[Ord. No. 153, 7-22-2010]
This Chapter shall be known as the "Duquesne, Missouri, Illicit
Discharge Control Regulations" and may be cited as "illicit stormwater
discharge control regulations" or "regulations."
[Ord. No. 153, 7-22-2010]
The purpose and intent of this Chapter is to ensure the health,
safety, and general welfare of citizens, and protect and enhance the
water quality of watercourses and water bodies in a manner pursuant
to and consistent with the Federal Clean Water Act (33 U.S.C. § 1251
et seq.) by reducing pollutants in stormwater discharges to the maximum
extent practicable and by prohibiting non-stormwater discharges to
the storm drain system.
[Ord. No. 153, 7-22-2010]
The terms used in this Chapter shall have the following meanings:
Activities, practices, and procedures to prevent or reduce
the discharge of pollutants directly or indirectly to the municipal
storm drain system and waters of the United States. Best management
practices include but are not limited to treatment facilities to remove
pollutants from stormwater, operating and maintenance procedures,
facility management practices to control runoff, spillage or leaks
of non-stormwater, waste disposal, and drainage from materials storage,
erosion and sediment control practices, and the prohibition of specific
activities, practices, and procedures and such other provisions as
the City determines appropriate for the control of pollutants.
The City of Duquesne.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
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 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.
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-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 a government 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 the City.
Activities subject to NPDES industrial permits as defined
in 40 CFR 122.26(b)(14).
Chapter 644, RSMo., and any subsequent amendments thereto.
A general, group, or individual permit issued by the United
States Environmental Protection Agency (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.
Any discharge to the storm drain system that is not composed
entirely of stormwater.
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, articles, 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
(including but not limited to sediments, slurries, and concrete rinsates);
and noxious or offensive matter of any kind.
The human-made or human-induced alteration of the quality
of waters by waste to a degree which unreasonably affects, or has
the potential to unreasonably affect, either the waters for beneficial
uses or the facilities which serve these beneficial uses.
Any building, lot, parcel of land, or portion of land whether
improved or unimproved, including adjacent sidewalks and parking strips.
Publicly owned facilities operated by the City 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 which are within the City and are not part
of a publicly owned treatment works as defined at 40 CFR 122.2.
Any surface flow, runoff, and drainage consisting entirely
of water from rain storm events.
Surface watercourses and water bodies as defined at 40 CFR
122.2, including all natural waterways and definite channels and depressions
in the earth that may carry water, even though such waterways may
only carry water during rains and storms and may not carry stormwater
at and during all times and seasons.
[Ord. No. 153, 7-22-2010]
This Chapter shall apply to all water entering the storm drainage
system generated on any developed and undeveloped lands lying within
the City of Duquesne, including any amendments or revisions thereto.
[Ord. No. 153, 7-22-2010]
The City shall administer, implement, and enforce the provisions
of this Chapter. Any powers granted or duties imposed upon the City
may be delegated in writing by the City Board of Aldermen to persons
or entities acting in the beneficial interest of or in the employ
of the City.
[Ord. No. 153, 7-22-2010]
The provisions of this Chapter are hereby declared to be severable.
If any provision, clause, sentence, or paragraph of this Chapter 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 Chapter.
[Ord. No. 153, 7-22-2010]
This Chapter shall be construed to assure consistency with the
requirements of the Clean Water Act and the Missouri Clean Water Act
and acts amendatory thereof or supplementary thereto, or any applicable
implementing regulations.
[Ord. No. 153, 7-22-2010]
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
into waters of the United States caused by said person. This Chapter
shall not create liability on the part of the City of Duquesne, or
any agent or employee thereof for any damages that result from any
discharger's reliance on this Chapter or any administrative decision
lawfully made thereunder.
