ordinance, and 2) uphold, modify or overrule the decision of the Superintendent of Public Works.
A written application for a variance from the requirements of this ordinance or an appeal of a decision by the Superintendent of Public Works shall be filed within thirty (30) days of the time that the applicant became aware of the need for the variance or the decision. The application shall fully state the grounds of the request and the facts relied upon by the applicant. Each application shall be filed with the Superintendent of Public Works. And said application shall be accompanied by a fee in the amount of eighty dollars ($80.00) toward the costs of processing the application. Should the application be withdrawn prior to publication of legal notice thereon, such fee will be returned upon the written request of the applicant.
The Storm Water Board of Appeals shall give at least fifteen (15) days notice of the time and place of such hearing by insertion in a daily newspaper published in the Village of Colfax and shall also give notice delivered personally or by mail at least five (5) days before the time fixed for such hearing to the applicant or appellant and to the Superintendent of Public Works and to the respective owners of record of property adjoining or adjacent to the premises in question. Any party may appear at such hearing in person or by agent, or by attorney.
The re-filing of denied requests for variance or appeals denied by the Storm Water Board of Appeals, that are not substantially or materially different from the previously filed request or appeal, shall not be accepted from the same or different person for the following periods of time:
(1) For a six (6) month period from the date of the first decision by the Storm Water Board of Appeals.
(2) For a one year period from the date of subsequent decisions by the Storm Water Board of Appeals.
The Superintendent of Public Works shall determine whether a request is substantially or materially different and submittable, although the storm water board of appeals may, by majority vote, reverse a decision of the Superintendent of Public Works to not accept a request following a denied request or appeal. The Superintendent of Public Works will review and transmit recommendations to the storm water board of appeals, which shall review such recommendations prior to granting or denying the variance.
Section 2. Variances:
The Storm Water Board of Appeals shall not vary the requirements and regulations of this ordinance unless evidence is presented that proves that the following three (3) situations exist:
(1) The land in question is of such shape or size or is affected by such physical conditions or is subject to such title limitations or record, that it is impossible or impractical for the applicant to comply with all of the requirements of this ordinance; and
(2) The variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; and
(3) The granting of the variance will not be detrimental to the public welfare, environment or injurious to other property in the vicinity of the subjects property.
The Storm Water Board of Appeals shall hold a public hearing on each application for variance within sixty (60) days after the application for a variance is received by the Superintendent of Public Works. Within sixty (60) days after the public hearing, the storm water board of appeals shall approve the variance with the conditions it deems necessary, disapprove the variance or take other such action as appropriate.
Section 3. Appeals:
The Storm Water Board of Appeals shall consider each application for modification to the decision of the Superintendent of Public Works at a public meeting within sixty (60) days after the appeal application is received by the Superintendent of Public Works. Within sixty (60) days after the public meeting, the appropriate entity shall uphold, modify or overrule the decision of the Superintendent of Public Works.
Section 4. Storm Water Board Of Appeals:
(a) Creation, Membership And Procedure: The duly appointed members of the Zoning Board of Appeals shall also constitute the Storm Water Board of Appeals with terms consistent with the terms of office of the Zoning Board of Appeals. The Village council may remove any member of the board for cause prior to the expiration of his/her term.
(1) The board shall elect its own chair and vice chair and have the power to adopt rules and regulations for its own government, not inconsistent with law or with the provisions of this or any other ordinance of the Village of Colfax. Meetings shall be held at the caD of the chair and at such other times as the board may determine. The chair, or in his absence, the vice chair, may administer oaths and compel attendance of the withesses.
(2) Meetings of the board shall be open to the public. Minutes shall be kept of proceedings, showing the action of the board and the vote of each member upon each question, or if absent, or failing to vote, indicating that fact and records shall be made of the board's examinations and other official actions, all of which shall be filed immediately in the office of the Village clerk.
(3) Three (3) members of the board shall constitute a quorum. The board shall act by resolution, and the concurring vote of three (3) members shall be necessary to reverse any order, requirement, decision or determination of the Superintendent of Public Works, or to decide in favor of an applicant any matter upon which it is required to pass under this ordinance, or to effect any variation in the requirements of this ordinance.
(4) The board may call on the Village's departments for assistance in the performance of its duties, and it shall be the duty of such departments to render such assistance to the board as may reasonably be required.
(b) Judicial Review: All final administrative decisions of the Storm Water Board of Appeals shall be subject to judicial review, pursuant to the provisions of the "administrative review act", approved May 8, 1945, and all amendments and modifications thereof, and the rules adopted pursuant thereto.

Division 7. Abrogation, Greater Restrictions, Severability and Effective Date:
Section 1. Abrogation. This ordinance is not intended to repeal, abrogate or impair any existing easements, covenants, or deed restrictions.
Section 2 Greater Restrictions. Where this ordinance and other ordinance, easements, covenants, or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
Section 3. Severabilility. The provisions and sections of this ordinance shall be deemed separable and the invalidity of any portion of this ordinance shall not affect the validity of the remainder.
Section 4. Effective Date. That this Ordinance, due to urgency in implementing policies and procedures for Storm Water Control, shall be in full force and effect from and after its passage, approval, and publication in booklet form, in accordance with the laws of the State of Illinois.

Passed by the Board of Trustees of the Village of Colfax, McLean County, Illinois, this 2nd day of June, 2008:

AYES: Donna Poppe; Dennis Farney; Bruce Green; Carol Stephenson; Lonnie Meiner; Rick Wagoner
NAYS:-0-
ABSENT: -0-

Approved by me this 2nd day of June, 2008:

signature on file
Mayor (President of the Board), Village of Colfax

Attested and filed in my office this 2nd day of June, 2008

signature on file
Village Clerk

CERTIFICATION OF ORDINANCE

STATE OF ILLINOIS   )
                              )SS
COUNTY OF Mc LEAN  )

I, Nancy Kiper, Village Clerk of the Village of Colfax, McLean County, Illinois, do hereby certify that the foregoing Ordinance constitutes a true and correct copy of said Ordinance, passed, approved, and published on the 2nd day of June, 2008.
I do further certify that said Ordinance has been placed in the permanent records of said Village where it now appears and remains in the Book of Minutes.
In Witness whereof, I have hereunto set my hand and seal of the Village of Colfax, McLean County, Illinois, this 2nd day of June, 2008.

signature on file
Nancy Kiper, Clerk of the Village of Colfax,
McLean County, Illinois.

CERTIFICATION OF ORDINANCE PUBLISHED IN PAMPHLET FORM

STATE OF ILLINOIS  )
                             )SS
COUNTY OF Mc LEAN )

I, Nancy Kiper, certify that I am the duly elected and acting municipal clerk of the Village of Colfax, McLean County, Illinois and I further certify that on June 2, 2008, the Corporate Authorities of such municipality passed and approved Ordinance No. 2008-3, entitled "AN
ORDINANCE REGULATING STORM WATER CONTROL FOR THE VILLAGE OF COLFAX ", which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. 2008-3, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building, commencing on June 2, 2008, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk.

Dated at Colfax, Illinois, this 2nd day of June, 2008.

signature on file
Village Clerk
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