[Ord. No. 09-7363 §1, 11-24-2009]
A.
The purpose
of this Chapter is to provide for the health, safety and general welfare
of the citizens of the Webb City, Missouri, through the regulation
of non-stormwater discharges to the storm drainage system to the maximum
extent practicable as required by Federal and State law. This Chapter
establishes methods for controlling the introduction of pollutants
into the municipal separate storm sewer system (MS4) in order to comply
with requirements of the National Pollutant 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) by stormwater discharges by any user;
2.
To prohibit
illicit connections and discharges to the municipal separate storm
sewer system; and
3.
To establish
legal authority to carry out all inspection, surveillance and monitoring
procedures necessary to ensure compliance with this Chapter.
[Ord. No. 09-7363 §1, 11-24-2009]
For purposes of this Chapter, the following shall mean:
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.
BMP 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. NPDES Stormwater
Phase II permits will be required for construction projects resulting
in land disturbance of one (1) acre or more. 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 250.070(B) 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 the
City; 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 the City.
Activities subject to NPDES industrial permits as defined
in 40 CFR, Section 122.26(b)(14).
A permit issued by EPA (or by a State under authority delegated
pursuant to 33 USC 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, ordinances 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 constructing 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 and other drainage structures.
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 actions to
eliminate or reduce pollutant discharges to stormwater, stormwater
conveyance systems and/or receiving waters to the maximum extent practicable.
Any surface flow, runoff and drainage consisting entirely
of water from any form of natural precipitation and resulting from
such precipitation.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
[Ord. No. 09-7363 §1, 11-24-2009]
This Chapter shall apply to all water entering the storm drain
system generated on any developed and undeveloped lands unless explicitly
exempted by the City.
[Ord. No. 09-7363 §1, 11-24-2009]
The City shall administer, implement and enforce the provisions
of this Chapter. Any powers granted or duties imposed upon the City
may be delegated in writing by the City Council to persons or entities
acting in the beneficial interest of or in the employ of the agency.
[Ord. No. 09-7363 §1, 11-24-2009]
The provisions of this Chapter are hereby declared to be severable.
If any provision, clause, sentence or paragraph of this Chapter or
the application thereof to any person, establishment or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions or application of this Chapter.
[Ord. No. 09-7363 §1, 11-24-2009]
The standards set forth herein and promulgated pursuant to this
Chapter are minimum standards; therefore, this Chapter does not intend
nor imply that compliance by any person will ensure that there will
be no contamination, pollution, nor unauthorized discharge of pollutants.
[Ord. No. 09-7363 §1, 11-24-2009]
A.
Prohibition Of Illegal Discharges. No person shall discharge
or cause to be discharged into the municipal storm drain 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.
B.
The commencement,
conduct or continuance of any illegal discharge to the storm drain
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 de-chlorinated—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 City as being necessary to protect public
health and safety.
3.
Dye
testing is an allowable discharge, but requires a verbal notification
to the City prior to the time of the test.
4.
The
prohibition shall not apply to any non-stormwater discharge permitted
under a NPDES permit, waiver or waste discharge order issued to the
discharger and administered under the authority of the Federal Environmental
Protection Agency; 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 drain system.
C.
Prohibition Of Illicit Connections.
1.
The
construction, use, maintenance or continued existence of illicit connections
to the storm drain system is prohibited.
2.
This
prohibition expressly 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.
3.
A person
is considered to be in violation of this Chapter if the person connects
a line conveying sewage to the MS4 or allows such a connection to
continue.
[Ord. No. 09-7363 §1, 11-24-2009]
A.
Suspension Due To Illicit Discharges In Emergency Situations. The City 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 City 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.
1.
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 City will notify a violator of the proposed
termination of its MS4 access. The violator may petition the City
for a reconsideration and hearing.
2.
A person
commits an offense if the person reinstates MS4 access to premises
terminated pursuant to this Section without the prior written approval
of the City.
[Ord. No. 09-7363 §1, 11-24-2009]
Any person subject to an industrial 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 City prior to the allowing of discharges
to the MS4.
[Ord. No. 09-7363 §1, 11-24-2009]
A.
Applicability. This Section applies to all facilities that
have stormwater discharges associated with industrial activity, including
construction activity.
B.
Access To Facilities.
1.
The
City 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 discharger has security measures
in force which require proper identification and clearance before
entry into its premises, the discharger shall make the necessary arrangements
to allow access to representatives of the City.
2.
Facility
operators shall allow the City 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
City shall have the right to set up on any permitted facility such
devices as are necessary, in the opinion of the City, to conduct monitoring
and/or sampling of the facility's stormwater discharge.
4.
The
City has the right to require the discharger 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 annually 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 City and shall
not be replaced. The costs of clearing such access shall be borne
by the operator.
6.
Unreasonable
delays in allowing the City access to a permitted facility is a violation
of a stormwater discharge permit and of this Chapter. 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 City reasonable access to the permitted facility for the
purpose of conducting any activity authorized or required by this
Chapter.
7.
If the
City 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 programs 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 City
may seek issuance of a search warrant from any court of competent
jurisdiction.
[Ord. No. 09-7363 §1, 11-24-2009]
The City will adopt requirements identifying Best Management
Practices for any activity, operation or facility which may cause
or contribute to pollution or contamination of stormwater, the storm
drain system or waters of the U.S. 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 drain system or watercourses through
the use of these structural and non-structural BMP. 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 BMP to prevent the
further discharge of pollutants to the municipal separate storm sewer
system. 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 compliant with
the provisions of this Section. These BMP shall be part of a Storm
Water Pollution Prevention Plan (SWPP) necessary for compliance with
requirements of the NPDES permit and a copy shall be maintained in
the stormwater manager's office at the Public Works Department.
[Ord. No. 09-7363 §1, 11-24-2009]
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.
[Ord. No. 09-7363 §1, 11-24-2009]
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 materials which are 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 City 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 City 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.
[Ord. No. 09-7363 §1, 11-24-2009]
A.
Notice Of Violation. Whenever the City finds that a person
has violated a prohibition or failed to meet a requirement of this
Chapter, the City may order compliance by written notice of violation
to the responsible person. Such notice may require without limitation:
1.
The
performance of monitoring, analyses and reporting;
2.
The
elimination of illicit connections or discharges;
3.
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 BMP.
B.
If abatement
of a violation and/or restoration of affected property are 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.
[Ord. No. 09-7363 §1, 11-24-2009]
Any person receiving a notice of violation may appeal the determination
of the City. The notice of appeal must be received within ten (10)
days from the date of the notice of violation. Hearing on the appeal
before the appropriate authority or his/her designee shall take place
within fifteen (15) days from the date of receipt of the notice of
appeal. The decision of the municipal authority or their designee
shall be final.
[Ord. No. 09-7363 §1, 11-24-2009]
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 thirty (30) days of the decision of the municipal authority
upholding the decision of the City, then representatives of the City
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.
[Ord. No. 09-7363 §1, 11-24-2009]
A.
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 municipal authority 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.
B.
Any person
violating any of the provisions of this Section shall become liable
to the City by reason of such violation.
[Ord. No. 09-7363 §1, 11-24-2009]
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 City 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.
[Ord. No. 09-7363 §1, 11-24-2009]
In lieu of enforcement proceedings, penalties and remedies authorized
by this Chapter, the City may impose upon a violator alternative compensatory
action such as storm drain stenciling, attendance at compliance workshops,
creek cleanup, etc.
[Ord. No. 09-7363 §1, 11-24-2009]
In addition to the enforcement processes and penalties provided,
any condition caused or permitted to exist, which is in violation
of any of the provisions of this Chapter and is a threat to public
health, safety and welfare and is declared and deemed a nuisance,
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.
[Ord. No. 09-7363 §1, 11-24-2009]
Any person that has violated or continues to violate this Chapter
shall be liable to criminal prosecution to the fullest extent of the
law. The City may recover all attorneys' fees, court costs and other
expenses associated with enforcement of this Chapter, including sampling
and monitoring expenses.
[Ord. No. 09-7363 §1, 11-24-2009]
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 City to seek cumulative
remedies.
