HomeMy WebLinkAboutO-1516ORDINANCE NO.1516
AN ORDINANCE TO AMEND ORDINANCE NO. 10811
ARTICLE III HAZARDOUS MATERIALS OF THE
FAIRHOPE CODE OF ORDINANCES,
SECTION 12-72: ILLICIT DISCHARGES
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
Section 1. The Code of Ordinances, City of Fairhope, Alabama, Article III,
Section 12-72, is hereby amended to reflect the following changes and
additions:
Article III. — HAZARDOUS MATERIALS
Section 12-72. Illicit Discharges.
(a) It shall be unlawful for any person, firm, or corporation to discharge a pollutant
into the City of Fairhope's Municipal Separate Storm Sewer System (stormwater
system) in the City of Fairhope Police Jurisdiction that will have a deleterious
impact on the environment. Any pollutant, associated with an industrial or
commercial activity that is covered by the National Pollutant Discharge
Elimination System as dictated by 40 CFR 122.26, can be discharged to the city
stormwater system only if the discharge is covered by, an NPDES permit for
stormwater.
(b) Where an illicit discharge is reasonably believed by the City to be originating
from private or public property, structure, or other facility, it shall be the right of
the City to designate employees, bearing proper credentials and identification, to
enter property or facility grounds for the purpose of inspection, observation,
measurement, sampling and testing in accordance with this article.
(c) Authority is hereby granted to the City by and through its duly designated
enforcement officers to halt any discharge from private or public property,
structure, or other facility that is reasonably believed by the City to be potentially
harmful to human health or the environment.
(d) All costs incurred by the City in association with the ceasing of a potentially
harmful discharge will be reimbursed by the property owner of the discharging
property, structure, or facility. The City may charge the cost against the subject
land as a municipal lien, charges to be recovered in a suit at law against the owner.
(e) The penalty for violation of any provision of this ordinance shall be as specified
for general penalty in Section 1-8 of the Code of Ordinances of the City of
Fairhope.
Ordinance No. 1516
Page-2—
Section 2. The sections, paragraphs, sentences, clauses and phrases of this
ordinance are severable, and if any phrase, clause, sentence, paragraph
or section of this ordinance shall be declared unconstitutional by a court
of competent jurisdiction, then such ruling shall not affect any other
paragraphs and sections, since the same would have been enacted by
the municipality council without the incorporation of any such
unconstitutional phrase, clause, sentence, paragraph or section.
Section 3. This ordinance shall take effect immediately upon its due adoption and
publication as required by law.
ADOPTED THIS 23RD DAY OF JUNE, 2014
Kant,
ATTEST:
is4A. Hanks, MMC
City Clerk