DuPage County has enacted a Stormwater & Flood Plain Management Ordinance in order to promote effective, equitable, acceptable, and legal stormwater management measures. The City of Naperville also has adopted the Flood Plain regulations of the County Ordinance for those portions of the City within DuPage County. The City of Naperville 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 City of Naperville will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. The City of Naperville, 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 City of Naperville has the authority to inspect stormwater facilities and practices in order to ascertain that they properly maintained and functioning.
Federal environmental regulations based on the 1972 Clean Water Act (CWA) require that MS4s, construction sites and industrial activities control polluted stormwater runoff from entering receiving bodies of water (including navigable streams and lakes). The NPDES permit process regulates the discharge from these sources based on amendments to CWA in 1987 and the subsequent 1990 and 1999 regulations by the U.S. Environmental Protection Agency (USEPA). In Illinois, the USEPA has delegated administration of the Federal NDPES program to the Illinois Environmental Protection Agency (IEPA). On December 20, 1999 the IEPA issued a general NPDES Phase II permit for all MS4s. The General Permit is included in Appendix 5.13. Under the General ILR 40 Permit each MS4 was required to submit a Notice of Intent (NOI) declaring compliance with the conditions of the permit by March 10, 2003. The original NOI describes the proposed activities and best management practices that occurred over the original 5-year period toward the ultimate goal of developing a compliant SMPP. At the end of the 5 th year (March 1, 2008) the components of the SMPP were required to be implemented; per the ILR40 permit. The IEPA reissued the ILR 40 permit on April 1, 2009.
Additionally, under the General ILR10 permit also administered IEPA, all construction projects that disturb greater than 1 acre of total land area are required to obtain an NPDES permit from IEPA prior to the start of 9 | P a g e City of Naperville construction. Municipalities covered by the General ILR40 permit, are automatically covered under ILR10 30 days after the IEPA receives the NOI from the municipality
ARTICLE XIV. - PROHIBITED ACTS/ENFORCEMENT/PENALTIES
15-102: - PROHIBITED ACTS.
A. It shall be unlawful for any person to undertake any development within the County or within a waiver community without first securing a stormwater management certification as required by this chapter or the applicable waiver community ordinance.
B. It shall be unlawful for any person to violate, disobey, omit, neglect, or refuse to comply with, or to resist enforcement of, any provision of this chapter, or an applicable waiver community ordinance, or any condition of any stormwater management certification or variance required by this chapter, or a waiver community ordinance.
C. It shall be unlawful for the person owning or exercising control over any property, or development thereon, to permit or allow that property, or any development thereon, or any condition thereof, to violate, or remain in violation of, any provision of this chapter, or a waiver community ordinance, or fail to comply with, abide by or satisfactorily complete any condition of any stormwater management certification or variance granted to, or issued for, that property or development.
D. It shall be unlawful for any person to continue any work on a property after having been served with a stop work order issued pursuant to section 15-108, except such work as that person is directed, or authorized, to perform by the Director or Administrator necessary to remove a violation having a temporary impact or to abate an unsafe condition.
(Ord. No. OSM-001-13, 4-23-2013)
15-103: - PROSECUTION OF VIOLATIONS.
Upon finding the existence of any violation of this chapter or a waiver community ordinance, the Director or the Administrator shall have the authority and duty to take or direct all actions necessary or appropriate to abate and redress such violation. The Director or the Administrator shall also initiate proceedings, as necessary, to enforce this chapter or the waiver community ordinance. A code enforcement adjudication program may be used to prosecute violations of this chapter, or a waiver community ordinance.
(Ord. No. OSM-001-13, 4-23-2013)
15-104: - NOTICE OF VIOLATIONS.
A. Whenever the Director or the Administrator determines that a violation of this chapter exists, the Director or the Administrator shall issue a notice of violation in any of the following manner:
1. By posting a copy on the subject property in a conspicuous place; or
2. By personally delivering or mailing a copy to the person, firm, or corporation responsible for the unlawful act or omission or condition which forms the basis for the violation; or
3. By personally delivering or mailing a copy to any adult who resides at, occupies, uses, leases, manages or maintains the property on which the violation is located; or
4. By personally delivering or mailing a notice of violation to any owner in title to the property on which the violation is located.
B. If a notice, or order, is issued in accordance with section 15-104.A.1 or if the party to whom the notice of violation was issued was in accordance with section 15-104.A.2 or 15-104.A.3 is not also the property owner, a copy of the notice shall also be mailed to the "owner of record" as indicated on the latest tax assessor's records at the last address to which a tax bill was mailed.
C. A notice of violation shall contain the following:
1. A brief statement setting forth the type and nature of the violation; and
2. The section, or sections, of this chapter violated and, if applicable, the identity of any order, permit, plan or statement of specifications violated; and
3. The date the violation was observed; and
4. The address and/or PIN of the property on which the violation was observed; and
5. A statement directing the discontinuance of the illegal action or condition and abatement of the violation; and
6. A statement informing the violator, and/or owner, that they may contest the notice of violation by requesting in writing and within fourteen (14) days of issuance of the notice, an administrative appeal; and
7. A statement informing the violator, and/or owner, that they may correct the violation within fourteen (14) days. A violator may remedy the violation by either;
a. Correcting, abating or removing the violation, or the condition(s) which cause the violation, and have such remediation verified by an inspection; or
b. Applying to the county, or waiver community, for any necessary certification (s), or to revise or amend any previously issued certification, or revise or amend any previously approved plan, drawing or specifications, as applicable.
8. A warning that if the violator fails to comply with this chapter and remedy the violation within the time specified the County, or waiver community, shall institute appropriate legal proceedings against the violator.
9. A statement that this chapter authorizes fines of up to one thousand dollars ($1,000.00), per day, for each day a violation remains uncorrected, plus additional court costs, which fines and costs may be assessed in addition to other remedies at law including a court order enjoining further violations and ordering the offender to cease, correct, repair, abate or otherwise remedy the offending condition.
D. If a party to which a notice of violation has been issued requests an extension of time to comply with this chapter, or perform any act necessary to remedy a violation, the Director or Administrator may allow an extension of time for such compliance or act, which extension shall not be more than forty-five (45) days. The Director or Administrator shall not extend the period of time in which a party may request an administrative hearing
E. The issuance of a notice of violation shall not be required as a condition of the County, or a waiver community, commencing legal action to enforce a stop work order issued pursuant to section 15-108, or where the a violation presents an imminent risk of harm to the health, life or safety of any person, or an injunctive suit brought pursuant to section 15-111.
(Ord. No. OSM-001-13, 4-23-2013)
15-105: - INSPECTION AND MAINTENANCE AUTHORITY.
A. Pursuant to the authority granted by 55 ILCS 5/5-1104 & 5-1062, the County may, after thirty (30) days written notice to the owner or occupant, in a non-emergency situation enter upon any lands or waters within the County for the purpose of inspecting or maintaining stormwater facilities or causing the removal of any obstruction to an affected watercourse.
B. The Director or the Administrator shall post the notice in a prominent place on the premises, or shall send by certified mailing a copy of the notice to the property owner listed in the County property tax records. The notice shall:
1. State the method by which the stormwater facility will be cleaned or maintained; and
2. State the date upon which the proposed work will begin; and
3. Inform the property owner that the property owner may appeal the commencement date of the proposed maintenance work.
C. Where an obstruction is within a water course and is obstructing flow, the County or a waiver community may, with ten (10) days notice, enter upon the property and remove the obstruction.
(Ord. No. OSM-001-13, 4-23-2013)
15-106: - REQUIREMENTS FOR IMMEDIATE REMEDIAL ACTION.
Whenever the Director or Administrator determines that a violation has a temporary impact to a flood plain, wetland, buffer or PCBMP, which may be corrected, abated, or removed, in whole or in part, or where the adverse effects of the violation can be ameliorated by immediate action, the Director or Administrator may authorize the violator, in writing, to perform remedial action at the violation site without certification:
A. Unauthorized wetland impacts that are intended to be permanent are required to proceed through the normal stormwater management certification process to determine if the impact will be allowed to remain; or
B. Remedial action may include, as the Director or Administrator deems appropriate for the situation, the following:
1. Removal of fill or other materials from the impacted area; and
2. The area, and/or volume of fill or material removal, the manner of such removal and method of disposal for such fill or material; and
3. A restoration and/or mitigation plan for the impacted area setting forth performance standards, management and monitoring requirements as necessary, and implementation schedule.
C. When the Director or Administrator authorizes remedial action under this section, such remedial acts shall:
1. Focus of the restoration of floristic communities and function of the impacted area; and
2. Undergo a minimum of one year of management and monitoring, when applicable, to verify successful restoration. Failure to achieve the performance standards established as part of a restoration or mitigation plan shall result in additional years of management and monitoring being required.
D. In all cases the Director or Administrator shall document the nature of violation and the basis for his determination that the impact was temporary.
(Ord. No. OSM-001-13, 4-23-2013)
15-107: - REVOCATION AND SUSPENSION OF CERTIFICATIONS.
A. The director or the administrator may revoke a stormwater management certification under any of the following circumstances:
1. When the application, plans, or other supporting documents submitted by the applicant reflect a false statement or misrepresentation as to material fact; or
2. The development violates any relevant local, state, or federal requirement.
3. When the security, access rights or covenants posted by the certification holder do not comply with the requirements of this chapter, or a waiver community ordinance.
(Ord. No. OSM-001-13, 4-23-2013)
15-108: - STOP-WORK ORDER.
A. The Director or the Administrator, upon discovery of the existence of any of the circumstances established in subsection 15-107.A.2. of this chapter, is authorized to issue an order requiring the suspension of the subject development. Such stop-work order shall be in writing, shall indicate the reason for its issuance, and shall order the act(s), if any, necessary to resolve the circumstances requiring the stop-work order.
B. A stop-work order shall be issued when:
1. Development is proceeding in a manner which creates imminent hazard of severe harm to persons or property on or off the site; or
2. Development has been accomplished in violation of a requirement of this chapter, or the waiver community ordinance, or a stormwater management certification, or any other applicable law or regulation, and a period of longer than fifteen (15) calendar days has elapsed since written notice of the violation or noncompliance was issued and the violation or noncompliance has not been corrected, abated or rectified; or
3. Development for which a stormwater management certification is required is proceeding without issuance of a stormwater management certification. In such instance, the stop-work order shall indicate that the effect of the order terminates when the required stormwater management certification is properly obtained.
C. If the director or administrator discovers that work on any property is being conducted contrary to the provisions of this chapter, or in an unsafe and dangerous manner, such work shall be immediately stopped. The stop work order shall be in writing and shall be given to the owner of the property involved, to the owner's agent, to the person doing the work, or posted on the subject property; and shall state the appropriate code section(s) in violation.
D. Upon receipt of a stop work order, the property owner has fourteen (14) days to resolve the violation or apply for a stormwater management certification. Failure to comply within this timeframe may result in prosecution and/or fines as outlined in section 15-109.
(Ord. No. OSM-001-13, 4-23-2013)
15-109: - FINES.
A. Any person who violates, disobeys, omits, neglects, refuses to comply with, or resists enforcement of any provision of this chapter, the applicable waiver community ordinance, or any condition in any certification issued pursuant to this chapter or a waiver community ordinance, shall be subject to a fine not less than one hundred dollars ($100.00) nor in excess of one thousand dollars ($1,000.00) for each offense. Each calendar day a violation continues to exist shall constitute a separate offense.
B. For the purposes of this section 15-109, the owner, any occupant, the developer, and/or any contractor doing development work on the land shall be jointly and severally liable for any violation of this chapter or the waiver community ordinance.
C. The committee, or in a complete waiver community the oversight committee, shall request its appropriate legal counsel to prosecute such action as a petty offense pursuant to 730 ILCS 5/5-1-17 (1992); as hereafter amended; or according to other appropriate authority in law or in equity.
Naperville Stormwater Management Plan