[Ord. No. 7856 § 1, 12-1-2008]
The purpose of these regulations is to safeguard persons, protect
property, prevent damage to the environment and promote the public
welfare by guiding, regulating, and controlling the design, construction,
use and maintenance of all stormwater facilities and development.
[Ord. No. 7856 § 1, 12-1-2008]
The provisions of this Chapter shall be administered and enforced
as directed by the City Administrator. The City Administrator shall
prescribe forms for attainment of the purposes of this Chapter and
for the proper enforcement thereof. The City Administrator may delegate
the administration of this Chapter, or any part thereof, subject to
limitations of the ordinances of the City, to duly qualified employees,
deputies or agents of the City.
[Ord. No. 7856 § 1, 12-1-2008]
Unless specifically defined below, words or phrases in this
Chapter shall be interpreted so as to give them the meaning they have
in common usage and to give this Chapter its most reasonable application:
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 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 of Marshall, Missouri.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
Any activity which removes the vegetative surface cover.
The City Council of the City of Marshall, Missouri.
The selected or established frequency or return period of
rainfall time-duration for which drainage facilities are to be designed.
Any man-made area which serves as a means of controlling
and storing stormwater runoff.
A person directing or participating in the direction of improvements
on and/or to land, including, but not limited to, the owner of the
land, a general contractor or a commercial agent engaged for such
activity.
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations.
May also include any change of land use.
The catchment area from which stormwater is carried off by
a watercourse or storm drainage system. The area served by a drainage
system receiving storm and other surface-borne water. The boundaries
of a drainage basin are a product of natural topography and drainage
system configuration.
A man-made structure or natural watercourse for the conveyance
of stormwater runoff. Examples are channels, pipes, ditches, swales,
catch basins and street gutters.
Any channel that conveys surface runoff.
A set of plans prepared by or under the direction of a licensed
professional engineer that indicates the specific measures and sequencing
to be used controlling sediment and erosion on a development site
both before, during and after construction.
Measures that prevent erosion.
Excavation or fill of material, including the resulting condition
thereof.
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-stormwater discharge to the storm
drain system, except as exempted by this Chapter.
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 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.
Surfaces on real property where infiltration of stormwater
into the earth has been virtually eliminated by the works of man.
Land having improvements that are impervious to, or alter
the flow of, stormwater within the limits of a platted, or otherwise
distinguished, parcel of land.
A structure on or other alteration of land.
Activities subject to NPDES industrial permits as defined
in 40 CFR 122.26 (b)(14).
Kansas City Metro Chapter of the American Public Works Association
(APWA), Division 5100, Erosion and Sediment Control, as amended from
time to time by APWA and including all additions and exceptions kept
on file by the City.
Kansas City Metro Chapter of the American Public Works Association,
Division 5600, Storm Drainage Systems and Facilities, as amended from
time to time by APWA and including all additions and exceptions kept
on file by the City.
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.
A watercourse containing an ordinary high-water mark most
typically indicated as either a dashed (intermittent) or solid (perennial)
blue line on the USGS 7.5 minute quadrangle maps.
A line on the bank established by the fluctuations of water
and indicated by physical characteristics such as clear, natural line
impressed on the bank, shelving, changes in the character of soil,
destruction of terrestrial vegetation, the presence of litter and
debris, or other appropriate means that consider the characteristics
of the surrounding areas.
Any person, firm, association, syndicate, partnership, corporation,
trust, or any other entity having legal title to, or a sufficient
proprietary interest to legally transfer, real property. Proprietary
interest shall include, but not be limited to, estate administration,
trusteeship, guardianship and actions under a valid power of attorney.
Proprietary interest shall not include an agency or a bare employment
relation.
A barrier that prevents sediment from leaving a site either
by filtering sediment-laden runoff, or diverting it to a sediment
trap or basin.
A natural person, corporation, partnership or other entity.
Clearing a parcel of land in distinct phases, with the stabilization
of each phase before the clearing of the next.
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; 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;
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.
An area of land adjacent to a waterway or wetland area, predominantly
indicated by vegetation tolerant to occasional inundation or that
thrive in close proximity to water. Native vegetation tends to be
more dense than in upland areas. The intended purpose of the buffer
is to protect water quality through filtration and infiltration, minimize
the effects of stream bank erosion and enhance flood protection. After
the riparian buffer is platted, the area designated on the plat as
the riparian buffer shall be substituted for this definition.
Measures that prevent eroded sediment from leaving the site.
A parcel of land, or a contiguous combination thereof, where
grading work is performed as a single unified operation.
The use of practices that prevent exposed soil from eroding.
The first land-disturbing activity associated with a development,
including land preparation such as clearing, grading and filling;
installation of streets and walkways; excavation for basements, footings,
piers or foundations; erection of temporary forms; and installation
of accessory buildings such as garages.
An improved storm drain is a closed conduit or paved open
ditch for conducting collected stormwater. An unimproved storm drain
is an open ditch, natural or specifically constructed for conveying
collected stormwater.
Any surface flow, runoff, and drainage consisting entirely
of water from any form of natural precipitation (such as rain or snow),
and resulting from such precipitation.
All drainage facilities used for collecting and conducting
stormwater to, through and from drainage areas to the points of final
outlets including, but not limited to, any and all of the following:
conduits and appurtenant features, canals, ditches, streams, gullies,
flumes, culverts, streets, gutters and pump stations.
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.
A relatively wide, shallow ditch used to carry stormwater
runoff.
Land in its natural state.
A grant or relief to a person from the requirements of this
Chapter which permits construction in a manner otherwise prohibited
by this Article where specific enforcement would result in unnecessary
hardship.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
A stream, usually flowing in a particular direction (though
it need not flow continuously in a definite channel), having a bed
or banks and usually discharging into some other stream or body of
water.
[Ord. No. 7856 § 1, 12-1-2008]
Floods from stormwater runoff may occur which exceed the capacity
of stormwater drainage facilities constructed and maintained under
this Chapter. This Chapter does not guarantee that property will always
be free from stormwater flooding or flood damage. This Chapter shall
not create a liability on the part of, or cause of action against,
the City or any officer or employee thereof for any flood damage.
Neither does this Chapter purport to reduce the need or the necessity
for obtaining flood insurance.
[Ord. No. 7856 § 1, 12-1-2008]
A.
Conditions. Regulation of stormwater drainage and the attachment
of reasonable conditions thereto is an exercise of the valid police
power delegated by the State of Missouri to the City. Property owners
have the duty of compliance with reasonable policies, regulations,
standards and conditions established by the City for design, construction,
improvement and restrictive use of the land so as to conform to the
physical and economical development of the City, and to promote the
health, safety and general welfare of the community at large.
B.
Interpretation. The provisions of this Chapter shall be
the minimum requirements for the protection of the public health,
safety and general welfare.
C.
Conflict. Conflict with public and private provisions:
1.
Public Provisions. Where any provision of this
Chapter imposes restrictions different from those imposed by any other
law or regulation, whichever is more restrictive or imposes a higher
standard shall control.
2.
Private Provisions. This Chapter is not intended
to abrogate any easement, covenant or any other private agreement
or restriction; provided, that where the provisions of this Chapter
are more restrictive or impose higher standards or regulations that
such easement, covenant, or other private agreement or restriction,
the requirements of this Chapter shall govern.
D.
Separability. The provisions and sections of this Chapter
shall be deemed to be separable, and the invalidity of any portion
of this Chapter shall not affect the validity of the remainder.
[Ord. No. 7856 § 1, 12-1-2008]
A.
The City shall be permitted 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 to allow access to representatives of the City.
B.
Unreasonable delays in allowing the City access to a permitted
facility is a violation of a stormwater discharge permit and of this
Chapter.
C.
If the City has been refused access to any part of the
premises from which stormwater is discharged, and 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 City
may seek issuance of a search warrant from any court of competent
jurisdiction.
[Ord. No. 7856 § 1, 12-1-2008]
A.
In addition to any specific penalties set forth in individual
articles, any person found guilty of violating the provisions of this
Chapter shall, upon conviction, be fined not less than one dollar
($1.00) and not more than five hundred dollars ($500.00) and, in addition,
shall pay all costs and expenses involved in the case. Each day such
violation continues shall be considered a separate offense. Nothing
herein contained shall prevent the City, or other appropriate authority,
from taking such other lawful action as is necessary to prevent or
remedy any violation.
