[Ord. No. 1552 §1, 3-2-2011; Ord. No. 1689 §2, 7-17-2013; Ord. No. 1905, 2-21-2018]
A.
No property owner or his or her designee (contractor, etc.) shall
engage in any land-disturbing activity or any other action which causes
or permits any soil, mud, earth, sand, gravel, rock, stone, concrete
or other materials, debris or liquids to be deposited, dropped upon
or to roll, flow, stand or wash upon or over any public street, street
improvement, road, sewer, storm drain, watercourse, right-of-way,
or any other public or private property in a manner to interfere with
the use of such property, or which creates a nuisance or a hazardous
condition which is detrimental to the property, health, safety and
welfare of the public.
B.
No property owner or his or her designee (contractor, etc.) shall,
when hauling soil, earth, sand, gravel, mud, rock, stone, concrete,
building materials or any other materials, debris or liquids over
any public street, road or alley, allow such materials or liquids
to blow, drop, be placed or spill over and upon such street, road,
alley or public property without permission from the City of Dardenne
Prairie.
C.
The operator of equipment engaged in hauling shall not permit soil,
mud, earth, sand, gravel, rock, stone, concrete or other materials
to fall from the vehicle or equipment upon any street, road, alley
or public property without written permission from the City of Dardenne
Prairie.
D.
No person shall operate a vehicle hauling rock, sand, gravel, dirt
or similar material over any street or roadway unless there is a tarp
or similar covering pulled over the load unless permission is obtained
from the City of Dardenne Prairie.
E.
All matter or objects described in this Section shall be immediately
removed in a prompt and ongoing manner as it occurs and not as a cumulative
effort at the end of the day or project.
F.
Such property owner who causes any soil, mud, earth, sand, gravel,
rock, stone, concrete or other materials, debris or liquids to be
deposited or to roll, flow, wash or drop onto any public street, road,
alley or other public or private property shall be directed to immediately
remove such materials or liquids; and any person failing or refusing
to do so shall be subject to a "stop-work order" issued by the City
Engineer being placed on such project until such time as the violation
has been corrected.
G.
The employee and his or her firm, contractor, subcontractor and/or
supplier found to be in violation of any provision of this Section
shall be required to present to the Board of Aldermen, at its next
regularly scheduled meeting, explanation of why such violation occurred
and provision for correcting such violation in the future.
[Ord. No. 1552 §1, 3-2-2011; Ord. No.
1905, 2-21-2018]
A.
OPERATOR
OWNER
UNDERGROUND STORAGE TANK
1.
2.
3.
4.
5.
6.
Definitions. As used
in this Section, the following terms shall have these prescribed meanings:
Any person in control of, or having responsibility for, the
operation of an underground storage tank.
Any person who owns an underground storage tank in the City
on or after the effective date of this Section. The term does not
include any person who, without participating in the operation of
an underground storage tank or not engaged in petroleum production,
refining or marketing, holds indicia of ownership solely to protect
a security interest in or lien on the underground storage tank or
the property where the underground storage tank is located.
Any one (1) or more vessels, including any pipes connected
thereto, used to contain an accumulation of petroleum products and
the volume of which, including the volume of the underground pipes
connected thereto, is ten percent (10%) or more beneath the surface
of the ground. Exemptions from this definition and the regulations
promulgated under this Section include:
An underground storage tank whose capacity is one thousand one
hundred (1,100) gallons or less and used for storing motor fuel for
agricultural purposes;
An underground storage tank used for storing heating oil for
consumptive use on the premises where stored;
Pipeline facilities regulated under State laws comparable to
the provisions of law referred to in paragraph three (3) of this Subsection;
Liquid traps or associated gathering lines directly related
to oil or gas production and gathering operations; and
Storage tanks situated in an underground area, such as a basement,
cellar, mineworking, drift, shaft or tunnel, if the storage tank is
situated upon or above the surface of the floor.
B.
Closure And Removal Of Underground Storage Tanks.
1.
It shall be unlawful for any owner or operator of an underground
storage tank to fail to properly close and remove the same within
twelve (12) months after cessation of its active use.
2.
A cash escrow payment to the City or a performance bond issued
in the City's favor by a surety and in a form acceptable to the
City, in the amount of ten thousand dollars ($10,000) per underground
storage tank, shall be required by the owner or operator of any underground
storage tank located within the City and which stores or is intended
to store petroleum products. Such bond shall contain the following
endorsement: "This bond may not be canceled or allowed to lapse until
sixty (60) days after receipt by the City, by certified mail, return
receipt requested, of a written notice from the issuer of the bond
of its intent to cancel or not to renew." The amount of the cash escrow
payment or bond required by this Section shall be adjusted annually
in an amount equal to ten thousand dollars ($10,000.00) multiplied
by a fraction the numerator of which is the CPI (hereinafter defined)
most recently published prior to January 1 of the current year and
the denominator of which is the CPI published as of the time this
Section is originally enacted. As used herein, "CPI" shall mean the
Consumer Price Index - All Urban Consumers (CPI-U), United States
City Average, All Items (1982-84=100) as published by the Bureau of
Labor Statistics of the United States Department of Labor, or such
successor index thereto as may be published by the United States government
(or if not published the most comparable index thereto). In no event
will there be a reduction in the bond requirement because of any decrease
in the CPI from one (1) year to the next.
3.
The bond or cash escrow payment shall be returned to the owner
or operator who submitted the same upon verification by the City Engineer
that the underground storage tank and all of its pumps, pipes and
related equipment have been removed from the ground and disposed of
pursuant to Missouri Department of Natural Resources regulations and
any other applicable State or Federal law. Evidence that the applicable
State and Federal laws have been complied with during the removal
of the underground storage tanks may be demonstrated by obtaining
a "no further action needed" letter from the Missouri Department of
Natural Resources or similar correspondence from the Missouri Department
of Natural Resources or United States Environmental Protection Agency
indicating that the underground storage tanks have been properly removed,
any and all environmental hazards have been appropriately resolved,
and that the property on which it was located does not pose an unacceptable
risk to the environment.
4.
If the owner or operator fails to properly remove an underground
storage tank and all of its pumps, pipes and related equipment within
twelve (12) months after cessation of its active use, the City Engineer
shall have full power and authority to utilize the cash escrow payment
or to draw upon the bond in order to effectuate the proper removal
and disposal of the underground storage tank and all pumps, pipes
and related equipment.
5.
An owner or operator of an underground storage tank shall at
all times maintain insurance for such tank through the Missouri Petroleum
Storage Tank Insurance Fund or an insurance carrier acceptable to
the City which provides coverage for the costs of all cleanup resulting
from any contamination of the soil due to underground storage tank
leakage, or provide a letter issued by the Missouri Department of
Natural Resources, Hazardous Waste Program, Tanks Section, evidencing
its review of a declaration and certification endorsement for financial
responsibility filed by the owner or operator with the Missouri Department
of Natural Resources pursuant to 10 Mo. CSR 20-11 and requiring no
further action regarding financial responsibility by the owner or
operator.
