Back To Board Minutes Listing New Ordinances 2008-3 | Sunday, April 5, 2009

PASSED: JUNE 2, 2008





Whereas, the President and the Board of Trustees of the Village of Colfax find, agree and hold the opinion that for public safety and health purposes the Village of Colfax should establish specific regulations concerning storm water control as set forth hereinafter; and

Whereas, the President and the Board of Trustees of the Village of Colfax find, agree and hold the opinion that the need for such storm water control regulations is a matter of urgency.



Section 1. Authority:
These regulations provide for the regulation of matters relative to the management of storm water within the Village of Colfax and its extraterritorial jurisdiction. Its provisions include, but are not limited to, regulating drainage installations and improvements; regulating all existing drainage lines and tiles from private property connecting to all public drainage tiles, public sewer lines and mains, or to any adjoining private property; requiring the disconnection of any unlawful private drainage connection to any public drainage or sewer improvement, installation, line or main, preservation and enhancement of certain natural environmental features, requiring the installation of drainage improvements in developments, regulating uses, maintenance, and activities in floodplains and flood hazard areas, requiring permits, payment of fees and assurances of completion, and providing for inspections and control of work. The requirements, standards and specifications herein provided are in addition to any other applicable legal requirements.

Section 2. Purposes:
(a) To maintain and improve the quality of water impacted by the storm drainage system within the Village of Colfax.
(b) To promote and protect the public health, safety and general welfare of the citizens from the hazards of flooding.
(c) To preserve property values by protecting new and existing buildings and improvements to buildings from damage due to storm water flow.
(d) To assure that new developments and redevelopments do not increase flood or drainage hazards to others, or create unstable conditions susceptible to erosion.
(e) To preserve the natural characteristics of stream corridors in order to moderate flood and storm water impacts, and to protect water quality.
(f) To prevent the discharge of contaminated storm water runoff and illicit discharges from industrial, commercial, residential, and construction sites into the storm drainage system within the Village of Colfax.
(g) To promote public awareness of the hazards involved in the improper discharge of trash, yard waste, lawn chemicals, pet waste, wastewater, oil, petroleum products, cleaning products, paint products, hazardous waste, sediment and other pollutants into the storm drainage system.
(h) To encourage recycling of used motor oil and safe disposal of other hazardous consumer products.
(I) To facilitate compliance with state and federal standards and permits by owners of construction sites within the Village of Colfax.
(j) To enable the Village of Colfax to comply with all federal and state laws and regulations applicable to the National Pollutant Discharge Elimination System (NPDES) permitting requirements for storm water discharges.

SectIon 3. Abbreviations:
The following abbreviations when used in this ordinance shall have the designated meanings:
CFR - Code of Federal Regulations
FEMA - Federal Emergency Management Agency
HEIW - Household hazardous waste
IDPH - Illinois Department of Public Health
IEPA - Illinois Environmental Protection Agency
MS4 - Municipal separate storm sewer system
NPDES - National Pollutant Discharge Elimination System
NRCS - Natural Resources Conservation Service
RISWCD - Colfax Soil and Water Conservation District
SWP3 - Storm Water Pollution Prevention Plan
USDA - U.S. Department of Agriculture
USEPA - U.S. Environmental Protection Agency

Section 4. Definitions:
Unless a provision explicitly states otherwise, the following terms and phrases as used in this ordinance, shall have the meanings hereinafter designated:
Adverse Impacts : Any negative impact on plant, soil, air or water resources affecting their beneficial uses including recreation, aesthetics, aquatic habitat, quality, and quantity.
Applicant: Any person, firm, or governmental agency who executes the necessary forms to procure official approval of a development or permit to carry out construction of a new development or redevelopment from the Village of Colfax.
Base Flood Elevation : The elevation at all locations delineating the level of flooding resulting from the 100-year frequency flood event, which has a one percent (1%) probability of being equaled or exceeded in any given year. The base flood elevation at any location is defined in the Village of Colfax Flood Plain Ordinance.
Best Management Practices (BMPs) : Here refers to management practices and methods to control pollutants in storm water. BMPs are of two (2) types: "source controls" (npnstructura and "treatment controls" (structural). Source controls are practices that prevent pollution by reducing potential pollutants at their source, before they come into contact with storm water. Treatment controls remove pollutants from storm water. The selection, application and maintenance of BMPs must be sufficient to prevent or reduce the likelihood of pollutants entering the storm drainage system. Specific BMPs may be imposed by the Village of Colfax and are discussed further in article Ill of this ordinance.
Building Official: The officer or other designated authority charged with the administration and enforcement of the international building code for the Village of Colfax.
Building Permit: A permit issued by the Village of Colfax, for the construction, erection or alteration of a structure or building and the related ground and surface preparation prior to and after completion of BMP Best management practices, construction, erection or alteration of a structure or building.
Bypass Flows: Storm water runoff from upstream properties tributary to a propertVs drainage system but not under its control.
Certify Or Certification : Formally attesting that the specific inspections and tests were performed, and that such inspections and tests comply with the applicable requirements of this ordinance.
Channel : Any defined river, stream, creek, brook, natural or artificial depression, ponded area, on stream take or impoundment, abandoned mine, flowage, slough, ditch, conduit, culvert, gully, ravine, wash, or natural or manmade drainage way, which has a definite bed and bank or shoreline, in or into which surface or ground water flows, either perennially or intermittently.
Channel Modification: The alteration of a channel by changing the physical dimensions or materials of its bed or banks. Channel modification includes damming, riprapping (or other armoring), filling, widening, deepening, straightening, relocating, lining, and significant removal of bottom or woody rooted vegetation. Channel modification does not include the manmade clearing of debris or removal of trash.
Clearing: Any activity which removes the natural vegetative ground cover.
Commercial: Pertaining to any business, trade, industry, or other activity engaged in for profit.
Compensatory Storage : An artificially excavated, hydraulically equivalent volume of storage within the floodplain used to balance the loss of natural flood storage capacity within the Village when fill or structures are placed within the floodplain.
Conduit: My channel, pipe, sewer or culvert used for the conveyance or movement of water, whether open or closed.
Construction Site : Any location where clearing, grading, filling, etc., activity occurs.
Contaminated: Containing harmful quantities of pollutants.
Contractor: Any person or firm performing or managing construction work at a construction site, including any construction manager, general contractor or subcontractor. Also includes, but is not limited to, earthwork, paving, building, plumbing, mechanical, electrical or landscaping contractors, and material suppliers delivering materials to the site.
County : The County of McLean, Illinois.
Dam : As defined by the Illinois Department of Natural Resources office of water resources.
Detention Basin : A facility constructed or modified to provide for the temporary storage of storm water runoff and the controlled release by gravity of this runoff at a prescribed rate during and after a flood or storm.
Detention Time: The amount of time storm water is held within a detention basin. Development: Any man made change to real estate or property, including:
(1) The division or subdivision of any duly recorded parcel of property.
(2) Construction, reconstruction or placement of a building or any addition to a building valued at more than one thousand dollars ($1,000.00).
(3) Installation of a manufactured home on a site, preparing a site for a manufactured home, or installing a travel trailer on a site for more than one hundred eighty (180) days per year.
(4) Construction of roads, bridges, or similar projects.
(5) Redevelopment of a site.
(6) Filling, dredging, grading, clearing, excavating, paving, drilling, mining or other nonagricultural alterations of a ground surface.
(7) Storage of materials or deposit of solid or liquid waste.
of storm water flows from a property
(8) Any other activity that might alter the magnitude, frequency, direction or velocity of storm water flows from the property.
Discharge : Any addition or release of any pollutant, storm water or any other substance whatsoever into storm drainage system.
Discharger: Any person who causes, allows, permits, or is otherwise responsible for, a discharge, including, without limitation, any owner of a construction site or industrial facility.
Domestic Sewage: Sewage originating primarily from kitchen, bathroom and laundry sources, including waste from food preparation, dishwashing, garbage grinding, toilets, baths, showers and sinks.
Drainage Plan : A plan, including engineering drawings and supporting calculations, which describes the existing storm water drainage system and environmental features, including grading, as well as proposed alterations or changes to the drainage system and environment of a property.
Dry Basin: A detention basin designed to drain after temporary storage of storm water flows and to normally be dry over much of its bottom area.
Earthwork: The disturbance of soils on a site associated with clearing, grading, or excavation activities.
Erosion: The general process whereby soil or earth is moved by rainfall, flowing water, wind or wave action.
Excavation : Any act by which organic matter, earth, sand, gravel, rock or any other similar material, is cut into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed and shall include the conditions resulting from such actions.
Excess Storm Water Runoff: The volume and rate of flow of storm water discharged from a new development or redevelopment which is or will be in excess of that volume and rate which existed before development or redevelopment.
Existing Grade : The vertical location of the existing ground surface prior to excavation or filling.
Facility: Any building, structure, installation, process, or activity from which there is or may be a discharge of a pollutant.
Fertilizer: A substance or compound that contains an essential plant nutrient element in a form available to plants and is used primarily for its essential plant nutrient element content in promoting or stimulating growth of a plant or improving the quality of a crop, or a mixture of two (2) or more fertilizers.
Fill: Any act by which earth, sand, gravel, rock, or any other material, is deposited, placed, replaced, pushed, dumped, pulled, transported or moved by man to a new location and shall include the conditions resulting therefrom.
Final Grade: The vertical location of the ground surface after grading work is completed in accordance with the plans.
Fire Protection Water: Any water, and any substances or materials contained therein, used by any person to control or extinguish a fire, or to inspect or test fire equipment Garbage: Putrescible animal and vegetable waste materials from the handling, preparation, cooking, or consumption of food, including waste materials from markets, storage facilities, and the handling and sale of produce and other food products.
Grading: The excavation or fill or any combination thereof and shall include the conditions resulting from any excavation or fill.
Ground Water: Any water residing below the surface of the ground or percolating into or out of the ground.
Harmful Quantity: The amount of any substance that the Superintendent of Public Works determines will cause an adverse impact to storm drainage system or will contribute towards the failure of the Village of Colfax to meet the water quality based requirements of the NPDES permit for discharges from the MS4.
Hazardous Substance : Any substance listed in table 302.4 of 40 CFR part 302.
Hazardous Waste: Any substance identified or listed as a hazardous waste by the EPA pursuant to 40 CFR, part 261.
Household Hazardous Waste (HHW) : Any material generated in a household (including single and multiple residences) that would be classified as hazardous pursuant to the IEPA.
Hydrograph : A graph showing for a given location on a stream or conduit, the flow rate with respect to time.
Hydrograph Method: This method estimates runoff volume and runoff hydrographs for the point of interest by generating hydrographs for individual sub areas, combining them, and routing them through stream lengths and reservoir structures. Factors such as rainfall amount and distribution, runoff curve number, time of concentration, and travel time are included.
Illegal Discharge: See definition of Illicit Discharge.
Illicit Connection : Any drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the storm drainage system.
Illicit Discharge : Any discharge to the storm drainage system that is prohibited under this ordinance.
lmpervious Surface : That area of property that is covered by materials other than soil and vegetation and that has no intended capacity to absorb storm water, such as parking lots, roadways, driveways, sidewalks, patios, tennis courts, roofs and other structures.
Industrial Waste (Or Commercial Waste) : Any wastes produced as a byproduct of any industrial, institutional or commercial process or operation, other than domestic sewage.
Infiltration : The passage or movement of water into the soil surfaces.
Jurisdiction : The Village of Colfax, McLean County, Illinois.
Loessal Soil: A sediment, commonly nonstratified and unconsolidated, composed predominately of silt sized particles with accessory clay and sand.
Lot: An individual platted parcel in an approved subdivision.
Major Drainage System: That portion of a drainage system needed to store and convey flows beyond the capacity of the minor drainage system.
May: Discretionary.
Mechanical Fluid: Any fluid used in the operation and maintenance of machinery, vehicles and any other equipment, including lubricants, antifreeze, petroleum products, oil and fuel.
Minor Drainage System : That portion of a drainage system designed for the convenience of the public. It consists of street gutters, storm sewers, small open channels, and swales and, where manmade, is to be designed to handle the 10-year runoff event.
Mitigation : When the prescribed controls are not sufficient and additional measures are required to offset the development, including those measures necessary to minimize the negative effects which storm water drainage and development activities might have on the public health, safety and welfare. Examples of mitigation include, but are not limited to, compensatory storage, soil erosion and sedimentation control, and channel restoration.
Mobile Commercial Cosmetic Cleaning (Or Mobile Washing): Power washing, steam cleaning, and any other method of mobile cosmetic cleaning, of vehicles and/or exterior surfaces, engaged in for commercial purposes or related to a commercial activity.
Municipal Separate Storm Sewer System (MS4): The system of conveyances, including roads, streets, curbs, gutters, ditches, inlets, drains, catch basins, pipes, tunnels, culverts, channels, detention basins and ponds owned and operated by the Village of Colfax and designed or used for collecting or conveying storm water, and not used for collecting or conveying sanitary sewage.
NPDES : The national pollutant discharge elimination system.
NPDES Permit: A permit issued by EPA 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.
Natural: Conditions resulting from physical, chemical, and biological processes without intervention by man.
Natural Drainage: Channels formed in the existing surface topography of the earth prior to changes made by unnatural causes.
Notice Of Violation : A written notice detailing any violations of this ordinance and any action expected of the violators.
Oil: Any kind of oil in any form, including, but not limited to: petroleum, fuel oil, crude oil, synthetic oil, motor oil, cooking oil, grease, sludge, oil refuse, and oil mixed with waste.
100-Year Event: A rainfall, runoff, or flood event having a one percent (1%) probability of being equaled or exceeded in any given year. A 24-hour storm duration is assumed unless otherwise noted.
1-Year Event: A rainfall, runoff, or flood event having a one hundred percent (100%) probability of being equaled or exceeded in any given year. A 24-hour storm duration is assumed unless otherwise noted.
Owner: The person who owns a facility, part of a facility, or land including the contract seller and contract purchaser.
Parcel: A contiguous lot or tract of land under one ownership. A lot or tract of land is land intended as a unit for the purpose of development or transfer of ownership.
Peak Flow: The maximum rate of flow of water at a given point in a channel or conduit.
Permittee : Any person to whom a building permit or a grading and drainage permit is issued.
Person : Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns, including all federal, state, and local governmental entities.
Pesticide : A substance or mixture of substances intended to prevent, destroy, repel, or migrate any pest.
Pet Waste (Or Animal Waste): Excrement and other waste from domestic animals.
Petmioum Product : A product that is obtained from distilling and processing crude oil and that is capable of being used as a fuel or lubricant in a motor vehicle or aircraft, including motor oil, motor gasoline, gasohol, other alcohol blended fuels, aviation gasoline, kerosene, distillate fuel oil, and #1 and #2 diesel.
Pollutant: Any substance attributable to water pollution, including, but not limited to, rubbish, garbage, solid waste, litter, debris, yard waste, pesticides, herbicides, fertilizers, pet waste, animal waste, domestic sewage, industrial waste, sanitary sewage, wastewater, septic tank waste, mechanical fluid, oil, motor oil, used oil, grease, petroleum products, antifreeze, surfactants, solvents, detergents, cleaning agents, paint, heavy metals, toxins, household hazardous waste, small quantity generator waste, hazardous substances, hazardous waste, soil and sediment.
Pollution: The alteration of the physical, thermal, chemical, or biological quality of, or the contamination of, any water that renders the water harmful, detrimental, or injurious to humans, animal life, plant life, property, or public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose.
Positive Drainage: Provision for overland paths for all areas of a property including depressional areas that may also be drained by storm sewer.
Potable Water: Water that has been treated to drinking water standards and is safe for human consumption.
Private Drainage System : All privately or publicly owned ground, surfaces, structures or systems, excluding the MS4, that contribute to or convey storm water, including, but not limited to, roofs, gutters, downspouts, lawns, driveways, pavement, roads, streets, curbs, gutters, ditches, inlets, drains, catch basins, pipes, tunnels, culverts, channels, detention basins, ponds, draws, swales, streams and any ground surface.
Public Improvement Plans: Engineering drawings subject to approval by the Village engineer for the construction of public improvements.
Superintendent of Public Works : The Superintendent of Public Works for the Village of Colfax or his/her designee.
Qualified Person : A person who possesses the required certification, license, or appropriate competence, skills, and ability as demonstrated by sufficient education, training, and/or experience to perform a specific activity in a timely and complete manner consistent with the regulatory requirements and generally accepted industry standards for such activity.
Release : To dump, spill, leak, pump, pour, emit, empty, inject, leach, dispose or otherwise introduce into the storm drainage system.
Rubbish: Nonputrescible solid waste, excluding ashes, that consist of: 1) combustible waste materials, including paper, rags, cartons, wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves, and similar materials; and 2) noncombustible waste materials, including glass, crockery, tin cans, aluminum cans, metal furniture, and similar materials that do not burn at ordinary incinerator temperatures (1,600 to 1,800 degrees Fahrenheit).
Sanitary Sewage: The domestic sewage and/or industrial waste that is discharged into the Village of Colfax sanitary or combined sewer system and passes through the sanitary or combined sewer system to a Village of Colfax sewage treatment plant for treatment.
Sanitary Sewer: The system of pipes, conduits, and other conveyances which carry industrial waste and domestic sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, to a Village of Colfax sewage treatment plant (and to which storm water, surface water, and ground water are not intentionally admitted).
Sediment: Soil (or mud) that has been disturbed or eroded and transported naturally by water, wind, gravity, or equipment tracking (tires, vehicles).
Sedimentation : The process that deposits soils, debris, and other materials either on other ground surfaces or in bodies of water or storm water drainage systems.
Septic Tank Waste : Any domestic sewage from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and aerated tanks.
Shall: Mandatory.
Site: The land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.
Slope Disturbance Line: The line which delineates relatively level building areas from areas where slopes exceed seven percent (7%) and where special precautions must be taken.
Small Quantity Generator Waste : Any hazardous waste generated by a small quantity generator as defined by IEPA.
Solid Waste : Any garbage, rubbish, refuse and other discarded material, including solid, liquid, semisolid, or contained gaseous material, resulting from industrial, municipal, commercial, construction, mining or agricultural operations, and residential, community and institutional activities.
State : The State of Illinois.
Storm Drainage System: All surfaces, structures and systems that contribute to or convey storm water, including private drainage systems, the MS4, surface water, ground water, waters of the state and waters of the United States.
Storm Sewer: A closed conduit for conveying collected storm water. Storm Water: Runoff resulting from precipitation.
Storm Water Pollution Prevention Plan (SWP3) : A document that describes the best management practices to be implemented at a site, to prevent or reduce the discharge of pollutants.
Stream : Any river, creek, brook, branch, flowage, ravine, or natural or manmade drainage way which has a definite bed and banks or shoreline, in or into which surface or ground water flows, either perennially or intermittently.
Stripping: Any activity which removes the vegetative surface cover including tree removal, by spraying or clearing, and storage or removal of topsoil.
Subdivision Development: Includes activities associated with the platting of any parcel of land into two (2) or more lots and includes all construction activity taking place thereon.
Surface Water: Water bodies and any water temporarily residing on the surface of the ground, including oceans, lakes, reservoirs, rivers, ponds, streams, puddles, channelized flow and runoff.
10-Year Event: A runoff, rainfall, or flood event having a ten percent (10%) probability of being equaled or exceeded in any given year. A 24-hour storm duration is assumed unless otherwise noted.
Time Of Concentration : The elapsed time for storm water to flow from the most hydraulically remote point in a drainage basin to a particular point of interest in that watershed.
Tributary Watershed: All of the land surface area that contributes runoff to a given point.
2-Year Event: A runoff, rainfall, or flood event having two percent (2%) probability of being equaled or exceeded in any given year. A 24-hour storm duration is assumed unless otherwise noted.
Uncontaminated: Not containing harmful quantities of pollutants.
Used Oil (Or Used Motor Oil) : Any oil that as a result of use, storage, or handling, has become unsuitable for its original purpose because of impurities or the loss of original properties.
Utility Agency: Private utility companies, the Village of Colfax or contractors working for private utility companies or the Village of Colfax, engaged in the construction or maintenance of utility distribution lines and services, including water, sanitary sewer, storm sewer, electric, gas, telephone, television and communication services.
Vacant: Land on which there are no structures or only structures which are secondary to the use or maintenance of the land itself.
Wastewater: Any water or other liquid, other than uncontaminated storm water, discharged from a facility.
Water Of The State (Or Water) : Any ground water, percolating or otherwise, lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, inlets, canals, inside the territorial limits of the state, and all other bodies of surface water, natural or artificial, navigable or nonnavigable, and including the beds and banks of all watercourses and bodies of surface water, that are wholly or partially inside or bordering the state or inside the jurisdiction of the state.
Water Quality Standard: The designation of a body or segment of surface water in the state for desirable uses and the narrative and numerical criteria deemed by state or federal regulatory standards to be necessary to protect those uses.
Waters Of The United States: All waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and the flow of the tide; all interstate waters, including interstate wetlands; all other waters the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce; all impoundments of waters otherwise defined as waters of the United States under this definition; all tributaries of waters identified in this definition; all wetlands adjacent to waters identified in this definition; and any waters within the federal definition of �Waters of the United States" at 40 CFR section 122.2; but not including any waste treatment systems, treatment ponds, or lagoons designed to meet the requirements of the federal clean water act.
Watershed: All land area drained by, or contributing water to, the same channel, lake, marsh, stor water facility, ground water or depressional area.
Wet Basin : A detention basin designed to maintain a permanent pool of water after the temporary storage of storm water runoff.
Wetlands: Defined by regulation as "those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions". Wetlands generally include swamps, marshes, bogs, and similar areas.
Yard Waste: Leaves, grass clippings, free limbs, brush, soil, rocks or debris that result from landscaping, gardening, yard maintenance or land clearing operations.
Section 1. Surface Water:
Surface water shall be allowed to travel its natural or pre-regulated course unless changes are allowed by means of a grading and drainage permit or grading and drainage plans approved by the Superintendent of Public Works. It shall be unlawful for any person to force surface water off that person's property and onto a neighboring property or to prevent surface water which would have entered that person's property from doing so without approval granted by a grading and drainage pemiit.
Section 2. Easements:
No buildings or permanent structures, including impervious surfaces, may be placed wholly or in part within an easement that has been granted for access to drainage facilities of any type, including agricultural drainage conduit, without the written approval of the Superintendent of Public Works: provided, however, streets, sidewalks and driveways may be allowed to cross easements by the shortest possible route, provided that other requirements are met.
Section 3. Obstruction Of Watercourse:
It shall be unlawful for any person to cause or maintain any obstruction within a watercourse or drainage facility of any type, except as may be specifically authorized by this ordinance.
Section 4. Discharge:
No person shall release or cause to be released into the storm drainage system any discharge that is not composed entirely of uncontaminated storm water, except as allowed in listed exemptions of this ordinance. Common storm water contaminants include trash, yard waste, stones, earth, concrete, wood, lawn chemicals, pet waste, wastewater, oil, petroleum products, cleaning products, paint products, hazardous waste and sediment.
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