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Storm Water and Sanitary Sewers 8G <br /> <br /> <br />non-structural BMPs. Further, any person responsible for a property or premises, which is, or may be, <br />the source of an illicit discharge, may be required to implement, at the person’s expense, additional <br />structural and non-structural BMPs to prevent the further discharge of pollutants to the municipal <br />separate storm sewer system. Compliance with all terms and conditions of a valid NPDES permit <br />authorizing the discharge of storm water associated with industrial activity, to the extent practicable, <br />shall be deemed compliant with the provisions of this section. These BMPs shall be part of a storm <br />water pollution prevention plan (SWPP) as necessary for compliance with requirements of the NPDES <br />permit. <br />(Ord. 2009-002, passed 2-24-2009) <br /> <br /> <br />§ 50.40 WATERCOURSE PROTECTION. <br /> <br /> Every person owning property through which a watercourse passes, or such person’s lessee, shall <br />keep and maintain that part of the watercourse within the property free of trash, debris, excessive <br />vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water <br />through the watercourse. In addition, the owner or lessee shall maintain existing privately owned <br />structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, <br />function, or physical integrity of the watercourse. <br />(Ord. 2009-002, passed 2-24-2009) <br /> <br /> <br />§ 50.41 NOTIFICATION OF SPILLS. <br /> <br /> Notwithstanding other requirements of law, as soon as any person responsible for a facility or <br />operation, or responsible for emergency response for a facility or operation, has information of any <br />known or suspected release of materials which are resulting or may result in illegal discharges or <br />pollutants discharging into storm water, the storm drain system, or water of the U.S. that person shall take <br />all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of <br />such a release of hazardous materials the person shall immediately notify emergency response agencies <br />of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, <br />the person shall notify the authorized enforcement agency in person or by phone or facsimile no later <br />than the next business day. Notifications in person or by phone shall be confirmed by written notice <br />addressed and mailed to the city within three business days of the phone notice. If the discharge of <br />prohibited materials emanates from a commercial or industrial establishment, the owner or operator of <br />such establishment shall also retain an on-site written record of the discharge and the actions taken to <br />prevent its recurrence. Such records shall be retained for at least three years. <br />(Ord. 2009-002, passed 2-24-2009) <br /> <br /> <br />§ 50.42 ENFORCEMENT. <br /> <br /> (A) Notice of violation. Whenever the city finds that a person has violated a prohibition or <br />failed to meet a requirement of this subchapter, the authorized enforcement agency may order <br />compliance by written notice of violation to the responsible person. Such notice may require without <br />limitation: <br /> <br />2010 S-2