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.
ILLICIT DISCHARGE DETECTION AND ELIMINATION PROGRAM FOR THE CITY OF NAPERVILLE'S MUNICIPAL SEPARATE STORM SEWER SYSTEM:
1. Prohibition of Illicit Discharges:
1. Prohibition of Illicit Discharges: No person shall place, drain, or otherwise discharge, cause, or allow others under their control to place, drain, or otherwise discharge into the storm drainage system or Municipal Separate Storm Sewer System (MS4) any pollutants or waters containing any pollutants, other than normal stormwater unless specifically exempted in this Section.
2. The following discharges into the MS4 or the storm drainage system shall be prohibited:
2.1. Discharges that are not a direct result of precipitation and or snow melt within the drainage area of the MS4.
2.2. Discharges from an illicit connection.
3. The following discharges are exempt from discharge prohibitions established herein provided they do not cause an adverse effect on water quality as determined by the City Engineer:
3.1. Discharges caused by governmental public works and stormwater management units as part of their standard operations in compliance with all applicable regulations.
3.2. Discharges required by law or authorized by permit, including any non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered by the USEPA and/or IEPA.
3.3. Water line and fire hydrant flushing.
3.4. Landscape irrigation water.
3.5. Rising ground waters.
3.6. Ground water infiltration.
3.7. Pumped ground water.
3.8. Discharges from potable water sources.
3.9. Foundation drains.
3.10. Air conditioning condensate.
3.11. Irrigation water (except for wastewater irrigation).
3.13. Water from crawl space pumps.
3.14. Footing drains.
3.15. Storm sewer cleaning water.
3.16. Water from any outdoor residential, charitable, or automobile dealership premise car wash.
3.17. Water from individual residential car washing.
3.18. Routine external building wash-down which does not use detergents.
3.19. Flows from riparian habitats and wetlands.
3.20. Dechlorinated pH neutral swimming pool discharges.
3.21. Residual street wash water.
3.22. Discharges or flows from firefighting activities.
3.23. Dechlorinated water reservoir discharges.
3.24. Pavement washwaters where spills or leaks of toxic or hazardous materials have not occurred (unless all spilled material has been removed).
3.25. Discharges associated with dye testing of water line, sanitary sewers, storm sewers, private drains or septic systems; however, this activity shall not take place until the discharger, or tester, has provided notification to the City at least two (2) full business days prior to the test date, unless an emergency situation does not allow time for such notification.
3.26. Other discharges approved by the City as being substantially like any of the discharge types enumerated in this Section.
2. Prohibition of Illicit Connections:
1. The construction, use, maintenance, or continued existence of illicit connections to the storm drainage system or MS4 is prohibited.
2. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
3. A person is considered to be in violation of this Section if the person connects a line conveying sewage to the storm drainage system or MS4, or allows such a connection to continue.
4. Connections in violation of this Section must be disconnected and redirected, if necessary, to an approved wastewater management system or the sanitary sewer system upon approval of the City.
5. Any drain or conveyance that has not been documented in plans, maps or equivalent, and which may be connected to the storm sewer system or MS4, shall be located by the owner or occupant of that property upon receipt of written notice of violation from the City requiring that such locating be completed. Such notice shall specify a reasonable time period within which the location of the drain or conveyance is to be determined, that the drain or conveyance be identified as storm sewer, sanitary sewer or other, and that the outfall location or point of connection to the storm sewer system, MS4, sanitary sewer system, or other discharge point be identified. Results of these investigations are to be documented and provided to the City.
3. Administration and Enforcement:
1. Enforcement: The City Engineer, or his/her designee, is hereby authorized and directed to enforce the provisions of this Section.
2. Interpretation: The City Engineer shall be responsible for interpreting the provisions of this Section.
3. Penalty: Any person who violates any of the provisions of this Section shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
4. Nuisance: Illicit discharges shall be considered a nuisance and subject to abatement by the City. The person or entity responsible for the illicit discharge may be responsible for reimbursement to the City for the City's costs of the abatement of the illicit discharge.
Long-Term Access for Maintenance and Inspections.
Access to privately-owned land for inspection and Maintenance of site runoff storage facilities, Compensatory Storage facilities, Major Stormwater System, and storm sewers covered by the Certification shall be through a grant of easement in a form approved by the Director, or the Administrator. Other instruments may be accepted by the Director, or Administrator, provided that the access and Maintenance rights granted runs with the land and survives title transfers.
Subdivision site runoff storage areas, Compensatory Storage facilities, Major Stormwater System, and storm sewers not already located in dedicated rights-of-way or easements, shall be located either: (i) on a Parcel granted or dedicated to, and accepted by, a public entity; or, (ii) on a Parcel, or Parcels, conveyed by plat as undivided equal interests to each lot in the subdivision or otherwise conveyed or dedicated to conservation or land preservation entities approved by the Director, or the Administrator.
When title to the land underlying site runoff storage areas and storm sewers is conveyed in undivided equal interests to the owner(s) of each of the lots within the subdivision the following apply:
- A covenant shall appear on the face of the plat of subdivision, and on each deed conveying ownership of a subdivision lot, which states that title to such site runoff storage facilities and storm sewers shall be held in undivided equal interests by each lot owner within the subdivision; and
- A covenant shall appear on the face of the plat of subdivision, and on each deed conveying ownership of the subdivision lots, which states that in the event the governmental unit having easement rights exercises its right to perform Maintenance to such subdivision runoff storage facilities and storm sewers, that governmental unit may lien each lot within the subdivision for the costs of any Maintenance work performed; and
- An owners’ association may be established to provide for the Maintenance of the facilities, payment of property taxes, and the assessment and collection of owner dues or fees to fund said activities. Such associations shall be duly incorporated and the property owners' association’s declaration of covenants and bylaws shall be recorded against the title for all lots in that subdivision.
When title to the land underlying the site runoff storage areas and storm sewers are located on privately-owned land not falling within the scope of the above section, the following shall apply:
- The Applicant shall reserve an easement for access for Maintenance and inspection purposes to any governmental unit having drainage and, or, stormwater management jurisdiction over the property; and
- The Applicant shall record a covenant against title stating that in the event the governmental unit having easement rights under above section exercises its right to perform
Maintenance to site runoff storage facilities and storm sewers on that property, that governmental unit may lien the property for the costs of any Maintenance work performed.
POST CONSTRUCTION BEST MANAGEMENT PRACTICES
PCBMPs are required to treat the stormwater runoff for pollutants of concern and reduce Runoff volume for all Developments, with the exceptions and exclusions noted below. Upon a documented finding by the Director or Administrator that providing PCBMPs is impractical, then the appropriate
PCBMP fee-in-lieu shall be paid by the Applicant in lieu of providing full or partial PCBMPs.
PCBMPs are waived for the following Developments:
- When comparing the Impervious Area of the Pre-Development Site to the with-development Impervious Area of the same Development Site, excluding any areas of the Development Site for which PCBMPs have already been provided and maintained, and the Net New Impervious Area is less than 2,500 square feet in the aggregate since April 23, 2013; or
- The Development is limited to the resurfacing of an existing roadway; or reconstruction of an existing roadway with less than 2,500 square feet of Net New Impervious Area per quarter mile being added compared to the pre-development condition; or the replacement of an existing culvert or bridge; or
- The Development is a Regional Stormwater Management Development or a Flood Control Development which are also considered to be PCBMPs; or
- The Development is a stream bank stabilization, natural area restoration, or Wetlands Mitigation bank Development, or off-site wetland Mitigation which in itself is considered a
- The Development is limited to the construction, or re-construction, of a pedestrian walkway/bike path, in which the pedestrian walkway/bike path shall not exceed sixteen (16) feet in width, including shoulders; and is being constructed for general public use; or
- The Development is limited to the modification of an existing stormwater management facility to incorporate Best Management Practices which in itself is considered PCBMPs; or
- The Development is a Water or Sewer Improvement Development; or
- The Development is limited to construction or Maintenance of an underground or overhead utility conduit or line, with supports and appurtenances. This exception does not include Buildings, substations, pads, parking lots or other associated utility support facilities.
The following are prohibited from providing on-site infiltration PCBMPs.
1. Fueling and vehicle maintenance areas.
2. Areas within 400 feet of a known Community water system well as specified, or within 100 feet of a known private well, for Runoff infiltrated from commercial, industrial and institutional land uses. The Applicant shall use their best efforts to identify such zones from available information sources, which include the Illinois State Water Survey, IEPA, USEPA, DuPage County Health Department and the local municipality or water agency.
3. Areas where contaminants of concern, as identified by the USEPA or the IEPA prior to Development, are present in the soil through which infiltration would occur. For sites with a
No Further Remediation (NFR) letter from the USEPA or IEPA, the Applicant shall determine whether or not structural barriers are part of the Mitigation strategy and account for such measures in the design.
4. Development in soils classified as Hydrologic Soils Group A by the NRCS.
5. Developments over soils with the seasonally high groundwater table within 2 feet of the surface.