[Ord. No. 07-159 §1, 11-27-2007]
A.Â
The purpose
of this Chapter is to provide for the health, safety and general welfare
of the citizens of unincorporated St. Charles County through the regulation
of non-stormwater discharges to a stormwater drainage system to the
maximum extent practicable as required by Federal and State law. Specifically,
this Chapter establishes methods for controlling the introduction
of pollutants into the stormwater drainage system in order to comply
with requirements of the National Pollutant Discharge Elimination
System (NPDES) permit process. The objectives of this Chapter are:
1.Â
To regulate
the contribution of pollutants to stormwater drainage systems due
to stormwater discharges by any user;
2.Â
To prohibit
illicit connections and discharges to stormwater drainage systems;
and
3.Â
To establish
legal authority to carry out all inspection, surveillance and monitoring
procedures necessary to ensure compliance with this Chapter.
[Ord. No. 07-159 §2, 11-27-2007; Ord. No. 08-033 §§2—3, 4-4-2008]
For the purposes of this Chapter, the following terms shall
mean:
The Director of Community Development for St. Charles County
or his or her designee or an agency or other political subdivision
of the State of Missouri authorized to regulate the discharge or control
of stormwater.
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.
Activities subject to NPDES construction permits. These include
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.
The Director of Community Development of St. Charles County,
Missouri.
Any material, including any substance, waste or combination
thereof, which is defined as a hazardous substance by the Administrator
of the United States Environmental Protection Agency pursuant to 33
USC Section 1321(b)(2)(A), as amended, of the Clean Water Act, in
40 CFR Sections 117.1 to 117.3 and 302.1 to 302.4 and its Appendices
A and B.
Any direct or indirect non-stormwater discharge to stormwater drainage systems, except as exempted in Section 422.070 of this Chapter.
Either of the following:
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter stormwater drainage systems
including, but not limited to, any conveyances which allow any non-stormwater
discharge including sewage, process wastewater and wash water to enter
stormwater drainage systems and any connections to such systems from
indoor drains and sinks, regardless of whether said drain or connection
had been previously allowed, permitted or approved by St. Charles
County; or
Any drain or conveyance connected from a commercial or industrial
land use to a stormwater drainage system which has not been documented
in plans, maps or equivalent records and approved by St. Charles County.
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 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 a stormwater drainage 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.
Any thing which causes or contributes to pollution including,
but 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 or accumulations; floatables; pesticides, herbicides and fertilizers;
hazardous materials; 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 walks and parking areas.
Any surface flow, runoff and drainage consisting entirely
of water from any form of natural precipitation and resulting from
such precipitation.
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 water or other liquid discharged from a facility that
is "wastewater" as defined in 10 CSR 20-2.010, as amended.
[Ord. No. 07-159 §3, 11-27-2007]
This Chapter shall apply to all water entering stormwater drainage
systems generated on any developed and undeveloped lands unless explicitly
exempted by St. Charles County.
[Ord. No. 07-159 §4, 11-27-2007]
The Director or his or her designee shall administer, implement
and enforce the provisions of this Chapter.
[Ord. No. 07-159 §5, 11-27-2007]
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. 07-159 §6, 11-27-2007]
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.
[Ord. No. 07-159 §7, 11-27-2007]
A.Â
Prohibition Of Illegal Discharges. No person shall discharge
or cause to be discharged into stormwater drainage systems 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 stormwater
drainage systems or watercourses is prohibited except as described
as follows:
1.Â
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 stormwater drainage systems,
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 wet-land flows, swimming pools
(if dechlorinated—typically less than one (1) PPM chlorine),
fire-fighting activities and any other water source not containing
pollutants.
2.Â
Discharges
specified in writing by the Director or another authorized enforcement
agency as being necessary to protect public health and safety.
3.Â
Dye
testing is an allowable discharge, but requires a verbal notification
to St. Charles County prior to the time of the test.
4.Â
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 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 stormwater drainage systems.
B.Â
Prohibition Of Illicit Connections.
1.Â
The
construction, use, maintenance or continued existence of illicit connections
to the storm drain system is prohibited.
2.Â
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.Â
A person
is considered to be in violation of this Chapter if the person connects
a line conveying sewage to stormwater drainage systems or allows such
a connection to continue.
[Ord. No. 07-159 §8, 11-27-2007]
A.Â
Suspension Due To Illicit Discharges In Emergency Situations. The Director may, without prior notice, suspend discharge access
to stormwater drainage systems by any 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 stormwater drainage systems
or to waters of the United States. If the violator fails to comply
with a suspension order issued in an emergency, the Director may take
such steps as deemed necessary to prevent or minimize damage to the
stormwater drainage system or waters of the United States or to minimize
danger to persons.
B.Â
Suspension Due To The Detection Of Illicit Discharge. Any
person discharging to stormwater drainage systems in violation of
this Chapter may have their access to such systems 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 access to a stormwater drainage system. The violator may petition
the authorized enforcement agency for a reconsideration and hearing.
C.Â
A person
commits an offense if the person reinstates access to a stormwater
drainage system for premises terminated pursuant to this Section,
without the prior approval of the authorized enforcement agency.
[Ord. No. 07-159 §9, 11-27-2007]
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 Director prior to the allowing of discharges
to stormwater drainage systems.
[Ord. No. 07-159 §10, 11-27-2007]
A.Â
Applicability. This Section applies to all facilities that
have stormwater discharges associated with industrial activity, including
construction activity.
B.Â
Access To Facilities.
1.Â
The
Director or his or her designees, including inspectors within St.
Charles County's Department of Community Development, 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 authorized enforcement agency.
2.Â
Facility
operators shall allow the Director or his or her designees, including
inspectors within St. Charles County's Department of Community Development,
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.Â
The
Director or his or her designees, including inspectors within St.
Charles County's Department of Community Development, 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.Â
The
Director or his or her designees, including inspectors within St.
Charles County's Department of Community Development, have 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 to ensure their accuracy.
5.Â
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 Director or
his or her designees, including inspectors within St. Charles County's
Department of Community Development, and shall not be replaced. The
costs of clearing such access shall be borne by the operator.
6.Â
Unreasonable
delays in allowing the Director or his or her designees, including
inspectors within St. Charles County's Department of Community Development,
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 authorized enforcement
agency reasonable access to the permitted facility for the purpose
of conducting any activity authorized or required by this Chapter.
7.Â
If the
Director or his or her designees, including inspectors within St.
Charles County's Department of Community Development, have 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.
[Ord. No. 07-159 §11, 11-27-2007; Ord. No. 08-033 §4, 4-4-2008]
St. Charles County 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,
of stormwater drainage systems or of 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 drain system or watercourses through the use of these structural
and non-structural BMPs. Further, any person responsible for a property
or premise, 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 stormwater drainage systems. 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 (SWPPP)
as necessary for compliance with requirements of the NPDES permit.
[Ord. No. 07-159 §12, 11-27-2007]
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. 07-159 §13, 11-27-2007]
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, stormwater
drainage systems or waters 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 enforcement 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 Director or his or her designee 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. 07-159 §14, 11-27-2007; Ord. No. 08-033 §5, 4-4-2008]
A.Â
Whenever
the Director or his or her designees, including inspectors within
St. Charles County's Department of Community Development, find that
a person has violated a prohibition or failed to meet a requirement
of this Chapter, the Director or his or her designee may order compliance
by written notice of violation to the responsible person. Such notice
may require without limitation:
1.Â
The
performance of monitoring, analyses and reporting;
2.Â
The
elimination of illicit connections or discharges;
3.Â
That
violating discharges, practices or operations shall cease and desist;
4.Â
The
abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property; and
5.Â
Payment
of a fine to cover administrative and remediation costs; and
6.Â
The
implementation of source control or treatment BMPs.
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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.
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[Ord. No. 07-159 §15, 11-27-2007]
Any person receiving a notice of violation may appeal the determination
of the Director or his or her designee. The notice of appeal must
be received within fifteen (15) days from the date of the notice of
violation. Hearing on the appeal before the Director or his or her
designee shall take place within fifteen (15) days from the date of
receipt of the notice of appeal. The decision of the Director or his
or her designee shall be final.
[Ord. No. 07-159 §16, 11-27-2007]
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 fifteen (15) days of the decision of the Director or his or
her designee upholding the appealed decision, then the Director or
his or her designees or representatives or contractors 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 Director or his or her designees
or representatives or contractors to enter upon the premises for the
purposes set forth above.
[Ord. No. 07-159 §17, 11-27-2007]
Within sixty (60) days after abatement of the violation, the
owner of the property will be notified of the costs of abatement,
including all necessary inspections and administrative costs. If the
amount due to the County for its abatement of the violation is not
paid within a timely manner as determined by the decision of the Director
or his or her designee, the Director shall certify the above costs
to the St. Charles County Director of Finance. The St. Charles County
Director of Finance shall prepare and issue to the owners of the property
in violation a special tax bill against the property for those costs,
payable within thirty (30) days of issuance. Each such special tax
bill shall include a notice of lien stating that if the bill is not
paid when due, it shall become, from the date of its issuance,[1]a first (1st) lien on the property until paid, to be collected
by the St. Charles County Collector of Revenue in the same way as
property taxes are collected. Each such special tax bill shall be
prima facie evidence of the recitals therein and of its validity,
and no mere clerical error or informality in the tax bill or the proceedings
leading up to its issuance shall be a defense thereto. The St. Charles
County Director of Finance shall deliver each such special tax bill
that remains unpaid after payment is due to the St. Charles County
Collector of Revenue on or before the first (1st) day of June of each
year, to be collected with property taxes as provided above.
[1]
Note—The words "the tax bill shall be" were deleted
from the original text.
[Ord. No. 07-159 §18, 11-27-2007; Ord. No. 08-033 §6, 4-4-2008]
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 Director 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. 07-159 §19, 11-27-2007]
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.
[Ord. No. 07-159 §20, 11-27-2007]
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.
[Ord. No. 07-159 §21, 11-27-2007]
A.Â
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 a criminal penalty of one thousand dollars ($1,000.00)
per violation per day and/or imprisonment for a period of time not
to exceed one (1) year per violation per day.
B.Â
The Director
may recover all attorney's fees, court costs and other expenses associated
with enforcement of this Chapter, including sampling and monitoring
expenses.
[Ord. No. 07-159 §22, 11-27-2007]
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.
[Ord. No. 07-159 §23, 11-27-2007]
Enforcement of this Chapter shall be the responsibility of the
County Counselor.
