[Ord. No. 3123 §1, 12-2-2013]
A.
The purpose of this Chapter is to provide for the health, safety,
and general welfare of the citizens of Pleasant Valley 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 to:
1.
Regulate the contribution of pollutants to the municipal separate
storm sewer system (MS4) by stormwater discharges by any user.
2.
Prohibit illicit connections and discharges to the municipal
separate storm sewer system.
3.
Establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
Chapter.
[Ord. No. 3123 §2, 12-2-2013]
For the purposes of this Chapter, the following shall mean:
Employees or designees of the Director of the City of Pleasant
Valley or any agency 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.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) and any subsequent amendments thereto.
Activities subject to NPDES construction permits. Beginning
in March 2003, NPDES Stormwater Phase II permits will be required
for 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 Public Works of the City of Pleasant Valley,
Missouri, and his/her employees or designees.
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 501.060 of this Chapter.
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 the EPA [or by a state under authority
delegated pursuant to 33 U.S.C. § 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, ordnances, 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 man-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. 3123 §3, 12-2-2013]
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. 3123 §4, 12-2-2013]
The Director shall administer, implement, and enforce the provisions
of this Chapter. Any powers granted or duties imposed upon the authorized
enforcement agency may be delegated in writing by the Director of
the authorized enforcement agency to persons or entities acting in
the beneficial interest of or in the employ of the City of Pleasant
Valley or an authorized agency which regulates the discharge and control
of stormwater.
[Ord. No. 3123 §6, 12-2-2013]
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. 3123 §7, 12-2-2013]
A.
Prohibition Of Illegal Discharges.
1.
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.
2.
The commencement, conduct or continuance of any illegal discharge
to the storm drain system is prohibited except as described as follows:
a.
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 groundwater, groundwater infiltration to storm drains,
uncontaminated pumped groundwater, 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 wetland flows, swimming pools
[if de-chlorinated: typically less than one (1) PPM chlorine], firefighting
activities, and any other water source not containing pollutants.
b.
Discharges specified in writing by the authorized enforcement
agency as being necessary to protect public health and safety.
c.
Dye testing is an allowable discharge, but requires a verbal
notification to the authorized enforcement agency prior to the time
of the test.
d.
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. 3123 §8, 12-2-2013]
A.
Suspension due to Illicit Discharges in Emergency Situations. The authorized enforcement agency 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 authorized enforcement agency 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 his or her MS4 access 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 MS4 access.
The violator may petition the authorized enforcement agency for a
reconsideration and hearing. A person commits an offense if the person
reinstates MS4 access to premises terminated pursuant to this Section,
without the prior approval of the authorized enforcement agency.
[Ord. No. 3123 §9, 12-2-2013]
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 authorized enforcement agency prior to
the allowing of discharges to the MS4.
[Ord. No. 3123 §10, 12-2-2013]
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 authorized enforcement agency 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 authorized enforcement agency
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 authorized enforcement agency 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.
The authorized enforcement agency 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 authorized enforcement
agency and shall not be replaced. The costs of clearing such access
shall be borne by the operator.
6.
Unreasonable delays in allowing the authorized enforcement agency
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.
If the authorized enforcement agency 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 authorized enforcement agency may seek
issuance of a search warrant from any court of competent jurisdiction.
[Ord. No. 3123 §11, 12-2-2013]
The authorized enforcement agency 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 his
or her 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 premises,
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. 3123 §12, 12-2-2013]
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. 3123 §13, 12-2-2013]
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 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 authorized
enforcement agency 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. 3123 §14, 12-2-2013]
A.
Notice Of Violation. Whenever the authorized enforcement
agency finds that a person has violated a prohibition or failed to
meet a requirement of this Chapter, the authorized enforcement agency
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; and
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
are 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. 3123 §15, 12-2-2013]
Any person receiving a notice of violation may appeal the determination
of the authorized enforcement agency. The notice of appeal must be
received within ten (10) 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 municipal authority
or its designee shall be final.
[Ord. No. 3123 §16, 12-2-2013]
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,
the decision of the municipal authority upholding the decision of
the authorized enforcement agency, then representatives of the authorized
enforcement agency 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 government agency or designated contractor to enter upon
the premises for the purposes set forth above.
[Ord. No. 3123 §17, 12-2-2013]
A.
After abatement of the violation, the owner of the property will
be notified of the cost of abatement, including administrative costs.
The property owner may file a written protest objecting to the amount
of the assessment within ten (10) days. If the amount due is not paid
within a timely manner as determined by the decision of the municipal
authority or by the expiration of the time in which to file an appeal,
the charges shall become a special assessment against the property
and shall constitute a lien on the property for the amount of the
assessment.
B.
Any person violating any of the provisions of this Chapter 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 ten percent (10%) per annum shall be assessed on the
balance beginning thirty (30) days following discovery of the violation.
[Ord. No. 3123 §18, 12-2-2013]
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 authorized enforcement agency 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. 3123 §19, 12-2-2013]
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. 3123 §20, 12-2-2013]
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. 3123 §21, 12-2-2013]
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 criminal penalty not to exceed five
hundred dollars ($500.00) per violation per day and/or imprisonment
for a period of time not to exceed ninety (90) days.
B.
The authorized enforcement agency may recover all attorneys'
fees court costs and other expenses associated with enforcement of
this Chapter, including sampling and monitoring expenses (City of
Pleasant Valley Municipal Code 215.130).
[Ord. No. 3123 §22, 12-2-2013]
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.
