[R.O. 2004 § 216.010; Ord. No.
07-30 § 1, 12-11-2007]
This Chapter shall be known and may be cited as the City of
Weldon Spring "Illicit Discharge Ordinance."
[R.O. 2004 § 216.020; Ord. No.
07-30 § 1, 12-11-2007]
A.
This Chapter is adopted for the purposes of:
1.
Protecting the public health, safety and welfare by controlling
the discharge of pollutants into the stormwater conveyance system;
2.
Promoting activities directed toward the maintenance and improvement
of surface water and groundwater quality;
3.
Satisfying the requirements imposed upon the City of Weldon
Spring under its National Pollutant Discharge Elimination System (NPDES)
Municipal Separate Storm Sewer System (MS4) discharge permit issued
by the State; and
4.
Establishing administration and enforcement procedures through
which these purposes can be fulfilled.
B.
The provisions of this regulation are supplemental to regulations
administered by Federal and State Governments.
[R.O. 2004 § 216.030; Ord. No.
07-30 § 1, 12-11-2007]
Municipal separate storm sewer system.
National Pollutant Discharge Elimination System.
[R.O. 2004 § 216.040; Ord. No.
07-30 § 1, 12-11-2007]
As used in this Chapter, unless the context clearly indicates
otherwise, the following definitions apply:
Any unlawful disposal, placement, emptying, dumping, spillage,
leakage, pumping, pouring, emission or other discharge of any substance
other than stormwater into a stormwater conveyance, the waters of
the State or upon the land in such proximity to the same, such that
the substance is likely to reach a stormwater conveyance or the waters
of the State.
Any unlawful connection which allows the discharge of non-
stormwater to the stormwater conveyance system or waters of the State
in violation of this Chapter.
A stormwater conveyance or unified stormwater conveyance
system (including, without limitation, roads with drainage systems,
municipal streets, catch basins, stormwater detention facilities,
curbs, gutters, ditches, natural or man-made channels or storm drains)
that:
Is located within the corporate limits of Weldon Spring, Missouri;
and
Is owned or operated by the State, County, the City or other
public body; and
Discharges to waters of the State, excluding publicly owned
treatment works, and lawful connections thereto, which in turn discharge
into the waters of the State.
A permitting system established pursuant to Section 402 of
the Clean Water Act et seq. Federal Law Reference: National Pollutant
Discharge Elimination System Permits, 33 USC § 1342.
Man-made or man-induced alteration of the chemical, physical,
biological, thermal and/or radiological integrity of water.
Any flow resulting from, and occurring during or following,
any form of natural precipitation.
Any feature, natural or man-made, that collects and transports
stormwater, including, but not limited to, roads with drainage systems,
streets, catch basins, curbs, gutters, ditches, man-made and natural
channels, pipes, culverts and storm drains and any other natural or
man-made feature or structure designed or used for collecting or conveying
stormwater.
Surface waters within or flowing through the boundaries of
the State, including the following: any intermittent or perennial
stream, river, creek, brook, swamp, lake, sound, tidal estuary, bay,
reservoir, wetland or any other surface water or any portion thereof
that is mapped as solid or dashed blue lines on United States Department
of the Interior Geological Survey seven-and-five-tenths-minute series
topographic maps. Treatment systems, consisting of man-made bodies
of water, which were not originally created in waters of the State
and which are not the result of impoundment of waters of the State,
are not waters of the State.
[R.O. 2004 § 216.050; Ord. No.
07-30 § 1, 12-11-2007]
This Chapter shall apply within the territorial jurisdiction
of the City with the following exclusions:
Federal, State and local governments, including their agencies,
unless intergovernmental agreements have been established giving the
City enforcement authority.
[R.O. 2004 § 216.060; Ord. No.
07-30 § 1, 12-11-2007]
A.
The objectives of this Chapter are to:
[R.O. 2004 § 216.070; Ord. No.
07-30 § 1, 12-11-2007; Ord. No. 08-18 § 1, 9-16-2008]
A.
Illicit Discharges.
1.
No person shall cause or allow the discharge, emission, disposal,
pouring or pumping directly or indirectly to any stormwater conveyance,
the waters of the City or State or upon the land in such proximity
to the same (such that the substance is likely to reach a stormwater
conveyance or the waters of the State), any fluid, solid, gas or other
substance, other than stormwater; provided that non-stormwater discharges
associated with the following activities are allowed so long as that
they do not significantly impact water quality:
a.
Filter backwash [three hundred (300) gallons or less] and draining
of dechlorinated water associated with residential or commercial swimming
pools. This shall apply to pools larger than three thousand (3,000)
gallons.
b.
Filter backwash and draining associated with raw water intake
screening and filtering devices;
c.
Condensate from residential or commercial air conditioning;
d.
Residential vehicle washing;
e.
Flushing and hydrostatic testing water associated with utility
distribution systems;
f.
Discharges associated with emergency removal and treatment activities
for hazardous materials authorized by the Federal, State or local
government on-scene coordinator;
g.
Uncontaminated groundwater (including the collection or pumping
of springs, wells or rising groundwater and groundwater generated
by well construction or other construction activities);
h.
Collected infiltrated stormwater from foundation or footing
drains;
i.
Collected groundwater and infiltrated stormwater from basement
or crawl space sump pumps;
j.
Irrigation water, provided that the discharge does not pose
an environmental or health threat;
k.
Street wash water;
l.
Flows from firefighting;
m.
Discharges from the pumping or draining of natural watercourses
or water bodies as permitted by the Federal, State or local government;
n.
Flushing and cleaning of stormwater conveyances with unmodified
potable water;
o.
Wash water from the cleaning of the exterior of buildings, including
gutters, provided that the discharge does not pose an environmental
or health threat; and
p.
Other non-stormwater discharges for which a valid NPDES discharge
permit has been approved and issued by Federal, State or local government,
and provided that any such discharges to the municipal separate storm
sewer system shall be authorized by the City.
2.
Prohibited substances include, but are not limited to: oil,
antifreeze, chemicals, cut grass or vegetation, animal waste, paints,
construction debris, garbage and litter.
B.
Illicit Connections.
1.
Connections to a stormwater conveyance or stormwater conveyance system which allow the discharge of non-stormwater, other than the exclusions described in Subsection (A) above, are unlawful. Prohibited connections include, but are not limited to: floor drains, wastewater from washing machines or sanitary sewers, wash water from commercial vehicle washing or steam cleaning and wastewater from septic systems.
2.
Where such connections exist in violation and said connections
were made prior to the adoption of this provision or any other ordinance
prohibiting such connections, the property owner or the person using
said connection shall remove the connection within one (1) year following
application of this regulation; provided that, this grace period shall
not apply to connections which may result in the discharge of hazardous
materials or other discharges which pose an immediate threat to health
and safety or are likely to result in immediate injury and harm to
real or personal property, natural resources, wildlife or habitat.
3.
Where it is determined that said connection:
a.
May result in the discharge of hazardous materials or may pose
an immediate threat to health and safety or is likely to result in
immediate injury and harm to real or personal property, natural resources,
wildlife or habitat, or
b.
Was made in violation of any applicable regulation or ordinance,
the City Administrator or his/her designee shall designate the time
within which the connection shall be removed. In setting the time
limit for compliance, the City shall take into consideration:
C.
Spills. Spills or leaks of polluting substances discharged to or
having the potential to be indirectly transported to the stormwater
conveyance system shall be contained, controlled, collected and removed
promptly. All affected areas shall be restored to their preexisting
condition. Persons associated with the spill or leak shall immediately
notify the City of Weldon Spring City Administrator or his/her designee
of all spills or leaks of polluting substances. Notification shall
not relieve any person of any expenses related to the restoration,
loss, damage or any other liability which may be incurred as a result
of said spill or leak, nor shall such notification relieve any person
from other liability which may be imposed by Federal, State or other
law.
[R.O. 2004 § 216.080; Ord. No.
07-30 § 1, 12-11-2007]
A.
Authority To Enter. City personnel shall be permitted to enter upon
public or private property for the purposes of observation, inspection,
sampling, monitoring, testing, surveying and measuring compliance.
Should the owner or occupant of any property refuse to permit such
reasonable access, the City Administrator or his/her designee shall
proceed to obtain an administrative search warrant pursuant to Missouri
Statutes. No person shall obstruct, hamper or interfere with any such
representative while carrying out his/her official duties.
B.
Civil Penalties.
1.
Illicit Discharges Or Spills. Any designer, engineer, contractor,
agent or any other person who allows, acts in concert, participates,
directs or assists directly or indirectly in the creation of a violation
of this Chapter shall be subject to penalties as follows:
a.
For first-time offenders, if the quantity of the discharge is
equal to or less than five (5) gallons and consists of domestic or
household products in quantities considered ordinary for household
purposes, said person shall be subject to a penalty not to exceed
one hundred dollars ($100.00) per violation or per day for any continuing
violation and if the quantity of the discharge is greater than five
(5) gallons or contains non-domestic substances, including, but not
limited to, processed wastewater, or if said person cannot provide
clear and convincing evidence of the volume and nature of the substance
discharged, said person may be assessed a fine in Municipal Court
not to exceed five hundred dollars ($500.00) per violation or per
day for any continuing violation.
2.
Illicit Connections. Any person found with an illicit connection
in violation of this Chapter and any designer, engineer, contractor,
agent or any other person who allows, acts in concert, participates,
directs or assists directly or indirectly in the establishment of
an illicit connection in violation of this Chapter may be subject
to fines up to five hundred dollars ($500.00) in Municipal Court for
each day of violation.
C.
Injunctive Relief.
1.
Whenever the City Board of Aldermen has a reasonable cause to
believe that any person is violating or threatening to violate this
Chapter, rule, regulation, order duly adopted or issued pursuant to
this Chapter or making a connection to a stormwater conveyance or
stormwater conveyance system other than in accordance with the terms,
conditions and provisions of approval, the City may, either before
or after the institution of any other action or proceeding authorized
by the Code, institute a civil action in the name of the City for
injunctive relief to restrain and abate the violation or threatened
violation.
