[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:
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.
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 City Administrator of the City of Dardenne Prairie, Missouri,
or his/her designee.
The Municipal Code of the City of Dardenne Prairie, Missouri.
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 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.
Any direct or indirect non-stormwater discharge to stormwater drainage systems, except as exempted in Section 422.070 of this Chapter.
Either of the following:
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
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.
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 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.
Any discharge to a stormwater drainage 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 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.
Any building, lot, parcel of land or portion of land whether
improved or unimproved including adjacent walks and parking areas.
Any surface flow, runoff and drainage consisting entirely
of water from any form of natural precipitation and resulting from
such precipitation.
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.
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 discharged from a facility that
is wastewater as defined in 10 CSR 20-2.010, as amended.
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.
