[Ord. No. 6016, 4-25-2016]
This Chapter shall be known as the Sikeston, Missouri, illicit
discharge control regulations and may be cited as "illicit storm water
discharge control regulations" or "regulations."
[Ord. No. 6016, 4-25-2016]
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 storm water discharges to the maximum
extent practicable and by prohibiting non-storm water discharges to
the storm drain system.
[Ord. No. 6016, 4-25-2016]
The terms used in this Chapter shall have the following meanings:
BEST MANAGEMENT PRACTICES
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 storm water; operating and maintenance procedures;
facility management practices to control runoff, spillage or leaks
of non-storm water, 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.
CITY
The City of Sikeston.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
CONSTRUCTION ACTIVITY
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.
HAZARDOUS MATERIALS
Any material, including any substance, waste, or combination
thereof, which because of its quality, 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-storm water discharge to the storm
drain system, except as exempted in this Chapter.
ILLICIT CONNECTIONS
An illicit connection as defined as either of the following:
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-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 a government 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 the City.
INDUSTRIAL ACTIVITY
Activities subject to NPDES Industrial Permits as defined
in 40 CFR, Section 122.26(b)(14).
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, 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
(included but not limited to sediments, slurries and concrete rinsates)
and noxious or offensive matter of any kind.
POLLUTION
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.
PREMISES
Any building, lot, parcel of land, or portion of land whether
improved or unimproved including adjacent sidewalks and parking strips.
STORM DRAINAGE SYSTEM
Publicly-owned facilities operated by the City 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 which are within the City and are not
part of a publicly owned treatment works as defined at 40 CFR §
122.2.
STORM WATER
Any surface flow, runoff and drainage consisting entirely
of water from rain storm events.
WATERS OF THE UNITED STATES
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 storm water at and during all times and seasons.
[Ord. No. 6016, 4-25-2016]
This Chapter shall apply to all water entering the storm drainage
system generated on any developed and undeveloped lands lying within
the City of Sikeston including any amendments or revisions thereto.
[Ord. No. 6016, 4-25-2016]
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 Manager to persons or entities
acting in the beneficial interest of or in the employ of the City.
[Ord. No. 6016, 4-25-2016]
Should any part or parts of this Chapter be found or held to
be invalid by any court of competent jurisdiction, the remaining part
or parts shall be severable and shall continue in full force and effect.
[Ord. No. 6016, 4-25-2016]
This Chapter shall be construed to assure consistency with the
requirements of the Clean Water Act and Missouri Clean Water Act and
acts amendatory thereof or supplementary thereto, or any applicable
implementing regulations.
[Ord. No. 6016, 4-25-2016]
The standards set forth herein and promulgated pursuant to this
Chapter are minimum standards; therefore this Chapter does not intend
or imply that compliance by any person will ensure that there will
be no contamination, pollution nor unauthorized discharge of pollutants
into waters of the U.S. caused by said person. This Chapter shall
not create liability on the part of the City of Sikeston, 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.