[R.O. 2004 § 216.010; Ord. No. 07-30 § 1, 12-11-2007]
This Chapter shall be known and may be cited as the City of Weldon Spring "Illicit Discharge Ordinance."
[R.O. 2004 § 216.020; Ord. No. 07-30 § 1, 12-11-2007]
This Chapter is adopted for the purposes of:
Protecting the public health, safety and welfare by controlling the discharge of pollutants into the stormwater conveyance system;
Promoting activities directed toward the maintenance and improvement of surface water and groundwater quality;
Satisfying the requirements imposed upon the City of Weldon Spring under its National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) discharge permit issued by the State; and
Establishing administration and enforcement procedures through which these purposes can be fulfilled.
The provisions of this regulation are supplemental to regulations administered by Federal and State Governments.
[R.O. 2004 § 216.030; Ord. No. 07-30 § 1, 12-11-2007]
- Municipal separate storm sewer system.
- National Pollutant Discharge Elimination System.
[R.O. 2004 § 216.040; Ord. No. 07-30 § 1, 12-11-2007]
As used in this Chapter, unless the context clearly indicates otherwise, the following definitions apply:
- ILLICIT DISCHARGE
- Any unlawful disposal, placement, emptying, dumping, spillage, leakage, pumping, pouring, emission or other discharge of any substance other than stormwater into a stormwater conveyance, the waters of the State or upon the land in such proximity to the same, such that the substance is likely to reach a stormwater conveyance or the waters of the State.
- ILLICIT DISCHARGE CONNECTION
- Any unlawful connection which allows the discharge of non- stormwater to the stormwater conveyance system or waters of the State in violation of this Chapter.
- MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
- A stormwater conveyance or unified stormwater conveyance system (including, without limitation, roads with drainage systems, municipal streets, catch basins, stormwater detention facilities, curbs, gutters, ditches, natural or man-made channels or storm drains) that:
- 1. Is located within the corporate limits of Weldon Spring, Missouri; and
- 2. Is owned or operated by the State, County, the City or other public body; and
- 3. Discharges to waters of the State, excluding publicly owned treatment works, and lawful connections thereto, which in turn discharge into the waters of the State.
- NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
- A permitting system established pursuant to Section 402 of the Clean Water Act et seq. Federal Law Reference: National Pollutant Discharge Elimination System Permits, 33 USC § 1342.
- Man-made or man-induced alteration of the chemical, physical, biological, thermal and/or radiological integrity of water.
- Any flow resulting from, and occurring during or following, any form of natural precipitation.
- STORMWATER CONVEYANCE OR STORMWATER CONVEYANCE SYSTEM
- Any feature, natural or man-made, that collects and transports stormwater, including, but not limited to, roads with drainage systems, streets, catch basins, curbs, gutters, ditches, man-made and natural channels, pipes, culverts and storm drains and any other natural or man-made feature or structure designed or used for collecting or conveying stormwater.
- WATERS OF THE STATE
- Surface waters within or flowing through the boundaries of the State, including the following: any intermittent or perennial stream, river, creek, brook, swamp, lake, sound, tidal estuary, bay, reservoir, wetland or any other surface water or any portion thereof that is mapped as solid or dashed blue lines on United States Department of the Interior Geological Survey seven-and-five-tenths-minute series topographic maps. Treatment systems, consisting of man-made bodies of water, which were not originally created in waters of the State and which are not the result of impoundment of waters of the State, are not waters of the State.
[R.O. 2004 § 216.050; Ord. No. 07-30 § 1, 12-11-2007]
This Chapter shall apply within the territorial jurisdiction of the City with the following exclusions:
Federal, State and local governments, including their agencies, unless intergovernmental agreements have been established giving the City enforcement authority.
[R.O. 2004 § 216.060; Ord. No. 07-30 § 1, 12-11-2007]
The objectives of this Chapter are to:
[R.O. 2004 § 216.070; Ord. No. 07-30 § 1, 12-11-2007; Ord. No. 08-18 § 1, 9-16-2008]
No person shall cause or allow the discharge, emission, disposal, pouring or pumping directly or indirectly to any stormwater conveyance, the waters of the City or State or upon the land in such proximity to the same (such that the substance is likely to reach a stormwater conveyance or the waters of the State), any fluid, solid, gas or other substance, other than stormwater; provided that non-stormwater discharges associated with the following activities are allowed so long as that they do not significantly impact water quality:
Filter backwash [three hundred (300) gallons or less] and draining of dechlorinated water associated with residential or commercial swimming pools. This shall apply to pools larger than three thousand (3,000) gallons.
Filter backwash and draining associated with raw water intake screening and filtering devices;
Condensate from residential or commercial air conditioning;
Residential vehicle washing;
Flushing and hydrostatic testing water associated with utility distribution systems;
Discharges associated with emergency removal and treatment activities for hazardous materials authorized by the Federal, State or local government on-scene coordinator;
Uncontaminated groundwater (including the collection or pumping of springs, wells or rising groundwater and groundwater generated by well construction or other construction activities);
Collected infiltrated stormwater from foundation or footing drains;
Collected groundwater and infiltrated stormwater from basement or crawl space sump pumps;
Irrigation water, provided that the discharge does not pose an environmental or health threat;
Street wash water;
Flows from firefighting;
Discharges from the pumping or draining of natural watercourses or water bodies as permitted by the Federal, State or local government;
Flushing and cleaning of stormwater conveyances with unmodified potable water;
Wash water from the cleaning of the exterior of buildings, including gutters, provided that the discharge does not pose an environmental or health threat; and
Other non-stormwater discharges for which a valid NPDES discharge permit has been approved and issued by Federal, State or local government, and provided that any such discharges to the municipal separate storm sewer system shall be authorized by the City.
Prohibited substances include, but are not limited to: oil, antifreeze, chemicals, cut grass or vegetation, animal waste, paints, construction debris, garbage and litter.
Connections to a stormwater conveyance or stormwater conveyance system which allow the discharge of non-stormwater, other than the exclusions described in Subsection (A) above, are unlawful. Prohibited connections include, but are not limited to: floor drains, wastewater from washing machines or sanitary sewers, wash water from commercial vehicle washing or steam cleaning and wastewater from septic systems.
Where such connections exist in violation and said connections were made prior to the adoption of this provision or any other ordinance prohibiting such connections, the property owner or the person using said connection shall remove the connection within one (1) year following application of this regulation; provided that, this grace period shall not apply to connections which may result in the discharge of hazardous materials or other discharges which pose an immediate threat to health and safety or are likely to result in immediate injury and harm to real or personal property, natural resources, wildlife or habitat.
Where it is determined that said connection:
May result in the discharge of hazardous materials or may pose an immediate threat to health and safety or is likely to result in immediate injury and harm to real or personal property, natural resources, wildlife or habitat, or
Was made in violation of any applicable regulation or ordinance, the City Administrator or his/her designee shall designate the time within which the connection shall be removed. In setting the time limit for compliance, the City shall take into consideration:
Spills. Spills or leaks of polluting substances discharged to or having the potential to be indirectly transported to the stormwater conveyance system shall be contained, controlled, collected and removed promptly. All affected areas shall be restored to their preexisting condition. Persons associated with the spill or leak shall immediately notify the City of Weldon Spring City Administrator or his/her designee of all spills or leaks of polluting substances. Notification shall not relieve any person of any expenses related to the restoration, loss, damage or any other liability which may be incurred as a result of said spill or leak, nor shall such notification relieve any person from other liability which may be imposed by Federal, State or other law.
[R.O. 2004 § 216.080; Ord. No. 07-30 § 1, 12-11-2007]
Authority To Enter. City personnel shall be permitted to enter upon public or private property for the purposes of observation, inspection, sampling, monitoring, testing, surveying and measuring compliance. Should the owner or occupant of any property refuse to permit such reasonable access, the City Administrator or his/her designee shall proceed to obtain an administrative search warrant pursuant to Missouri Statutes. No person shall obstruct, hamper or interfere with any such representative while carrying out his/her official duties.
Illicit Discharges Or Spills. Any designer, engineer, contractor, agent or any other person who allows, acts in concert, participates, directs or assists directly or indirectly in the creation of a violation of this Chapter shall be subject to penalties as follows:
For first-time offenders, if the quantity of the discharge is equal to or less than five (5) gallons and consists of domestic or household products in quantities considered ordinary for household purposes, said person shall be subject to a penalty not to exceed one hundred dollars ($100.00) per violation or per day for any continuing violation and if the quantity of the discharge is greater than five (5) gallons or contains non-domestic substances, including, but not limited to, processed wastewater, or if said person cannot provide clear and convincing evidence of the volume and nature of the substance discharged, said person may be assessed a fine in Municipal Court not to exceed five hundred dollars ($500.00) per violation or per day for any continuing violation.
Illicit Connections. Any person found with an illicit connection in violation of this Chapter and any designer, engineer, contractor, agent or any other person who allows, acts in concert, participates, directs or assists directly or indirectly in the establishment of an illicit connection in violation of this Chapter may be subject to fines up to five hundred dollars ($500.00) in Municipal Court for each day of violation.
Whenever the City Board of Aldermen has a reasonable cause to believe that any person is violating or threatening to violate this Chapter, rule, regulation, order duly adopted or issued pursuant to this Chapter or making a connection to a stormwater conveyance or stormwater conveyance system other than in accordance with the terms, conditions and provisions of approval, the City may, either before or after the institution of any other action or proceeding authorized by the Code, institute a civil action in the name of the City for injunctive relief to restrain and abate the violation or threatened violation.