[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).