The City of Wheeling has enacted a Stormwater Management and Surface Water Discharge Ordinance in order to protect and enhance the water quality of watercourses, water bodies, groundwater and wetlands located within the City of Wheeling watershed in a manner pursuant to and consistent with the Clean Water Act and associated federal and state stormwater regulations. The City of Morgantown 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 Morgantown will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. Stormwater fees will be calculated and collected by the City of Morgantown. The City of Morgantown, 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.
(a) The use of the stormwater system shall be the collection and transportation of stormwater. The use of the sanitary sewer system shall be, to the furthest extent practicable, the collection and transportation of sanitary sewage.
(b) No person shall place or cause to be placed any pollutant into the stormwater system other than stormwater, unless written approval has been granted by the Director. The Director may refuse to grant approval to discharge non-stormwater into the stormwater system for any reason or combination of reasons.
(c) No person shall knowingly discharge, place or cause to be placed any stormwater discharge into the sanitary sewer system, unless written approval has been granted by the Director.
(d) The City of Wheeling shall administer use of the stormwater system to all users within the City watershed, whether located within or outside City limits.
(e) No person shall cause or permit the introduction of any pollutant into the stormwater system, whether solid, liquid or gaseous, that will cause:
(1) Chemical reaction, either directly or indirectly with the materials of construction used in the stormwater system or that will impair the strength or durability of sewers or structures;
(2) Mechanical action that will destroy or damage sewers or structures;
(3) Restriction of the normal maintenance and inspection of sewers;
(4) Danger to public health and safety or to the environment;
(5) Conditions that create a public nuisance;
(6) An oil sheen or unusual color;
(7) Abnormal demand on the stormwater system capacity; or,
(8) Violation of a NPDES permit or applicable receiving water quality standards and all other Federal, State, and local regulations.
(f) Any person or entity engaged in activities which will or may result in pollutants entering the stormwater system shall undertake best management practices to reduce such pollutants. Examples of such activities include, but are not limited to, compliant operation of facilities that may be a source of pollutants, such as paved parking lots, gasoline stations, industrial facilities, and private roads/streets.
(g) No person shall throw, deposit, leave, maintain or cause to be thrown, deposited, left or maintained any refuse, rubbish, garbage, grease, petroleum products, or other discarded or abandoned objects, articles and accumulations in or upon any street, alley, sidewalk, storm drain inlet, catch basin, conduit or other drainage structures, parking area, or upon any private or public plot of land so that the same might become a pollutant within the stormwater system, except where the pollutant is being temporarily stored in properly contained waste receptacles or is part of a well-defined compost system.
(h) No person shall cause or permit any dumpster, solid waste bin, or similar container to leak such that any pollutant is discharged into any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structure, or upon any public or private plot of land in the urban watershed.
(i) No person shall use the stormwater system for discharge from any environmental cleanup that is regulated under federal or state law unless approved by the Director. Approval by the Director must be conditioned upon the discharge meeting all criteria for discharge under this chapter. Approval conditions may provide for measures appropriate to prevent harm due to possible exfiltration into the ground adjacent to the system or failure of any pretreatment system for the discharge.
It is prohibited to establish, use, maintain or continue illicit connections to the stormwater system, or to commence or continue any illicit discharges to the stormwater system.
In outdoor areas, no person shall store grease, oil or other hazardous substances in a manner that will or may result in such substances entering the stormwater system. In outdoor areas, no person shall store motor vehicles, machine parts, or other objects in a manner that may leak grease, oil, or other hazardous substances to the stormwater system. To prevent the discharge of hazardous substances to the stormwater system, the Director may require the installation of a spill containment system. Spill containment systems may consist of a system of dikes, walls, barriers, berms, or other devices as required. No person shall operate a spill containment system such that it allows incompatible liquids to mix and thereby create a hazardous condition.
Discharges from the following activities will not be considered a source of pollutants to the stormwater system and/or the waters of the State when properly managed: water line flushing and uncontaminated discharges from potable water sources, landscape irrigation and lawn watering, irrigation water, diverted stream flows, rising ground waters, groundwater infiltration to separate storm drains, uncontaminated pumped ground water, foundation and footing drains, roof drains, water from crawl space pumps, residential air conditioning condensation, springs, individual residential and non-profit group car washes, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges or flows from fire-fighting activities and training.
Any discharge that would cause a violation of a NPDES Permit and any amendments, revisions or reissuance thereof, either separately considered or when combined with other discharges, is prohibited. Liability for any such discharge, including, but not limited to, the cost of remedial activity, shall be the responsibility of the person(s) causing or responsible for the discharge, and the City shall seek to have such persons defend, indemnify and hold harmless the City in any administrative or judicial enforcement action against the City of Wheeling relating to such discharge as provided by applicable rules of law.
All persons in charge of a facility or responsible for emergency response for a facility are responsible to train facility personnel, maintain records of such training and maintain notification procedures to assure that immediate notification is provided to Emergency Services upon becoming aware of any suspected, confirmed or unconfirmed release of material, pollutants or waste creating a risk of discharge into the municipal stormwater system or into a receiving stream.
(a) No person shall construct or maintain any property, residence or business not in compliance with the standards of this Article.
(b) The Director and other authorized employees of the City bearing proper credentials and identification shall be permitted, after reasonable notice, to enter upon all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this Article.
(c) No person or firm shall fail to provide any report or other information or perform any duty required by this Article.
(d) The Director is authorized to recommend to the City Manager that the City take appropriate legal action to require compliance with this Article.
(e) The Director is authorized to recommend to the City Manager that the City enforce and collect upon the terms of a construction and/or repair bond in the event of default of the conditions described therein.
(f) If, after reasonable notice, a person fails to comply with this Article, the Director may cause the work to be done to obtain compliance and shall charge the cost of that work to the person responsible. The responsible person shall pay in full the charged amount within thirty (30) days of the invoice date, or otherwise make arrangements, acceptable to the Director, for full payment of the invoiced amount.
(g) The Director is authorized to take all steps necessary to immediately halt any discharge of pollutants which reasonably appear to present an imminent danger to the health or welfare of persons or to the environment.
(h) Persons aggrieved by any determination of the Director in enforcing this Article may appeal that determination to the City Manager and/or his/her designated representative(s), then to the Wheeling City Council, then to a court of competent jurisdiction. Prosecution shall be stayed pending such an appeal.
(a) Private stormwater facilities located in private property and within the City watershed shall be maintained by the owner or other responsible party and shall be repaired and/or replaced by such person when such facilities are no longer functioning as designed.
(b) Disposal of waste from maintenance of private facilities shall be conducted in accordance with applicable federal, state and local laws and regulations.
(c) Records of installation and maintenance and repair shall be retained by the owner or other responsible party for a period of five (5) years and shall be made available to the Director upon request.
(d) The Director may perform corrective or maintenance work, which shall be at the owner's expense, upon any failure to maintain facilities or correct problems with facilities after receiving due reasonable notice from the Director.
(e) Routine maintenance of detention/retention facilities shall be conducted by the owner of the facility in accordance with this Article and guidance of the Director.
(a) Privately owned stormwater systems within the City watershed shall be inspected by the Director and/or designees during and after construction to assure consistency with the approved stormwater management plan.
(b) All private stormwater systems within the City watershed shall be subject to the authority of the Director to ensure compliance with this Article and may be inspected when deemed necessary.
(c) The owner of a private stormwater system, or other responsible party designated by the owner, shall make annual inspections of the facilities, including any detention/retention facility, and maintain records of such inspections for a period of five (5) years.
(d) Whenever necessary to make an inspection to enforce any of the provisions of this Article, or whenever the Director has reasonable cause to believe that there exists in any building or upon any premises any condition which may constitute a violation of the provisions of this Article, the Director may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed by this Article; provided that (1) if such building or premises is occupied, he or she first shall present proper credentials and request entry; and (2) if such building or premises is unoccupied, he or she first shall make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry.
(e) The property owner or occupant has the right to refuse entry but, in the event such entry is refused, the Director is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry and performing such inspection.
(f) Routine or area inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this Article, including but not limited to, random sampling and/or sampling in areas with evidence of stormwater pollution, illicit discharges, or similar factors.
Causing, permitting, aiding, abetting or concealing a violation of any provision of this Article shall constitute a violation of such provision.
Any person who violates any provision of this Article, or who discharges waste or wastewater which causes pollution, or who violates any cease and desist order, prohibition, or effluent limitation, also may be in violation of the federal Clean Water Act and may be subject to the sanctions of that Act including civil and criminal penalties.
(a) When the Director finds that a discharge has taken place or is likely to take place in violation of this Article, the Director may issue an order to cease and desist such discharge, or practice, or operation likely to cause such discharge and direct that those persons not complying shall comply with the requirement and comply with a time schedule for compliance. The Director shall provide notice to one in violation of this Article by personal notice or certified U.S. Mail, return receipt requested, or, if no return receipt is received by the Director after a reasonable time, by first class U.S. Mail. Said notice shall state the nature of the violation, the potential penalty, the action required to correct the violation, and the time period within which the corrective action must be taken.
(b) If, after receipt of proper notice, a violator fails to timely make the required corrections, the Director may enter upon the subject property and make said corrections. The costs of correction may be recovered in a civil action brought against the violator on behalf of the City.
(c) In the alternative, and at the discretion of the Director, and pursuant to WV Code §16-13-23A(l), a violator may be issued a cease and desist order to immediately discontinue the illicit discharge and/or be assessed a monetary fine, payable to the City, in accordance with the following schedule:
(1) First violation: $100.00 and notice to correct.
(2) Second violation and/or failure to correct: $500.00.
(3) Third violation and subsequent violations and/or continued failure to correct: $5,000.
Any fine assessed to the City for an illicit discharge or other action in violation of this article shall be assessed against and collected from the violator. In any event, the Director shall ensure that there is a reasonable time between a notice to correct and a subsequent sanction for failure to correct.
(d) (1) In addition or in the alternative, a violator that, after due notice, is found to be in non-compliance with the approved construction site management plan pursuant to Section 939.06 of this Article, and/or is found to be in non-compliance with the approved stormwater management and comprehensive drainage plan pursuant to Section 939.13 of this Article, may, at the discretion of the Director, be denied continued coverage by a cease and desist order regarding a previously issued building permit and/or refusal to issue or withdrawal of a previously issued occupancy permit until the non-compliant condition is resolved and damages remediated to the satisfaction of the Director.
(2) These sanctions may be assessed against any user of the municipal stormwater system within the City watershed. The Municipal Court and/or the Ohio County Circuit Court shall be the venue for violations occurring within the City political boundaries. The Ohio County Magistrate Court and/or the Ohio County Circuit Court shall be the venue for violations occurring within the City watershed and outside the political boundaries of the City.
In addition to the other enforcement powers and remedies established by this Article, the Director has the authority to utilize the following administrative remedies.
(a) Notice to Clean. Whenever the Director finds any oil, earth dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind, in or upon the sidewalk abutting or adjoining any parcel of land, or upon any parcel of land or grounds or in close proximity to any open drain or ditch channel, which may result in an increase in pollutants entering the storm drain system or a non-stormwater discharge to the storm drain system, he or she may give notice to the property owner to remove and lawfully dispose of such material in any manner that he or she reasonably may provide. The recipient of such notice shall undertake the activities as described in the notice within the time frames set forth therein.
(b) In the event the owner or operator of a facility fails to conduct the activities as described in the notice, the Director may cause such required activities as described in the notice to be performed, and the cost thereof shall be assessed and invoiced to the owner of the property. If the invoice is not paid within sixty (60) days, the Director may recommend to the City Manager that the City take appropriate legal action to collect the invoiced and ancillary costs.
Any person, firm, corporation or organization notified of non-compliance with this Article or required to perform monitoring, analyses, reporting and/or corrective activities who is aggrieved by the decision of the Director may appeal such decision in writing to the Wheeling City Council within ten (10) days following the effective date of the decision. Upon receipt of such request, the City Council shall request a report and recommendation from the Director and shall set the matter for administrative hearing at the earliest practical date. At said hearing, the City Council may hear additional evidence, and may revoke, affirm or modify the earlier decision. Such decision shall be final, subject to appeal to a Court of competent jurisdiction.