City of Dardenne Prairie, MO
St. Charles County
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Table of Contents
Table of Contents
[Ord. No. 1635 §1, 7-5-2012]
A. 
The purpose of this Chapter is to provide for the health, safety and general welfare of the citizens of the City of Dardenne Prairie through the regulation of non-stormwater discharges to a stormwater drainage system to the maximum extent practicable as required by Federal and State law. Specifically, this Chapter establishes methods for controlling the introduction of pollutants into the stormwater drainage system 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 publicly-owned stormwater drainage systems due to stormwater discharges by any user;
2. 
To prohibit illicit connections and discharges to publicly-owned stormwater drainage systems; and
3. 
To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this Chapter.
[Ord. No. 1635 §1, 7-5-2012]
For the purposes of this Chapter, the following terms shall mean:
AUTHORIZED ENFORCEMENT AGENCY
The City Administrator of the City of Dardenne Prairie or his or her designee or an agency or other political subdivision of the State of Missouri authorized to regulate the discharge or control of stormwater.
BEST MANAGEMENT PRACTICES (BMPs)
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.
CITY ADMINISTRATOR
The City Administrator of the City of Dardenne Prairie, Missouri, or his/her designee.
CODE
The Municipal Code of the City of Dardenne Prairie, Missouri.
CONSTRUCTION ACTIVITY
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.
HAZARDOUS MATERIALS
Any material, including any substance, waste or combination thereof, which is defined as a hazardous substance by the Administrator of the United States Environmental Protection Agency pursuant to 33 USC Section 1321(b)(2)(A), as amended, of the Clean Water Act, in 40 CFR Sections 117.1 to 117.3 and 302.1 to 302.4 and its Appendices A and B.
ILLEGAL DISCHARGE
Any direct or indirect non-stormwater discharge to stormwater drainage systems, except as exempted in Section 422.070 of this Chapter.
ILLICIT CONNECTIONS
Either of the following:
1. 
Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter stormwater drainage systems including, but not limited to, any conveyances which allow any non-stormwater discharge including sewage, process wastewater and wash water to enter stormwater drainage systems and any connections to such systems from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted or approved by the City of Dardenne Prairie; or
2. 
Any drain or conveyance connected to a stormwater drainage system which has not been documented in plans, maps or equivalent records and approved by the City of Dardenne Prairie.
INDUSTRIAL ACTIVITY
Activities subject to NPDES industrial permits as defined in 40 CFR Section 122.26 (b)(14).
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT
A permit issued by EPA (or by a State under authority delegated pursuant to 33 U.S.C. Section 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.
NON-STORMWATER DISCHARGE
Any discharge to a stormwater drainage system that is not composed entirely of stormwater.
PERSON
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.
POLLUTANT
Anything which causes or contributes to pollution including, but 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 or accumulations; floatables; pesticides, herbicides and fertilizers; hazardous materials; 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.
PREMISES
Any building, lot, parcel of land or portion of land whether improved or unimproved including adjacent walks and parking areas.
STORMWATER
Any surface flow, runoff and drainage consisting entirely of water from any form of natural precipitation and resulting from such precipitation.
STORMWATER DRAINAGE SYSTEM
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.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
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.
WASTEWATER
Any water or other liquid discharged from a facility that is wastewater as defined in 10 CSR 20-2.010, as amended.
WATERS OF THE UNITED STATES
All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the State or any portion thereof.
[Ord. No. 1635 §1, 7-5-2012]
This Chapter shall apply to all water entering stormwater drainage systems generated on any developed and undeveloped lands unless explicitly exempted by the City of Dardenne Prairie.
[Ord. No. 1635 §1, 7-5-2012]
The City Administrator shall administer, implement and enforce the provisions of this Chapter. Any powers granted to or duties imposed upon the City Administrator may be delegated by the City Administrator to a duly authorized City employee.
[Ord. No. 1635 §1, 7-5-2012]
The standards set forth herein and promulgated pursuant to this Chapter are minimum standards; therefore this Chapter does not intend or imply that compliance by any person will ensure that there will be no contamination, pollution or unauthorized discharge of pollutants.
[Ord. No. 1635 §1, 7-5-2012]
A. 
Prohibition Of Illegal Discharges. No person shall discharge or cause to be discharged into stormwater drainage systems 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 stormwater drainage systems or watercourses 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 stormwater drainage systems, uncontaminated pumped ground water, foundation or footing drains (not including active ground water de-watering 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 City Administrator or another authorized enforcement agency as being necessary to protect public health and safety.
3. 
Dye testing is an allowable discharge, but requires a verbal notification to the City of Dardenne Prairie City Engineer 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 stormwater drainage systems.
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 stormwater drainage systems or allows such a connection to continue.
[Ord. No. 1635 §1, 7-5-2012]
A. 
Suspension Due To Illicit Discharges In Emergency Situations. The City Administrator may, without prior notice, suspend discharge access to stormwater drainage systems by any 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 stormwater drainage systems or to waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the City Administrator may take such steps as deemed necessary to prevent or minimize damage to the stormwater drainage system 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 stormwater drainage systems in violation of this Chapter may have their access to such systems 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 access to a stormwater drainage system. The violator may petition the authorized enforcement agency for a reconsideration and hearing.
C. 
A person commits an offense if the person reinstates access to a stormwater drainage system for premises terminated pursuant to this Section without the prior approval of the authorized enforcement agency.
[Ord. No. 1635 §1, 7-5-2012]
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 Administrator prior to the allowing of discharges to stormwater drainage systems.
[Ord. No. 1635 §1, 7-5-2012]
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 City Administrator shall have the right 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 with its security guards so that, upon presentation of suitable identification, the City Administrator shall be permitted to enter without delay for the purposes of performing specific responsibilities.
2. 
Facility operators shall allow the City Administrator 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 City Administrator 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 City Administrator shall have 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 City Administrator and shall not be replaced. The costs of clearing such access shall be borne by the operator.
6. 
Unreasonable delays in allowing the City Administrator access to a permitted facility is a violation of a stormwater discharge permit and of this Chapter.
7. 
If the City Administrator 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 the Circuit Court of St. Charles County of the State of Missouri, or any other court of competent jurisdiction.
[Ord. No. 1635 §1, 7-5-2012]
City of Dardenne Prairie will adopt requirements identifying Best Management Practices (BMPs) for any activity, operation or facility which may cause or contribute to pollution or contamination of stormwater, of stormwater drainage systems or of waters of the United States. 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 stormwater drainage systems. 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 (SWPPP) as necessary for compliance with requirements of the NPDES permit.
[Ord. No. 1635 §1, 7-5-2012]
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. 1635 §1, 7-5-2012]
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, stormwater drainage systems or waters of the United States, 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 City Administrator 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 City of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three (3) years.
[Ord. No. 1635 §1, 7-5-2012]
A. 
Whenever the City Administrator finds that a person has violated a prohibition or failed to meet a requirement of this Chapter, the City Administrator 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 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. 1635 §1, 7-5-2012]
A. 
The City Administrator may order any person who has violated, or continues to violate, any provision of this Chapter or order issued hereunder to appear before the City Administrator and show cause why the proposed enforcement action should not be taken. Notice shall be served on the person specifying the time and place for the hearing, the proposed enforcement action, the reasons for such action, and a request that the person show cause why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days prior to the hearing. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against such person violating the provisions of this Chapter.
B. 
The Board of Aldermen may itself conduct the hearing and take the evidence, or may designate the City Administrator to:
1. 
Issue in the name of the Board of Aldermen notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;
2. 
Take the evidence; and
3. 
Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Board of Aldermen for action thereon.
C. 
At any hearing held pursuant to this Chapter, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.
[Ord. No. 1635 §1, 7-5-2012]
When the City Administrator finds that a person has violated, or continues to violate, any provision of this Chapter, the City Administrator may issue an order to such person responsible for the discharge directing that the person come into compliance within a specified time. If the person does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the non-compliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order does not relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against such person.
[Ord. No. 1635 §1, 7-5-2012]
A. 
When the City Administrator finds that a person has violated, or continues to violate, any provision of this Chapter, or that such person's past violations are likely to recur, the City Administrator may issue an order to that person directing him/her to cease and desist all such violations and directing such person to:
1. 
Immediately comply with all requirements; and
2. 
Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.
[Ord. No. 1635 §1, 7-5-2012]
A. 
Any person in violation of the provisions of this Chapter may be prosecuted therefor, and, upon conviction, be subject to a fine in an amount not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). Each day such violation continues shall constitute a separate offense.
B. 
Issuance of a fine under this Section shall not be a bar against, or a prerequisite for, taking any other action against a person pursuant to this Chapter.
[Ord. No. 1635 §1, 7-5-2012]
When the City Administrator finds that a person has violated, or continues to violate, any provision of this Chapter, the City Administrator may petition the Circuit Court of St. Charles County through the City's Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the individual wastewater discharge permit, order, or other requirement imposed by this Chapter on activities of the person. The City Administrator may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the person to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a pre-requisite for, taking any other action against a person.
[Ord. No. 1635 §1, 7-5-2012]
The remedies provided for in this Chapter are not exclusive. The City Administrator may take any, all, or any combination of these actions against a non-compliant person. Enforcement of violations of this Chapter will generally be in accordance with the City's enforcement response plan. However, the City Administrator may take other action against any person when the circumstances warrant. Further, the City Administrator is empowered to take more than one (1) enforcement action against any non-compliant person.
[Ord. No. 1635 §1, 7-5-2012]
A violation of any provision of this Chapter or order issued hereunder is hereby declared a public nuisance and shall be corrected or abated as directed by the City Administrator. Any person(s) creating a public nuisance shall be subject to the provisions of Chapter 215 of this Code governing such nuisances, including reimbursing the City for any costs incurred in removing, abating, or remedying said nuisance.