[R.O. 2011 §703.010; Ord. No. 2003-56 §1, 6-17-2003]
A.
The
purpose of this Chapter is to provide for the health, safety and general
welfare of the citizens of the City of Riverside, Missouri, through
the regulations of non-stormwater discharges to the storm drainage
system to the maximum extent practicable as required by Federal and
State law. This Chapter establishes the methods for controlling the
introduction of pollutants into the municipal separate storm sewer
system (MS4) in order to comply with the requirements of the National
Pollution Discharge Elimination System (NPDES) permit process. The
objectives of this Chapter are:
1.
To regulate the contribution of pollutants to the municipal separate
storm sewer system (MS4) through stormwater discharge by any user;
2.
To prohibit illicit connections and discharges to the MS4; and
3.
To establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
Chapter.
[R.O. 2011 §703.020; Ord. No. 2003-56 §1, 6-17-2003]
As used in this Chapter, the following terms shall have these
prescribed meanings:
The Codes Enforcement Officer and/or the City Engineer of
the City of Riverside, Missouri, who are authorized to enforce this
Chapter.
Schedules of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices
to prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters, or stormwater conveyance systems.
BMPs also include treatment practices, operating procedures, and practices
to control site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage.
The Federal Water Pollution Control Act (33 U.S.C. Sections
1251, et seq.) and any subsequent amendments thereto.
Activities subject to NPDES construction permits. Such activities
include, but are not limited to, clearing and grubbing, grading, excavating
and demolition.
Any material, including any substance, waste or combination
thereof, which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
Any direct or indirect non-stormwater discharge to the storm drain system, except as exempted in Section 705.060 of this Chapter.
An illicit connection is defined as either of the following:
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the storm drain system
including, but not limited to, any conveyances which allow any non-stormwater
discharge, including sewage, process wastewater and wash water, to
enter the storm drain system and any connections to the storm drain
system from indoor drains and sinks, regardless of whether said drain
or connection had been previously allowed, permitted or approved by
an authorized enforcement agency; or
Any drain or conveyance connected from a commercial or industrial
land use to the storm drain system which has not been documented in
plans, maps or equivalent records and approved by an authorized enforcement
agency.
Activities subject to NPDES industrial permits as defined
in 40 CFR, Section 122.26(b)(14).
A permit issued by the United States Environmental Protection
Agency (EPA), or by a State department or agency under authority delegated
pursuant to 33 U.S.C. Section 1342(b), that authorizes the discharge
of pollutants to waters of the United States, whether the permit is
applicable on an individual, group, or general area-wide basis.
Any discharge to the storm drain system that is not composed
entirely of stormwater.
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or as the owner's agent.
Anything which causes or contributes to pollution. Pollutants
may include, but are not limited to, paints, varnishes and solvents;
oil and other automotive fluids; non-hazardous liquid and solid wastes
and yard wastes; refuse, rubbish, garbage, litter, or other discarded
or abandoned objects and accumulations so that same may cause or contribute
to pollution; floatables; pesticides, herbicides and fertilizers;
hazardous substances and wastes; sewage, fecal coliform and pathogens;
dissolved and particulate metals; animal wastes; wastes and residues
that result from the construction of a building or structure; and
noxious or offensive matter of any kind.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
Publicly-owned facilities by which stormwater is collected
and/or conveyed, including, but not limited to, any roads with drainage
systems, municipal streets, gutters, curbs, inlets, piped storm drains,
pumping facilities, retention and detention basins, natural and human-made
or altered drainage channels, reservoirs, swales, and other drainage
structures.
Any surface flow, runoff and drainage consisting entirely
of water from any form of natural precipitation and resulting from
such precipitation.
A document which describes the best management practices
and activities to be implemented by a person or business to identify
sources of pollution or contamination at a site and the action to
eliminate or reduce pollutant discharges to stormwater, stormwater
conveyance systems, and/or receiving waters to the maximum extent
practicable.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
[R.O. 2011 §703.030; Ord. No. 2003-56 §1, 6-17-2003]
This Chapter shall apply to all water entering the storm drainage
system generated on any developed and undeveloped lands unless explicitly
exempted by an authorized enforcement agency.
[R.O. 2011 §703.040; Ord. No. 2003-56 §1, 6-17-2003]
The authorized enforcement agency shall administer, implement
and enforce the provisions of this Chapter. Any powers granted or
duties imposed upon the authorized enforcement agency may be delegated
in writing by the Board of Aldermen of the City of Riverside, Missouri,
to persons or entities acting in the beneficial interest of or in
the employ of the agency.
[R.O. 2011 §703.050; Ord. No. 2003-56 §1, 6-17-2003]
The standards set forth herein and promulgated pursuant to this
Chapter are minimum standards. Therefore, this Chapter does not intend
or imply that compliance by any person will ensure that there will
be no contamination, pollution, or unauthorized discharge of pollutants.
[R.O. 2011 §703.060; Ord. No. 2003-56 §1, 6-17-2003]
A.
Prohibition Of Illegal Discharges. No person shall discharge
or cause to be discharged into the municipal storm drainage system
or watercourses any materials, including, but not limited to, pollutants
or waters containing any pollutants, that cause or contribute to a
violation of applicable water quality standards, other than stormwater.
The commencement, conduct or continuance of any illegal discharge
to the storm drainage system is prohibited except as described as
follows:
1.
The following discharges are exempt from discharge prohibitions established
by this Chapter: Water line flushing or other potable water sources,
landscape irrigation or lawn watering, diverted stream flows, rising
ground water, ground water infiltration to storm drains, uncontaminated
pumped ground water, foundation or footing drains (not including active
ground water dewatering systems), crawl space pumps, air conditioning
condensation, springs, non-commercial washing of vehicles, natural
riparian habitat or wetland flows, swimming pools (if dechlorinated —
typically less than one (1) PPM chlorine), fire-fighting activities,
and any other water source not containing pollutants.
2.
Discharges specified in writing by the authorized enforcement agency
as being necessary to protect public health and safety.
3.
Dye testing is an allowable discharge but requires a written notification
to the authorized enforcement agency prior to the time of the test.
4.
The prohibition shall not apply to any non-stormwater discharge permitted
under an NPDES permit, waiver or waste discharge order issued to the
discharger and administered under the authority of the EPA, provided
that the discharger is in full compliance with all requirements of
the permit, waiver or order and other applicable laws and regulations,
and provided that written approval has been granted for any discharge
to the storm drainage system.
B.
Prohibition Of Illicit Connections.
[R.O. 2011 §703.070; Ord. No. 2003-56 §1, 6-17-2003]
A.
Suspension Due To Illicit Discharges In Emergency Situations. The authorized enforcement agency may, without prior notice, suspend
MS4 discharge access to a person when such suspension is necessary
to stop an actual or threatened discharge which presents or may present
imminent and substantial danger to the environment, or to the health
or welfare of persons, or to the MS4 or waters of the United States.
If the violator fails to comply with a suspension order issued in
an emergency, the authorized enforcement agency may take such steps
as deemed necessary to prevent or minimize damage to the MS4 or waters
of the United States or to minimize danger to persons.
B.
Suspension Due To The Detection Of Illicit Discharge. Any
person discharging to the MS4 in violation of this Chapter may have
their MS4 access terminated if such termination would abate or reduce
an illicit discharge. The authorized enforcement agency will notify
a violator of the proposed termination of its MS4 access. The violator
may petition the authorized enforcement agency for a reconsideration
and hearing. A person violates this Section if the person reinstates
MS4 access to premises terminated pursuant to this Section without
the prior approval of the authorized enforcement agency.
[R.O. 2011 §703.080; Ord. No. 2003-56 §1, 6-17-2003]
Any person subject to an individual or construction activity
NPDES stormwater discharge permit shall comply with all provisions
of such permit. Proof of compliance with said permit may be required
in a form acceptable to the authorized enforcement agency prior to
the allowing of discharges to the MS4.
[R.O. 2011 §703.090; Ord. No. 2003-56 §1, 6-17-2003]
A.
Applicability. This Section applies to all facilities that
have stormwater discharge associated with industrial activity, including
construction activity.
B.
Access To Facilities.
1.
The authorized enforcement agency shall be permitted to enter and
inspect facilities subject to regulation under this Chapter as often
as may be necessary to determine compliance with this Chapter. If
a discharges has security measures in force which require proper identification
and clearance before entry into its premises, the discharger shall
make the necessary arrangement to allow access to representatives
of the authorized enforcement agency.
2.
Facility operators shall allow the authorized enforcement agency
ready access to all parts of the premises for the purposes of inspection,
sampling, examination and copying of records that must be kept under
the conditions of an NPDES permit to discharge stormwater and the
performance of any additional duties as defined by State and Federal
law.
3.
The authorized enforcement agency shall have the right to set up
on any permitted facility such devices as are necessary in the opinion
of the authorized enforcement agency to conduct monitoring and/or
sampling of the facility's stormwater discharge.
4.
The authorized enforcement agency shall have the right to require
the discharges to install monitoring equipment as necessary. The facility's
sampling and monitoring equipment shall be maintained at all times
in a safe and proper operating condition by the discharger at its
own expense. All devices used to measure stormwater flow and quality
shall be calibrated to ensure their accuracy.
5.
Any temporary or permanent obstruction to safe and easy access to
the facility to be inspected and/or sampled shall be promptly removed
by the operator at the written or oral request of the authorized enforcement
agency and shall not be replaced. The costs of clearing such access
shall be borne by the operator.
6.
Unreasonable delays in allowing the authorized enforcement agency
access to a permitted facility is a violation of a stormwater discharge
permit and of this Section. A person who is the operator of a facility
with a NPDES permit to discharge stormwater associated with industrial
activity commits an offense if the person denies the authorized enforcement
agency reasonable access to the permitted facility for the purpose
of conducting any activity authorized or required by this Chapter.
7.
If the authorized enforcement agency has been refused access to any
part of the premises from which stormwater is discharged, and he/she
is able to demonstrate probable cause to believe that there may be
a violation of this Chapter, or that there is a need to inspect and/or
sample as part of a routine inspection and sampling program designed
to verify compliance with this Chapter or any order issued hereunder,
or to protect the overall public health, safety and welfare of the
community, then the authorized enforcement agency may seek issuance
of a search warrant from any court of competent jurisdiction.
[R.O. 2011 §703.100; Ord. No. 2003-56 §1, 6-17-2003]
The authorized enforcement agency will adopt requirements identifying
best management practices (BMPs) for any activity, operation or facility
which may cause or contribute to pollution or contamination of stormwater,
the storm drainage system, or waters of the United States. The owner
or operator of a commercial or industrial establishment shall provide,
at their own expense, reasonable protection from accidental discharge
of prohibited materials or other wastes into the municipal storm drainage
system or watercourses through the use of these structural and non-structural
BMPs. Further, any person responsible for a property or premises,
which is, or may be, the source of an illicit discharge, may be required
to implement, at said person's expense, additional structural and
non-structural BMPs to prevent the further discharge of pollutants
to the MS4. Compliance with all terms and conditions of a valid NPDES
permit authorizing the discharge of stormwater associated with industrial
activity, to the extent practicable, shall be deemed compliance with
the provisions of this Section. These BMPs shall be part of a stormwater
pollution prevention plan (SWPP) as necessary for compliance with
requirements of the NPDES permit.
[R.O. 2011 §703.110; Ord. No. 2003-56 §1, 6-17-2003]
Every person owning property through which a watercourse passes,
or such person's lessee, shall keep and maintain that part of the
watercourse within the property free of trash, debris, excessive vegetation
and other obstacles that would pollute, contaminate or significantly
retard the flow of water through the watercourse. In addition, the
owner or lessee shall maintain existing privately owned structures
within or adjacent to a watercourse, so that such structures will
not become a hazard to the use, function or physical integrity of
the watercourse.
[R.O. 2011 §703.120; Ord. No. 2003-56 §1, 6-17-2003]
Notwithstanding other requirements of law, as soon as any person
responsible for a facility or operation, or responsible for emergency
response for a facility or operation, has information of any known
or suspected release of material which is resulting or may result
in illegal discharges or pollutants discharging into stormwater, the
storm drain system, or water of the United States, said person shall
take all necessary steps to ensure the discovery, containment and
cleanup of such release. In the event of such a release of hazardous
materials, said person shall immediately notify emergency response
agencies of the occurrence via emergency dispatch services. In the
event of a release of non-hazardous materials, said person shall notify
the authorized emergency agency in person or by phone or facsimile
no later than the next business day. Notifications in person or by
phone shall be confirmed by written notice addressed and mailed to
the authorized enforcement agency within three (3) business days of
the phone notice. If the discharge of prohibited materials emanates
from a commercial or industrial establishment, the owner or operator
of such establishment shall also retain an on-site written record
of the discharge and the actions taken to prevent its recurrence.
Such records shall be retained for at least three (3) years.
[R.O. 2011 §703.130; Ord. No. 2003-56 §1, 6-17-2003]
A.
Notice Of Violations. Whenever the authorized enforcement
agency finds that a person has violated a prohibition or failed to
meet a requirement of this Chapter, the authorized enforcement agency
may order compliance by written notice of violation to the responsible
person. Such notice may require without limitation any and/or all
of the following:
1.
The performance of monitoring, analyses and reporting;
2.
The elimination of illicit connections or discharges;
3.
That violating discharges, practices or operations shall cease and
desist;
4.
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
5.
Payment of a fine to cover administrative and remediation costs;
and
6.
The implementation of source control or treatment BMPs.
B.
Abatement And/Or Restoration. If abatement of a violation
and/or restoration of affected property is required, the notice shall
set forth a deadline within which such remediation or restoration
must be completed. Said notice shall further advise that should the
violator fail to remediate or restore within the established deadline,
the work will be done by a designated governmental agency or a contractor
and the expense thereof shall be charged to the violator.
[R.O. 2011 §703.140; Ord. No. 2003-56 §1, 6-17-2003]
Any person receiving a notice of violation may appeal the determination
of the authorized enforcement agency. The notice of appeal must be
received within ten (10) days of the date of the notice of violation.
Hearing on the appeal before the Board of Aldermen shall be at the
next available meeting of the Board after the date of receipt of the
notice of appeal. The decision of the Board of Aldermen or its designee
shall be final.
[R.O. 2011 §703.150; Ord. No. 2003-56 §1, 6-17-2003]
If the violation has not been corrected pursuant to the requirements
set forth in the notice of violation or, in the event of an appeal,
within seven (7) days of the decision of the Board of Aldermen upholding
the decision of the authorized enforcement agency, then representatives
of the authorized enforcement agency shall enter upon the subject
private property and are authorized to take any and all measures necessary
to abate the violation and/or restore the property. It shall be unlawful
for any person, owner, agent or person in possession of any premises
to refuse to allow the government agency or designated contractor
to enter upon the premises for the purposes set forth above.
[R.O. 2011 §703.160; Ord. No. 2003-56 §1, 6-17-2003]
Within thirty (30) days after abatement of the violation, the
owner of the property will be notified of the cost of abatement, including
administrative costs. The property owner may file a written protest
objecting to the amount of the assessment within ten (10) days. If
the amount due is not paid within a timely manner as determined by
the decision of the Board of Aldermen or by the expiration of the
time in which to file an appeal, the charges shall become a special
assessment against the property and shall constitute a lien on the
property for the amount of the assessment.
[R.O. 2011 §703.170; Ord. No. 2003-56 §1, 6-17-2003]
It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this Chapter. If
a person has violated or continues to violate the provisions of this
Chapter, the authorized enforcement agency may petition for a preliminary
or permanent injunction restraining the person from activities which
would create further violations or compelling the person to perform
abatement or remediation of the violation.
[R.O. 2011 §703.180; Ord. No. 2003-56 §1, 6-17-2003]
In lieu of enforcement proceedings, penalties and remedies authorized
by this Chapter, the authorized enforcement agency may impose upon
a violator alternative compensatory actions, such as storm drain stenciling,
attendance at compliance workshops, creek cleanup, etc.
[R.O. 2011 §703.190; Ord. No. 2003-56 §1, 6-17-2003]
In addition to the enforcement processes and penalties provided,
any condition caused or permitted to exist in violation of any of
the provisions of this Chapter is a threat to public health, safety
and welfare, and is declared and deemed a nuisance, and may be summarily
abated or restored at the violator's expense, and/or a civil action
to abate, enjoin, or otherwise compel the cessation of such nuisance
may be taken.
[R.O. 2011 §703.200; Ord. No. 2003-56 §1, 6-17-2003]
Any person that has violated or continues to violate this Chapter shall be liable to criminal prosecution to the fullest extent of the law and shall be subject to the criminal penalties established by Section 100.240 of the Code.
[R.O. 2011 §703.210; Ord. No. 2003-56 §1, 6-17-2003]
The remedies listed in this Chapter are not exclusive of any
other remedies available under any applicable Federal, State or local
law, and it is within the discretion of the authorized enforcement
agency to seek cumulative remedies.
