[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:
BEST MANAGEMENT PRACTICES (BMPs)
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.
CITY
The City of Marshall, Missouri.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.
CLEARING
Any activity which removes the vegetative surface cover.
COUNCIL
The City Council of the City of Marshall, Missouri.
DESIGN YEAR STORM
The selected or established frequency or return period of rainfall time-duration for which drainage facilities are to be designed.
DETENTION BASIN
Any man-made area which serves as a means of controlling and storing stormwater runoff.
DEVELOPER
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.
DEVELOPMENT
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.
DRAINAGE BASIN (WATERSHEDS)
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.
DRAINAGE FACILITY
A man-made structure or natural watercourse for the conveyance of stormwater runoff. Examples are channels, pipes, ditches, swales, catch basins and street gutters.
DRAINAGE WAY
Any channel that conveys surface runoff.
EROSION AND SEDIMENT CONTROL PLAN
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.
EROSION CONTROL
Measures that prevent erosion.
GRADING
Excavation or fill of material, including the resulting condition thereof.
HAZARDOUS MATERIALS
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.
ILLEGAL DISCHARGE
Any direct or indirect non-stormwater discharge to the storm drain system, except as exempted by this Chapter.
ILLICIT CONNECTIONS
1. 
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
2. 
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.
IMPERVIOUS SURFACE
Surfaces on real property where infiltration of stormwater into the earth has been virtually eliminated by the works of man.
IMPROVED LAND
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.
IMPROVEMENT
A structure on or other alteration of land.
INDUSTRIAL ACTIVITY
Activities subject to NPDES industrial permits as defined in 40 CFR 122.26 (b)(14).
KC-APWA 5100
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.
KC-APWA 5600
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.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT
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.
NATURAL STREAM
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.
ORDINARY HIGH-WATER MARK
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.
OWNER
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.
PERIMETER CONTROL
A barrier that prevents sediment from leaving a site either by filtering sediment-laden runoff, or diverting it to a sediment trap or basin.
PERSON
A natural person, corporation, partnership or other entity.
PHASING
Clearing a parcel of land in distinct phases, with the stabilization of each phase before the clearing of the next.
POLLUTANT
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.
PREMISES
Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
RIPARIAN BUFFER
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.
SEDIMENT CONTROL
Measures that prevent eroded sediment from leaving the site.
SITE
A parcel of land, or a contiguous combination thereof, where grading work is performed as a single unified operation.
STABILIZATION
The use of practices that prevent exposed soil from eroding.
START OF CONSTRUCTION
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.
STORM DRAIN
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.
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.
STORMWATER DRAINAGE SYSTEM
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.
STORMWATER POLLUTION PREVENTION PLAN
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.
SWALE
A relatively wide, shallow ditch used to carry stormwater runoff.
UNIMPROVED LAND
Land in its natural state.
VARIANCE
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.
WASTEWATER
Any water or other liquid, other than uncontaminated stormwater, discharged from a facility.
WATERCOURSE
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.
B. 
Where a violation is declared a nuisance, all policies and procedures set forth in Chapter 215 shall apply.