[Ord. No. 5127 § 1, 12-18-2008]
A.
The purpose
of this Chapter is to provide for the health, safety, and general
welfare of the citizens of St. Peters 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. 5127 § 1, 12-18-2008]
For the purposes of this Chapter, the following shall mean:
The City of St. Peters or other political subdivisions of
the State of Missouri authorized to regulate the discharge or control
of stormwater.
Schedules of activities, prohibitions of practices, general
good house keeping 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.
The Federal Water Pollution Control Act (33 U.S.C., 1251
et seq.), and any subsequent amendments thereto.
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.
Manager of Public Works Services of the City of St. Peters
or designee.
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 720.070.
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 of St. Peters; 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 of St. Peters.
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, 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.
Means 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.
Any surface flow, runoff, and drainage consisting entirely
of water from any form of natural precipitation, and resulting from
such precipitation.
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 by 10 CSR 20-2.010, as amended.
[Ord. No. 5127 § 1, 12-18-2008]
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 of St. Peters.
[Ord. No. 5127 § 1, 12-18-2008]
The Director shall administer, implement, and enforce the provisions
of this Chapter.
[Ord. No. 5127 § 1, 12-18-2008]
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. 5127 § 1, 12-18-2008]
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. 5127 § 1, 12-18-2008]
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.
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
groundwater 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.
Discharges
specified in writing by the Director as being necessary to protect
public health and safety.
3.
Dye
testing is an allowable discharge, but requires a verbal notification
to the Director prior to the time of the test.
4.
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 the storm drain system.
B.
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. 5127 § 1, 12-18-2008]
A.
Suspension Due To Illicit Discharges In Emergency Situations. The Director may, without prior notice, suspend stormwater drainage
system 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 stormwater drainage system or 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 to the Waters of the United States, or to minimize danger
to persons.
B.
Suspension Due To The Detection Of Illicit Discharge. Any
person discharging to the stormwater drainage system in violation
of this Chapter may have their stormwater drainage system access terminated
if such termination would abate or reduce an illicit discharge. The
Director will notify a violator of the proposed termination of its
stormwater drainage system access. The violator may petition the Director
for a reconsideration and hearing.
C.
A person
commits an offense if the person reinstates stormwater drainage system
access to premises terminated pursuant to this Section, without the
prior approval of the Director.
[Ord. No. 5127 § 1, 12-18-2008]
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 the stormwater drainage system.
[Ord. No. 5127 § 1, 12-18-2008]
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
Director 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 Director.
2.
Facility
operators shall allow the Director 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
Director shall have the right to set up on any permitted facility
such devices, as are necessary to conduct monitoring and/or sampling
of the facility's stormwater discharge.
4.
The
Director 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 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 Director and
shall not be replaced. The costs of clearing such access shall be
borne by the operator.
6.
Unreasonable
delays in allowing the Director 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 Director reasonable access to the
permitted facility for the purpose of conducting any activity authorized
or required by this Chapter.
7.
If the
Director 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 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 Director
may seek issuance of a search warrant from any court of competent
jurisdiction.
[Ord. No. 5127 § 1, 12-18-2008]
The City of St. Peters will adopt requirements identifying Best
Management Practices for any activity, operation, or facility, which
may cause or contribute to pollution or contamination of storm water,
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
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 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 compliance with the provisions of this Section. These
BMPs shall be part of a stormwater pollution prevention plan (SWPP)
as necessary for compliance with requirements of the NPDES permit.
[Ord. No. 5127 § 1, 12-18-2008]
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. 5127 § 1, 12-18-2008]
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 U.S. 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 Director
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 of St. Peters 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. 5127 § 1, 12-18-2008]
A.
Notice Of Violation. Whenever the Director finds that a
person has violated a prohibition or failed to meet a requirement
of this Chapter, the Director 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.
That
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 BMPs.
B.
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.
[Ord. No. 5127 § 1, 12-18-2008]
Any person receiving a Notice of Violation may appeal the determination
of the Director. 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 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 Director or their designee shall
be final.
[Ord. No. 5127 § 1, 12-18-2008]
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 upholding
the appealed decision of the Director, then the Director 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 designated contractor
to enter upon the premises for the purposes set forth above.
[Ord. No. 5127 § 1, 12-18-2008]
Within sixty (60) days after abatement of the violation, the
owner of the property will be notified of the cost of abatement, including
administrative costs. If the amount due is not paid within a timely
manner as determined by the charges shall become a special assessment
against the property and shall constitute a lien on the property for
the amount of the assessment. Any person violating any of the provisions
of this Article shall become liable to the City by reason of such
violation. The liability shall be paid in not more than twelve (12)
equal payments. Interest at the rate of 1.5 percent per annum shall
be assessed on the balance beginning on the 30th day following
discovery of the violation.
[Ord. No. 5127 § 1, 12-18-2008]
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.
In lieu of enforcement proceedings, penalties, and remedies
authorized by this Chapter, the Director may impose upon a violator
alternative compensatory actions, such as storm drain stenciling,
attendance at compliance workshops, creek cleanup, etc.
[Ord. No. 5127 § 1, 12-18-2008]
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. 5127 § 1, 12-18-2008]
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 five hundred dollars
($500.00) per violation per day and/or imprisonment for a period of
time not to exceed thirty (30) days. The City of St. Peters may recover
all attorney's fees, court costs and other expenses associated with
enforcement of this Chapter, including sampling and monitoring expenses.
[Ord. No. 5127 § 1, 12-18-2008]
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 Director to seek cumulative
remedies.
