The County of Kane has enacted a Stormwater Ordinance in order to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing in watersheds within this jurisdiction. The County of Kane is the permitting authority for all land disturbing activities and requires the land owner to maintain all on-site stormwater control facilities and all open space areas (e.g. parks or “green” areas) required by the approved stormwater control plan. The County of Kane will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. The County of Kane, under the NPDES program, also has the authority to inspect properties for noncompliance and can issue a notice of violation (NOV) for any deficiency or infraction onsite. Property owners are responsible for the maintenance of any stormwater facilities or practices located on the property. The County of Kane has the authority to inspect stormwater facilities and practices in order to ascertain that they are properly maintained and functioning.
The owner shall maintain that portion of a stormwater drainage system, including any special management areas, located upon his land. With the approval of the Administrator the stormwater drainage system and special management areas, or specified portions thereof, may be—
Except for those portions of the stormwater drainage system and special management areas to be dedicated or otherwise transferred to the permitting authority or other public entity, included in the application for a stormwater permit shall be a plan for the long term management, operation and maintenance of the stormwater drainage system and special management areas and a description of the sources of funding therefor. Amendments to the plan must be approved by the Administrator.
The County may, upon 30 days’ notice to the owner or occupant, enter upon any lands or waters within the County for the purpose of inspecting and/or maintaining any stormwater facilities or causing the removal of any obstructions to an affected watercourse.
Any person who violates, disobeys, omits, neglects, refuses to comply with, or resists the enforcement of any provision of this ordinance (ordinance violation), or any requirement or condition in any permit issued pursuant to this ordinance (permit violation), and, in the case of a permit violation, fails to correct such violation, omission or neglect, or cease such disobedience, refusal or resistance after notice and reinspection as provided below, shall be guilty of an offense under this ordinance.
Whenever the Administrator or Director, as the case may be, determines that a permit violation exists, he shall serve notice of the violation on the permittee. Such notice shall state the nature of the violation and fix a date not less than 10 days after the date of the notice by which the violation shall be corrected and the site reinspected.
The Administrator or Director may pursue any one or more of the following remedies against any person found by him or her to be guilty of an offense under this ordinance:
In order to enforce any of the remedies set forth in the preceding paragraph, the Administrator or the Director may bring any action, legal or equitable, including an action for injunctive relief, deemed necessary. In any such action, in addition to any fine or other relief, the Administrator or the Director may recover all costs and expenses, including reasonable attorney fees, incurred.
Except as otherwise herein provided or permitted, no person shall discharge or deposit directly or indirectly into any sewer or the sewerage system or discharge or deposit or cause or permit to be discharged, deposited or to enter directly or indirectly into Fox River or any other watercourse within the boundaries of the city any solid wastes, industrial wastes or other sewage or liquids or solids, the discharge or entry of which into the sewers or sewerage system is prohibited by the terms of this article or by any other ordinance or which will pollute or defile such portion of Fox River or any such watercourse.
Wastes causing nuisance, damaging sewers, etc.
No liquids or solids shall be discharged into or deposited in the sewers or sewerage system or in the Fox River or any watercourse within the boundaries of the city which will pollute the waters of Fox River within the boundaries of the city, or create any nuisance or unsanitary condition, or damage any sewer or any part of the sewerage system, or in any way interfere with, injure or damage the sewage purification processes or the instrumentalities provided for purification of sewage.
When stormwater must be excluded.
All sewers connected directly or indirectly with any sewer without the intervention of a spillway or other diversion arrangement for stormwater shall be constructed so as to be impervious to groundwater infiltration and so as to exclude stormwater therefrom and shall be used to carry only such sewage as is authorized by the terms of this article to be discharged into the sewage system. No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewer. All new sewer construction shall provide two (2) separate and distinct sewer systems, one (1) for the collection of stormwater and the other for the collection of sanitary wastes. The above requirements and prohibitions of this section shall include, but not be limited to, the following special provisions.
(1) Downspouts. All downspouts or roof drains shall discharge onto the ground or be connected to storm sewers. No downspouts or roof drains shall be connected to the sanitary sewers.
(2) Footing drains. No footing drains or drainage tile shall be connected to the sanitary sewers.
(3) Sump pumps. Sump pumps installed to receive and discharge groundwater or other stormwater shall be connected to the storm sewer or discharge onto the ground. Sump pumps installed to receive and discharge floor drain flow or other sanitary sewage shall be connected to the sanitary sewers. A sump pump shall be used for one function only, either the discharge of stormwater or the discharge of sewage.
(4) Window well and areaway drains. No window well or areaway drain shall be connected to the sanitary sewer.
Connected polluted wastes to stormwater sewers.
It shall be unlawful for any person to connect the discharge from any water flush toilet, the effluent from any septic tank, cesspool, chemical or septic toilet or the overflow therefrom, kitchen, cellar or bathroom drains or industrial wastes with any surface water or stormwater sewer or any tile system installed for the collection of surface and shallow groundwater only, within the city, or to make any connections with such stormwater sewers which permit substances of a polluting nature to enter such sewers.
Inspections; report of violations.
The public works department shall inspect from time to time the premises of any and all factories, industries, garages, dwellings and other places of business and places located within the boundaries of the city, from which sewage or wastes is discharged, deposited or finds its way either directly or indirectly into Fox River or any other watercourse within the boundaries of the city, or into any sewer or the sewerage system, for the purpose of ascertaining whether any such factory, industry, garage or other place of business or the occupant or owner of any dwelling is complying with the terms and provisions of this article, and shall report from time to time to the council the results of such inspections.
Right of entry for inspections.
For the purpose of making the inspections herein provided for and for carrying out and enforcing the terms and provisions of this article, the city by its duly authorized engineers, chemists, inspectors, investigators, accountants, attorneys and agents, at any and all reasonable times, shall have access to and the right to inspect the plants, places of business, offices, dwellings and premises of any and all persons subject to the terms of this article and shall have access and the right to inspect the outlets, sewers, drains and other instrumentalities of any factory, industry, garage or other place of business or dwelling for the purpose of ascertaining whether any waste, industrial waste or other liquids or solids prohibited by or coming under or subject to the terms of this article are produced by any such person and for the purpose of determining whether the same are being discharged, deposited or are finding their way either directly or indirectly into Fox River or any other watercourse within the boundaries of the city, or into any sewer or the sewerage system, or for any other purpose necessary or proper for the carrying out and enforcing of the terms and provisions of this article.
Tests, analyses, measurements; examination of records.
The representatives of the city shall be permitted to measure the flow to, from or in any and all outlets, sewers and drains or any part or parts thereof and to take samples from the whole or any part of such flow or discharge at any reasonable time, and shall have access to and may examine and inspect any and all records, books, documents and papers covering or relating or pertinent to the determination of the nature, character, extent and volume of any such wastes or industrial wastes and the methods of the treatment, disposal or discharge thereof, and shall be permitted to make and take copies and notes with reference thereto.
Notice; correction of violations; penalties.
(a) If the public works director shall determine that any factory, industry, garage, place of business or other place or the occupant and/or owner of any building, dwelling or other place is not complying with the terms and provisions of this article, then the director or other authorized representative of the city shall serve or cause to be served upon any such person not so complying, a notice in writing stating and setting forth wherein or in what regard such person or party is failing to comply with the terms and provisions of this article and further notifying such person that within one (1) year, or in the case of violations of section When stormwater must be excluded, paragraph (1) sixty (60) days, from the receipt of such notice, or immediately in the case of random inspections of new construction under this article, he shall either cease to discharge such waste, industrial waste or other liquids or solids prohibited by this article or in lieu thereof, if applicable, that such person shall within one (1) year, or in the case of violations of When stormwater must be excluded, paragraph (1) sixty (60) days, adopt and install such method or methods, process or processes, instrumentalities or apparatus for the treatment of its sewage, industrial wastes and other wastes. From and after the expiration of such applicable period such person shall thereafter continuously and efficiently carry out, operate and maintain such method or methods, process or processes, instrumentalities or apparatus and shall thereafter continuously treat its sewage, industrial wastes and other wastes in such manner that the sewage or effluent discharged from the premises shall be of such character and quality as is permitted by the terms and provisions of this article; provided, however, that if compliance with the terms of this article by such person or party does not require the adoption or installation of any additional methods, equipment, apparatus or instrumentalities, any such person or party shall forthwith from and after the receipt by him or it of such notice thereafter continuously comply with the terms and provisions of this article. In the case of new construction, compliance with this article must be verified by reinspection at the owner's expense prior to receipt of a certificate of occupancy under the zoning ordinance and building code; provided, however, that in the event of a new construction violation within an ongoing development or subdivision, all other current new construction therein shall thereupon be inspected under this article at the developer's expense. If any person or party receiving notice under this section shall produce satisfactory evidence to the city council that he cannot comply with the terms of such notice and the terms and provisions of this article within the applicable period, then the city council, in its discretion, may grant to such person or party such extension of time as the city council shall deem necessary or proper.
(b) Additionally, the city council may grant any person or party not in compliance with this article, as it pertains to sanitary and/or stormwater runoff, a variation from the terms and provisions thereof. An application for variance shall be in writing and shall set forth the basis for the variation request. An application for variance may be made at any time, provided, however, that no application will be accepted more than thirty (30) days after a notice of violation has been served. The application shall be acted upon by the city council after first holding a public hearing before the planning and development committee of the council. The hearing shall be held not less than fourteen (14) days after receipt of an application for variance. For all applications, public notice shall be mailed by the applicant. Such notices shall be mailed after a public hearing date has been scheduled by the chairman of the planning and development committee. The notices shall be mailed to the district manager of the Fox Metro Water Reclamation District as well as to all owners of record within two hundred fifty (250) feet in each direction of the location of the property in question. The owners of record within the two-hundred-fifty-foot requirement shall be determined by consulting the tax assessor's rolls of the township or county in which the property is located, provided the number of feet occupied by all public roads, streets, alleys and other public ways shall be excluded in computing the two-hundred-fifty-foot requirement. The notice shall be in writing and shall contain the following information:
(1) Common address of the property;
(2) Requested action;
(3) Date, time and place of hearing;
(4) Reference to engineering department of the city for further information;
(5) Telephone number of engineering department.
The notice shall be mailed not more than twenty-one (21) days, nor less than seven (7) days in advance of such hearing. The notice shall be sent by first class mail, properly addressed as shown on the assessor's rolls and with sufficient postage affixed thereto. Proof of mailing certificates, as provided by the U.S. Postal Service, shall be submitted to the chairman of the planning and development committee at least three (3) days prior to the hearing date and shall be made part of the hearing record. A copy of the notice is to be sent to the city engineer. The applicant shall also file a sworn affidavit containing a complete list of the owners of record required to be served, the method of service, and names and addresses of the persons so served with copies of the notice.
(c) The following, while neither controlling nor fully measuring the city council's discretion, are deemed indicative of the criteria which may cause a variation request to be granted:
(1) The effect of the water runoff in question upon the overall runoff being introduced into the sewer system and, in particular, the effect of the runoff upon downstream users;
(2) The cost of repairs, as evidenced by no less than two (2) written contractor's estimates, in relation to the assessed value of the property in question;
(3) Previous city approval, either explicit or implicit, with regard to sanitary and/or stormwater runoff; and
(4) The length of time the applicant or his predecessors has relied upon the aforesaid city approval.
(d) The penalties for violations under this article shall be as provided and violating persons shall be subject to all other remedies or actions authorized by the building code as now or hereafter amended.