[Ord. No. 640-A §1, 4-22-2004]
The terms used in this Chapter shall have the following meanings:
Activities, practices and procedures to prevent or reduce
the discharge of pollutants directly or indirectly to the municipal
storm drain system and waters of the United States. Best management
practices include, but are not limited to: treatment facilities to
remove pollutants from stormwater; operating and maintenance procedures;
facility management practices to control runoff, spillage or leaks
of non-stormwater, waste disposal and drainage from materials storage;
erosion and sediment control practices; and the prohibition of specific
activities, practices and procedures and such other provisions as
the City determines appropriate for the control of pollutants.
The City of Cottleville.
The Federal Water Pollution Control Act (33 U.S.C. Section
1251 et seq.) and any subsequent amendments thereto.
Activities subject to NPDES construction permits. These include
construction projects resulting in land disturbance of five (5) acres
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 510.060 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 a
government 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 the City.
Activities subject to NPDES industrial permits as defined
in 40 CFR Section 122.26 (b)(14).
General, group and individual stormwater discharge permits
which regulate facilities defined in Federal NPDES regulations pursuant
to Section 402 of the Clean Water Act.
Any discharge to the storm drain system that is not composed
entirely of stormwater.
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, articles 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
(including, but not limited to, sediments, slurries and concrete rinsates);
and noxious or offensive matter of any kind.
The human-made or human-induced alteration of the quality
of waters by waste to a degree which unreasonably affects or has the
potential to unreasonably affect either the waters for beneficial
uses or the facilities which serve these beneficial uses.
Any building, lot, parcel of land or portion of land whether
improved or unimproved including adjacent sidewalks and parking strips.
Publicly-owned facilities operated by the City 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 which are within the City and are not part
of a publicly-owned treatment works as defined at 40 CFR Section 122.2.
Any surface flow, runoff and drainage consisting entirely
of water from rainstorm events.
Surface watercourses and water bodies as defined at 40 CFR
Section 122.2 including all natural waterways and definite channels
and depressions in the earth that may carry water, even though such
waterways may only carry water during rains and storms and may not
carry stormwater at and during all times and seasons.
[Ord. No. 640-A §2, 4-22-2004]
This Chapter shall apply to all water entering the storm drain
system generated on any developed and undeveloped lands lying within
the City of Cottleville including any amendments or revisions thereto.
[Ord. No. 640-A §3, 4-22-2004]
The City Engineer of the City shall administer, implement and
enforce the provisions of this Chapter. Any powers granted or duties
imposed upon the City Engineer may be delegated in writing by the
City Engineer to persons or entities acting in the beneficial interest
of or in the employ of the City.
[Ord. No. 640-A §4, 4-22-2004]
A.
In
any instance in which the State Government or Federal Government modifies
an existing regulation or promulgates a new regulation which establishes
treatment, pretreatment or discharge standards or requirements for
new or existing users which are more stringent than those contained
in this Chapter, such State or Federal requirements shall, on the
effective date of the new regulations, supersede the less stringent
provisions of this Chapter and shall be fully enforceable under this
Chapter as if fully set out herein.
B.
In
any instance in which a State, Federal or local government agency
imposes restrictions or limitations on the use of or discharges to
any facilities regulated by this Chapter which are more stringent
than the provisions of this Chapter, such restrictions or limitations
shall take precedence within the jurisdictional area of the State,
Federal or local government agency.
[Ord. No. 640-A §5, 4-22-2004]
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
into waters of the United States caused by said person. This Chapter
shall not create liability on the part of the City of Cottleville
or any agent or employee thereof for any damages that result from
any discharger's reliance on this Chapter or any administrative decision
lawfully made thereunder.
[Ord. No. 640-A §6, 4-22-2004]
A.
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.
Discharges from the following activities will not be considered a
source of pollutants to the storm drain system and to waters of the
United States when properly managed to ensure that no potential pollutants
are present and therefore they shall not be considered illegal discharges
unless determined to cause a violation of the provisions of any State
law, the Clean Water Act or this Chapter: potable water line flushing;
uncontaminated pumped ground water and other discharges from potable
water sources; landscape irrigation and lawn watering; diverted stream
flows; rising ground water; ground water infiltration to the storm
drain system; uncontaminated foundation and footing drains; uncontaminated
water from crawl space pumps; air-conditioning condensation; uncontaminated
non-industrial roof drains; springs; individual residential and occasional
non-commercial car washing; flows from riparian habitats and wetlands;
dechlorinated swimming pool discharges; street wash waters; and flows
from fire fighting.
2.
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 by the State of Missouri 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 by the City of Cottleville
for any discharge to the storm drain system.
[Ord. No. 640-A §7, 4-22-2004]
A.
The
construction, use, maintenance or continued existence of illicit connections
to the storm drain system is prohibited.
B.
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.
[Ord. No. 640-A §8, 4-22-2004]
No person shall throw, deposit, leave, maintain, keep or permit
to be thrown, deposited, left or maintained, in or upon any public
or private property, driveway, parking area, street, alley, sidewalk,
component of the storm drain system or water of the United States
any refuse, rubbish, garbage, litter or other discarded or abandoned
objects, articles and accumulations so that the same may cause or
contribute to pollution. Wastes deposited in streets in proper waste
receptacles for the purposes of collection are exempted from this
prohibition.
[Ord. No. 640-A §9, 4-22-2004]
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 Engineer prior to or as a condition
of a subdivision map, site plan, building permit or development or
improvement plan; upon inspection of the facility; during any enforcement
proceeding or action; or for any other reasonable cause.
[Ord. No. 640-A §10, 4-22-2004]
A.
Authorization To Adopt And Impose Management Plans. Management
plans for the control of accidental discharges or slug discharges
shall be provided when required by State or Federal regulations.
B.
New Development And Redevelopment. The City may adopt requirements
identifying appropriate management plans to control the volume, rate
and potential pollutant load of stormwater runoff from new development
and redevelopment projects as may be appropriate to minimize the generation,
transport and discharge of pollutants. The City shall incorporate
such requirements in any land use entitlement and construction or
building-related permit to be issued relative to such development
or redevelopment. The owner and developer shall comply with the terms,
provisions and conditions of such land use entitlements and building
permits as required in this Chapter and the City stormwater utility
ordinance
C.
Responsibility To Implement Management Plans. Notwithstanding the presence or absence of requirements promulgated pursuant to Subsections (A) and (B), any person engaged in activities or operations or owning facilities or property which will or may result in pollutants entering stormwater, the storm drain system or waters of the United States shall implement management plans to the extent they are technologically achievable to prevent and reduce such pollutants. The owner or operator of a commercial or industrial establishment shall provide reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses. Facilities to prevent accidental discharge of prohibited materials or other wastes shall be provided and maintained at the owner or operator's expense.
[Ord. No. 640-A §11, 4-22-2004]
Notwithstanding the requirements of Section 510.180 herein, the City Engineer may require by written notice that a person responsible for an illegal discharge immediately, or by a specified date, discontinue the discharge and, if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future illegal discharges.
[Ord. No. 640-A §12, 4-22-2004]
A.
The
City Engineer may require by written notice that a person responsible
for an illicit connection to the storm drain system comply with the
requirements of this Chapter to eliminate or secure approval for the
connection by a specified date, regardless of whether or not the connection
or discharges to it had been established or approved prior to the
effective date of this Chapter.
B.
If,
subsequent to eliminating a connection found to be in violation of
this Chapter, the responsible person can demonstrate that an illegal
discharge will no longer occur, said person may request City approval
to reconnect. The reconnection or reinstallation of the connection
shall be at the responsible person's expense.
[Ord. No. 640-A §13, 4-22-2004]
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 reasonably 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. The owner or lessee shall not remove healthy bank vegetation
beyond that actually necessary for maintenance nor remove said vegetation
in such a manner as to increase the vulnerability of the watercourse
to erosion. The property owner shall be responsible for maintaining
and stabilizing that portion of the watercourse that is within their
property lines in order to protect against erosion and degradation
of the watercourse originating or contributed from their property.
[Ord. No. 640-A §14, 4-22-2004]
Whenever the City Engineer finds that a discharge of pollutants is taking place or has occurred which will result in or has resulted in pollution of stormwater, the storm drain system or water of the United States, the City Engineer may require by written notice to the owner of the property and/or the responsible person that the pollution be remediated and the affected property restored within a specified time pursuant to the provisions of Sections 510.200 through 510.230 below.
[Ord. No. 640-A §15, 4-22-2004]
The City Engineer may require by written notice of requirement
that any person engaged in any activity and/or owning or operating
any facility which may cause or contribute to stormwater pollution,
illegal discharges and/or non-stormwater discharges to the storm drain
system or waters of the United States to undertake at said person's
expense such monitoring and analyses and furnish such reports to the
City of Cottleville as deemed necessary to determine compliance with
this Chapter.
[Ord. No. 640-A §16, 4-22-2004]
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 from said facility,
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 a hazardous material, said person shall immediately notify emergency
response officials of the occurrence via emergency dispatch services
"911". In the event of a release of non-hazardous materials, said
person shall notify the City Engineer in person or by phone or facsimile
no later than 5:00 P.M. of the next business day. Notifications in
person or by phone shall be confirmed by written notice addressed
and mailed to the City Engineer 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. 640-A §17, 4-22-2004]
Whenever necessary to make an inspection to enforce any provision
of this Chapter or whenever the City Engineer has cause to believe
that there exists or potentially exists in or upon any premises any
condition which constitutes a violation of this Chapter, the City
Engineer may enter such premises at all reasonable times to inspect
the same and to inspect and copy records related to stormwater compliance.
In the event the owner or occupant refuses entry after a request to
enter and inspect has been made, the City is hereby empowered to seek
assistance from any court of competent jurisdiction in obtaining such
entry.
[Ord. No. 640-A §18, 4-22-2004]
During any inspection as provided herein, the City Engineer
may take any samples and perform any testing deemed necessary to aid
in the pursuit of the inquiry or to record site activities.
[Ord. No. 640-A §19, 4-22-2004]
A.
Whenever
the City Engineer finds that a person has violated a prohibition or
failed to meet a requirement of this Chapter, the City Engineer 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 management plans.
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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 the City or a contractor designated by the City Engineer and the expense thereof shall be charged to the violator pursuant to Section 510.220 below.
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[Ord. No. 640-A §20, 4-22-2004]
Notwithstanding the provisions of Section 510.240 below, any person receiving a notice of violation under Section 510.190 above may appeal the determination of the City Engineer to the Board of Aldermen. The notice of appeal must be received by the Board of Aldermen within five (5) days from the date of the notice of violation. Hearing on the appeal before the Board of Aldermen or his/her designee shall take place within fifteen (15) days from the date of City's receipt of the notice of appeal. The decision of the Board of Aldermen or designee shall be final.
[Ord. No. 640-A §21, 4-22-2004]
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 under Section 510.200 within ten (10) days of the decision of the Board of Aldermen upholding the decision of the City Engineer, then the City or a contractor designated by the City Engineer shall enter upon the subject private property and is 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 City or designated contractor to enter upon the premises for the purposes set forth above.
[Ord. No. 640-A §22, 4-22-2004]
Within thirty (30) days after abatement of the nuisance by City,
the City Engineer shall notify the property owner of the property
of the cost of abatement, including administrative costs. The property
owner may file a written protest objecting to the amount of the assessment
with the City Clerk within fifteen (15) days. The City Clerk shall
set the matter for public hearing by the Board of Aldermen. The decision
of the Board of Aldermen shall be set forth by resolution and shall
be final. If the amount due is not paid within ten (10) days of the
decision of the Board of Aldermen or the expiration of the time in
which to file an appeal under this Section, the charges shall become
a special assessment against the property and shall constitute a lien
on the property for the amount of the assessment. A copy of the resolution
shall be turned over to the County Assessor so that the Assessor may
enter the amounts of the assessment against the parcel as it appears
on the current assessment roll and the tax Collector shall include
the amount of the assessment on the bill for taxes levied against
the parcel of land.
[Ord. No. 640-A §23, 4-22-2004]
The City Engineer is authorized to require immediate abatement
of any violation of this Chapter that constitutes an immediate threat
to the health, safety or well-being of the public. If any such violation
is not abated immediately as directed by the City Engineer, the City
of Cottleville is authorized to enter onto private property and to
take any and all measures required to remediate the violation. Any
expense related to such remediation undertaken by the City of Cottleville
shall be fully reimbursed by the property owner and/or responsible
party. Any relief obtained under this Section shall not prevent City
from seeking other and further relief authorized under this Chapter.
[Ord. No. 640-A §24, 4-22-2004]
It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this Chapter. Any
person found guilty of a failure to comply with any of the requirements
of this Chapter shall be guilty of a misdemeanor punishable by a fine
of not more than five hundred dollars ($500.00) or imprisonment for
a period of not more than ninety (90) days. Each day in which any
such violation shall continue shall be deemed a separate offense.
[Ord. No. 640-A §25, 4-22-2004]
In lieu of enforcement proceedings, penalties and remedies authorized
by this Chapter, the City Engineer may impose upon a violator alternative
compensatory actions, such as storm drain stenciling, attendance at
compliance workshops, creek cleanup, etc.
[Ord. No. 640-A §26, 4-22-2004]
In addition to the enforcement processes and penalties hereinbefore
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 by the City at the violator's expense
and/or a civil action to abate, enjoin or otherwise compel the cessation
of such nuisance may be taken by the City.
[Ord. No. 640-A §27, 4-22-2004]
Any person who violates any provision of this Chapter or any
provision of any requirement issued pursuant to this Chapter may also
be in violation of the Clean Water Act and/or State law and may be
subject to the sanctions of those acts including civil and criminal
penalties. Any enforcement action authorized under this Chapter shall
also include written notice to the violator of such potential liability.
