28-13 Enact Chp. 917 Illicit Discharge

Home Browse Search

(j) "Pollutant' means anything that causes or contributes to pollution. Pollutants may include, but are not limited to, paints, varnished, solvents, oil and other au- tomotive fluids, non- hazardous liquid and solid wastes, yard wastes, refuse, rub- bish, garbage, litter or other discarded or abandoned objects, floatable materials, pesticides, herbicides, fertilizers, hazardous materials, wastes, sewage, dissolved and particulate metals, animal wastes, residues that result from constructing a structure, and noxious or offensive matter of any kind. (k) "Storm water" any surface flow, runoff, and drainage consisting entirely of wa- ter from any form of natural precipitation, and resulting from such precipitation. 917.04 DISCLAIMER OF LIABILITY. Compliance with the provisions of this chapter shall not relieve any person from re- sponsibility for damage to any person otherwise imposed by law. The provisions of this chapter are promulgated to promote the health, safety and welfare of the public and are not designed for the benefit of any individual or for the benefit of any partic- ular parcel of property. 917.05 CONFLICTS, SEVERABILITY, NUISANCES AND RESPONSIBIL- ITY. (a) Wlrere this Chapter is in conflict with other provisions of law or ordinance, the most restrictive provision, as determined by the City, shall prevail. (b) If any clause, section, or provision of this chapter is declared invalid or uncon- stitutional by a court of competent jurisdiction, the validity of the remainder shall not be affected thereby. (c) This chapter shall not be construed as authorizing any person to maintain a nui- sance on his, her or its property, and compliance with the provisions of this chapter shall not be a defense in any action to abate such a nuisance. (d) Failure of the City to observe or recognize hazardous or unsightly conditions or to recommend corrective measures shall not relieve the site owner or operator from the responsibility for the condition or damage resulting therefrom, and shall not result in the City, its officers, employees, or agents being responsible for any condition or damage resulting therefrom. 917.06 RESPONSIBILITY FOR ADMINISTRATION. The Director of Public Works or his or her designee shall administer, implement, and enforce the provisions of this chapter. The City may contract with the Cuyahoga County Board of Health or other qualified agency to conduct inspections and moni- toring and to assist with enforcement actions. 917.07 DISCHARGE AND CONNECTION PROHIBITIONS. (a) Prohibition of Illicit Discharges. No person shall discharge, or cause to be dis- charged, an illicit discharge into the MS4. The commencement, conduct, or continuance of any illicit discharge to the MS4 is prohibited except the follow- ing non -storm water discharges: (1) Water line flushing; landscape irrigations; diverted stream flows; rising ground waters; uncontaminated ground water infiltration; uncontaminated pumped ground water; discharges from potable water sources; foundation