[Ord. No. 16.168 (Bill No. 2544)
§ 1, 5-13-2013; Ord. No. 16.169 (Bill No. 2652), 3-2-2017]
A.
The purpose of this Article is to provide for the health, safety,
and general welfare of the citizens of the City of Arnold, Missouri,
through the regulation of non-storm water discharges to the storm
drainage system to the maximum extent practicable as required by Federal
and State law. This Article 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.
B.
The objectives of this Article are:
1.
To regulate the contribution of pollutants to the municipal
separate storm sewer system (MS4) by storm water discharges by any
user.
2.
To prohibit illicit connections and discharges to the municipal
separate storm sewer system.
3.
To establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
Article.
[Ord. No. 16.168 (Bill No. 2544)
§ 2, 5-13-2013; Ord. No. 16.169 (Bill No. 2652), 3-2-2017]
For the purposes of this Article, the following shall mean:
Employees or designees of the director of the municipal agency
designated to enforce this Article.
Schedules of activities, prohibitions of practices, general
good house-keeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices
to prevent or reduce the discharge of pollutants directly or indirectly
to storm water, receiving waters, or storm water 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. Currently
these include construction projects resulting in land disturbance
of five (5) acres or more. Beginning in March 2003, NPDES Storm Water
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.
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-storm water discharge to the storm drain system, except as exempted in Section 700.1050 of this Article.
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-storm
water 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 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 storm water.
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, ordinances, and accumulations, so that same
may cause or contribute to pollution; floatable; 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 storm water 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.
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 storm water, storm water
conveyance systems, and/or receiving waters to the maximum extent
practicable.
Any water or other liquid, other than uncontaminated storm
water, discharged from a facility.
[Ord. No. 16.168 (Bill No. 2544)
§ 3, 5-13-2013; Ord. No. 16.169 (Bill No. 2652), 3-2-2017]
This Article 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. 16.168 (Bill No. 2544)
§ 4, 5-13-2013; Ord. No. 16.169 (Bill No. 2652), 3-2-2017]
The Public Works Department shall administer, implement, and
enforce the provisions of this Article. Any powers granted or duties
imposed upon the authorized enforcement agency may be delegated in
writing by the Public Works Director of the authorized enforcement
agency to persons or entities acting in the beneficial interest of
or in the employ of the agency.
[Ord. No. 16.168 (Bill No. 2544)
§ 5, 5-13-2013; Ord. No. 16.169 (Bill No. 2652), 3-2-2017]
The provisions of this Article are hereby declared to be severable.
If any provision, clause, sentence, or paragraph of this Article or
the application thereof to any person, establishment, or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions or application of this Article.
[Ord. No. 16.168 (Bill No. 2544)
§ 6, 5-13-2013; Ord. No. 16.169 (Bill No. 2652), 3-2-2017]
The standards set forth herein and promulgated pursuant to this
Article are minimum standards; therefore this Article 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. 16.168 (Bill No. 2544)
§ 7, 5-13-2013; Ord. No. 16.169 (Bill No. 2652), 3-2-2017]
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 storm water.
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 Article: water line flushing or other potable
water sources, landscape irrigation or lawn watering, diverted stream
flows, rising ground water, ground water infiltration to storm drains,
uncontaminated pumped ground water, 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 wet-land flows, swimming pools
(if dechlorinated - typically less than one (1) PPM chlorine), fire
fighting 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.
3.
The prohibition shall not apply to any non-storm water 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.
C.
A person is considered to be in violation of this Article if the
person connects a line conveying sewage to the MS4, or allows such
a connection to continue.
[Ord. No. 16.168 (Bill No. 2544)
§ 8, 5-13-2013; Ord. No. 16.169 (Bill No. 2652), 3-2-2017]
A.
Suspension Due To Illicit Discharges In Emergency Situations. The
City 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 Article may have their
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.
C.
A person commits a violation if the person reinstates MS4 access
to premises terminated pursuant to this Section, without the prior
approval of the authorized enforcement agency.
[Ord. No. 16.168 (Bill No. 2544)
§ 9, 5-13-2013; Ord. No. 16.169 (Bill No. 2652), 3-2-2017]
Any person subject to an industrial or construction activity
NPDES storm water 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 Public Works and/or the Community Development
Departments prior to the allowing of discharges to the MS4.
[Ord. No. 16.168 (Bill No. 2544)
§ 10, 5-13-2013; Ord. No. 16.169 (Bill No. 2652), 3-2-2017]
A.
Applicability. This Section applies to all facilities that have storm
water discharges associated with industrial activity, including construction
activity.
B.
Access To Facilities.
1.
The City shall be permitted to enter and inspect facilities
subject to regulation under this Article as often as may be necessary
to determine compliance with this Article. 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 City 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 storm water, and the performance of any
additional duties as defined by State and Federal law.
3.
The City 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
storm water discharge.
4.
The City 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 storm water 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 and shall
not be replaced. The costs of clearing such access shall be borne
by the operator.
6.
An unreasonable delay in allowing the City access to a permitted
facility is a violation of a storm water discharge permit and of this
Article. A person who is the operator of a facility with a NPDES permit
to discharge storm water 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 Article.
7.
If the City has been refused access to any part of the premises
from which storm water is discharged, and he/she is able to demonstrate
probable cause to believe that there may be a violation of this Article,
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 Article 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. 16.168 (Bill No. 2544)
§ 11, 5-13-2013; Ord. No. 16.169 (Bill No. 2652), 3-2-2017]
The City will adopt requirements identifying Best Management
Practices for any activity, operation, or facility which may cause
or contribute to pollution or contamination of storm water, the storm
drain system, or waters of the U.S. 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 the municipal
separate storm sewer system. Compliance with all terms and conditions
of a valid NPDES permit authorizing the discharge of storm water 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 storm water pollution prevention plan (SWPP) as necessary
for compliance with requirements of the NPDES permit.
[Ord. No. 16.168 (Bill No. 2544)
§ 12, 5-13-2013; Ord. No. 16.169 (Bill No. 2652), 3-2-2017]
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. 16.168 (Bill No. 2544)
§ 13, 5-13-2013; Ord. No. 16.169 (Bill No. 2652), 3-2-2017]
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 storm water,
the storm drain system, or the public waters 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 Public Works
Department (c/o the Public Works Director) 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. 16.168 (Bill No. 2544)
§ 14, 5-13-2013; Ord. No. 16.169 (Bill No. 2652), 3-2-2017]
A.
Notice Of Violation. Whenever the City finds that any person, entity
or user covered by this Article has violated a prohibition or failed
to meet a requirement of this Article, 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 storm water pollution or contamination
hazards and the restoration of any affected property;
5.
Payment of a maximum five hundred dollars ($500.00) 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. 16.168 (Bill No. 2544)
§ 15, 5-13-2013; Ord. No. 16.169 (Bill No. 2652), 3-2-2017]
Any person, entity or user covered by this Article receiving
a Notice of Violation may appeal the determination of the authorized
enforcement agency. The notice of appeal must be received within three
(3) days from the date of the Notice of Violation. Hearing on the
appeal before the Director of Public Works 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 Public Works Director or their
designee shall be final.
[Ord. No. 16.168 (Bill No. 2544)
§ 16, 5-13-2013; Ord. No. 16.169 (Bill No. 2652), 3-2-2017]
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,
within three (3) days of 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. 16.168 (Bill No. 2544)
§ 17, 5-13-2013; Ord. No. 16.169 (Bill No. 2652), 3-2-2017]
Within seven (7) days 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 three (3) 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.
Any person violating any of the provisions of this Article 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 statutory rate shall be assessed on the balance beginning on
the first day following discovery of the violation.
[Ord. No. 16.168 (Bill No. 2544)
§ 18, 5-13-2013; Ord. No. 16.169 (Bill No. 2652), 3-2-2017]
It shall be unlawful for any person, entity or user covered
by this Article to violate any provision or fail to comply with any
of the requirements of this Article. If any person, entity or user
covered by this Article has violated or continues to violate the provisions
of this Article, the authorized enforcement agency may petition for
injunctive relief the person from activities which would create further
violations or compelling the person to perform abatement or remediation
of the violation.
[Ord. No. 16.168 (Bill No. 2544)
§ 19, 5-13-2013; Ord. No. 16.169 (Bill No. 2652), 3-2-2017]
In lieu of enforcement proceedings, penalties, and remedies
authorized by this Article, 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. 16.168 (Bill No. 2544)
§ 20, 5-13-2013; Ord. No. 16.169 (Bill No. 2652), 3-2-2017]
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 Article 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. 16.168 (Bill No. 2544)
§ 21, 5-13-2013; Ord. No. 16.169 (Bill No. 2652), 3-2-2017]
Any person that has violated or continues to violate this Article
shall be liable to criminal prosecution to the fullest extent of the
law, and shall be subject to a criminal penalty of a maximum five
hundred dollars ($500.00) per violation per day and/or imprisonment
for a period of time not to exceed ninety (90) days. The authorized
enforcement agency may recover all attorney's fees, court costs
and other expenses associated with enforcement of this Article, including
sampling and monitoring expenses.
[Ord. No. 16.168 (Bill No. 2544)
§ 22, 5-13-2013; Ord. No. 16.169 (Bill No. 2652), 3-2-2017]
The remedies listed in this Article 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.
