[Ord. No. 4585, 7-8-2020]
A. 
No person shall release or cause to be released into the storm drainage system any discharge that is not composed entirely of uncontaminated stormwater, except as allowed under a NPDES permit, the DNR or this Code. Common stormwater contaminants include trash, yard waste, lawn chemicals, pet waste, wastewater, oil, petroleum products, cleaning products, paint products, metals, hazardous waste, and sediment.
B. 
No person shall construct, use, maintain or have continued existence of illicit connections to the storm drain system. This 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.
C. 
No person shall connect a line conveying sanitary sewage, domestic sewage or industrial waste, including connections of a commercial water filtration or water softener, to the storm drainage system.
D. 
No person shall maliciously destroy or interfere with BMPs implemented pursuant to this document.
E. 
No person shall throw, place or deposit in any stream, creek, lake, pond or river within the City limits any matter or thing liable to impede, impair or pollute the water therein or to build, place, throw or deposit on or along the banks thereof any structure or any matter or thing of any description liable to decay and produce any noxious gases or effluvia calculated to pollute or obstruct any of such waters in the City of Festus, Missouri.
F. 
No owner or occupant of any lot, tract or parcel of land within the City limits will have a collection of water (excluding goldfish ponds, ponds or lakes and wet detention/retention basins as designed by an engineer) or shall remove any earth or soil from such lot, tract or parcel of land so as to cause water to collect therein and become stagnant, unclean, offensive or injurious to the individual, public health or the environment.
G. 
No person shall stockpile any manure in the City in a floodplain or floodway, nor dump any manure, to include, but not limited to, human, livestock or pet waste into any waterway or water body within the City of Festus.
H. 
The City of Festus shall have the right-of-entry to any lot, tract or parcel of land by any of the inspectors or designee of the Director of Public Works for the purpose of inspection of an illicit discharge. The City has the right to enter a DNR permitted facility in the event of an overflow, obvious by-pass such as, but not limited to, the by-pass of the sand filter, direct discharge, etc. The City has the right to make suggestions or recommendations and if the problem is of a serious nature that produces an immediate risk to the health of the residents of the City, the property of the residents of the City and any risk to the environment, the City can require on the spot corrections or immediate disconnection of water/sewer services to fix the problem. All corrections shall still be made in accordance with Missouri DNR regulations and/or the City suggestions.
I. 
It shall be unlawful for any person, firm or corporation to cause or permit any sewage to be deposited, dumped, discharged or drained on the surface or subsurface of the ground or about any public right-of-way or ditch within the City, except as allowed under a NPDES permit, the DNR or this Code. For the purpose of this Section, "sewage" is defined as any substance that contains any of the waste products or other discharges from the bodies of human beings or animals or chemical or other wastes from domestic, manufacturing or other forms of industry. Such definition shall, include, but not be limited to, the discharge from laundry operations, both domestic and institutional.
J. 
No well or cistern shall be left open or insecurely covered within the City. These must be closed in accordance with Missouri Department of Natural Resources regulations.
K. 
It shall be unlawful for the owner or occupant of any residence, institution, professional, commercial or business establishment or for contractors or builders engaged in construction or remodeling projects to deposit or accumulate refuse in or upon any lot, parcel of land, public or private drive, alley, street, creek, dry creek or any part of the City's stormwater system natural or manmade or other place in the City, except in an approved containment device or except as allowed under a NPDES permit, the DNR or this Code. No person shall permit or allow any refuse in his/her yard or upon the premises occupied by him/her or to throw or deposit any refuse upon the premises of any other person or upon any of the streets, alleys or other public places in the City.
L. 
Homeowners associations shall maintain their detention/retention basins and ensure proper working order of such. This is to include a maintenance log and inspection log. This will include the visual assessment of water quality of the outfall for such basin. The homeowner's association shall also ensure that the basin(s) is properly mowed and that it properly drains and does not allow standing water. This excludes wet detention/retention basins that are designed by an engineer and approved by the Building/Public Works Departments
M. 
Any amount of land disturbed under an acre shall have the appropriate BMPs to control erosion and sediment and ensure the protection of waterways and the adjoining property.
N. 
All discharges of uncontaminated stormwater from downspouts or sump pumps shall discharge at a minimum of five (5) feet from the property line. If a concentration of water creates erosion, rip rap or some other form of a diffuser shall be utilized to minimize damage to any adjoining property.
[Ord. No. 4585, 7-8-2020]
A. 
The owner or general agent of a building or premises where a violation of any provision of said regulations has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee, or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor, or any other person who commits, takes part or assists in any such violation, or who maintains any building or premises in which any such violation shall exist shall be guilty of an ordinance violation punishable by a fine of not less than fifty dollars ($50.00) and not more than two hundred fifty dollars ($250.00) for each and every day that such violation continues, or by imprisonment for ten (10) days for each and every day such violation shall continue, or by both such fine and imprisonment in the discretion of the court. Notwithstanding the provisions of Section 82.300, RSMo., for the second and subsequent offenses involving the same violation at the same building or premises, the punishment shall be a fine of not less than one hundred dollars ($100.00) or more than five hundred dollars ($500.00) for each and every day that such violation shall continue, or by imprisonment for ten (10) days for each and every day such violation shall continue, or by both such fine and imprisonment in the discretion of the court.
B. 
Any such person who, having been served with an order to remove any such violation, shall fail to comply with such order within ten (10) days after such service or shall continue to violate any provision of the regulations made under authority of Sections 89.010 to 89.140, RSMo., in the respect named in such order shall also be subject to a civil penalty of two hundred fifty dollars ($250.00).