[Res. No. 07-06, Zoning Order Art. 8 § A, 7-12-2007]
A.
Under the Federal Clean Water Act of 1972 and additions, storm water management regulations must be implemented for Cass County, in particular to demonstrate compliance with the National Pollutant Discharge Elimination System (NPDES) Phase II section of that law. The County is required to implement a storm water management program for the management of the impact and potential for pollution of the waters of the County and the State resulting from rainfall. The Big Creek, Mount Pleasant, and Raymore townships are specifically designated as requiring permitting for any new use which leads to disturbance of the existing soil surfaces or which may contribute polluting materials to existing drainage systems.
B.
The Missouri Clean Water Law and the Missouri Code of State Regulations also require specific permitting in order to regulate activities that cause land disturbance. A land disturbance permit requires the development and implementation of a Storm Water Pollution Prevention Plan (SWPPP) that includes controls to protect against soil erosion and to limit waste and pollutants on sites, through inspection, monitoring, reporting and record keeping.
C.
In response to these regulatory requirements, the County has established regulations limiting impacts to the waters of the County from any land use which damages, alters or removes natural vegetation such that soil erosion may occur, or which introduces pollutants as defined by State and Federal standards to a site without limiting the potential for such pollutants to extend into the public way and waters. Such uses, include, but are not limited to:
1.
Land clearance operations or construction activities,
2.
Land uses, such as animal density, which diminish the natural ground cover to the extent that there is a potential for soil erosion, without creating new protective covering by utilizing best management practices, (BMPs),
3.
Uses which introduce polluting substances of a type, or by methods, or to the extent that they have the potential to leave the property during storm events and reach public lands or waterways, and for which BMPs are not utilized to limit this potential.
D.
Such land uses shall be considered as violations of this Zoning Order, a misdemeanor. The administration and enforcement response by the County shall be as described in the Administration Article of the Zoning Order.