[Ord. No. 09-038 §1, 10-19-2009]
A.
The
purpose of this Chapter is to provide for the health, safety and general
welfare of the citizens of the City of Ozark 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;
3.
To establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
Chapter.
[Ord. No. 09-038 §1, 10-19-2009]
For the purposes of this Chapter, the following words or phrases
shall mean:
Employees or designees of the Department of Public Works.
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.
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.
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 430.070(A) 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 an
authorized enforcement agency, 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 an authorized enforcement
agency.
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.
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.
Facilities by which stormwater is collected and/or conveyed,
including, but not limited to, any roads with drainage systems, 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, other than uncontaminated stormwater,
discharged from a facility.
[Ord. No. 09-038 §1, 10-19-2009]
This Chapter shall apply to all water entering the storm drain
system generated on any developed and undeveloped lands unless explicitly
exempted by an authorized enforcement agency.
[Ord. No. 09-038 §1, 10-19-2009]
The Department of Public Works shall administer, implement and
enforce the provisions of this Chapter. Any powers granted or duties
imposed upon the Department of Public Works may be delegated in writing
by the Director of the department to persons or entities acting in
the beneficial interest of or in the employ of the Department of Public
Works.
[Ord. No. 09-038 §1, 10-19-2009]
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. 09-038 §1, 10-19-2009]
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. 09-038 §1, 10-19-2009]
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.
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 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 Department of Public Works
as being necessary to protect public health and safety.
3.
Dye testing is an allowable discharge, but requires a verbal notification
to the Department of Public Works 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. 09-038 §1, 10-19-2009]
A.
Suspension Due To Illicit Discharges In Emergency Situations. The Department of Public Works 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 Department of Public Works 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. 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 Department of Public Works will notify a
violator of the proposed termination of its MS4 access. The violator
may petition the Department of Public Works for a reconsideration
and hearing.
C.
Offense Committed. A person commits an offense if the person
reinstates MS4 access to premises terminated pursuant to this Section
without the prior approval of the Department of Public Works.
[Ord. No. 09-038 §1, 10-19-2009]
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 Department of Public Works prior to the
allowing of discharges to the MS4.
[Ord. No. 09-038 §1, 10-19-2009]
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 Department of Public Works 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.
Facility operators shall allow the Department of Public Works 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 Department of Public Works shall have the right to set up on
any permitted facility such devices as are necessary in the opinion
of the department to conduct monitoring and/or sampling of the facility's
stormwater discharge.
4.
The Department of Public Works 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 Department of
Public Works and shall not be replaced. The costs of clearing such
access shall be borne by the operator.
6.
Unreasonable delays in allowing the Department of Public Works 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 Department of
Public Works reasonable access to the permitted facility for the purpose
of conducting any activity authorized or required by this Chapter.
7.
If the Department of Public Works 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 Department of Public Works may seek issuance of
a search warrant from the Christian County Circuit Court.
[Ord. No. 09-038 §1, 10-19-2009]
The Department of Public Works 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
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 Storm Water Pollution Prevention Plan (SWPPP) as necessary
for compliance with requirements of the NPDES permit.
[Ord. No. 09-038 §1, 10-19-2009]
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. 09-038 §1, 10-19-2009]
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 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 Department
of Public Works 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 Department of Public
Works 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. 09-038 §1, 10-19-2009]
A.
Whenever
the Department of Public Works finds that a person has violated a
prohibition or failed to meet a requirement of this Chapter, the department
may order compliance by written notice of violation to the responsible
person. Such notice may require, without limitation, any or all of
the following:
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 sum of money equivalent to the administrative and remediation
costs;
6.
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 violator may be prosecuted for a violation
of this Section, the City may seek injunctive relief or the work may
be done by the Department of Public Works or a contractor and the
expense thereof shall be charged to the violator; all at the discretion
of the Director.
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[Ord. No. 09-038 §1, 10-19-2009]
If the violation has not been corrected pursuant to the requirements
set forth in the notice of violation, then representatives of the
Department of Public Works may 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 Department of Public Works or designated contractor
to enter upon the premises for the purposes set forth above.
[Ord. No. 09-038 §1, 10-19-2009]
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. If the amount due is not paid within thirty
(30) days after notification of costs, the charges shall become a
special assessment against the property and shall constitute a lien
on the property for the amount of the assessment.
[Ord. No. 09-038 §1, 10-19-2009]
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. 09-038 §1, 10-19-2009]
In addition to the enforcement processes and penalties provided
herein, 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. 09-038 §1, 10-19-2009]
A.
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 penalty of no more than five hundred dollars
($500.00) per violation per day and/or imprisonment for a period of
time not to exceed ninety (90) days per violation per day.
B.
The
City of Ozark may recover all attorneys' fees, court costs (fines
or penalties assessed against the City by the Missouri Department
of Natural Resources) and other expenses associated with enforcement
of this Chapter, including sampling and monitoring expenses.
[Ord. No. 09-038 §1, 10-19-2009]
The remedies listed in this Chapter are not exclusive of any
other remedies available under any applicable Federal or State law
and it is within the discretion of the City to seek cumulative remedies.
