[Ord. No. 1252, 5-21-2018; Ord. No. 1260, 1-24-2019]
A.
The purpose of Chapter 250 is to provide for the health, safety, and general welfare of the citizens of the City of Troy, Missouri, through the regulation of non-stormwater discharges to the storm drainage system to the maximum extent practicable as required by Federal and State law. Chapter 250 establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of Chapter 250 are:
[Ord. No. 1252, 5-21-2018; Ord. No. 1260, 1-24-2019]
For the purposes of Chapter 250, the following shall mean:
The City of Troy, Missouri, and its employees or designees of the Mayor of the City of Troy, Missouri, designated to enforce Chapter 250.
Schedules of activities, prohibitions of practices, general
good housekeeping 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 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 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.
Activities subject to NPDES Industrial Permits as defined
in 40 CFR, Section 122.216 (b)(14).
The City or Troy, Missouri's storm drainage system.
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.
Any discharge to the storm drain system that is not composed
entirely of stormwater.
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or as the owner's agent.
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.
Publicly-owned facilities 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.
Any surface flow, runoff, and drainage consisting entirely
of water from any form of natural precipitation, and resulting from
such precipitation.
The Building Official of the City of Troy, Missouri or his/her
designees.
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.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
[Ord. No. 1252, 5-21-2018; Ord. No. 1260, 1-24-2019]
Chapter 250 shall apply to all water entering the storm drainage system generated on any developed and undeveloped lands unless explicitly exempted by an authorized enforcement agency.
[Ord. No. 1252, 5-21-2018; Ord. No. 1260, 1-24-2019]
The Stormwater Coordinator shall administer, implement, and enforce the provisions of Chapter 250. Any powers granted or duties imposed upon the authorized enforcement agency may be delegated in writing by the Stormwater Coordinator of the authorized enforcement agency to persons or entities acting in the beneficial interest of or in the employ of the agency.
[Ord. No. 1252, 5-21-2018; Ord. No. 1260, 1-24-2019]
The provisions of Chapter 250 are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this Chapter 250 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 250.
[Ord. No. 1252, 5-21-2018; Ord. No. 1260, 1-24-2019]
The standards set forth herein and promulgated pursuant to Chapter 250 are minimum standards; therefore ordinance does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants.
[Ord. No. 1252, 5-21-2018; Ord. No. 1260, 1-24-2019]
A.
Prohibition Of Illegal Discharges.
1.
No person shall discharge or cause to be discharged into the
municipal storm drainage system or water courses any materials, including
but not limited to pollutants or waters containing any pollutants
that cause or contribute to a violation of applicable water quality
standards, other than stormwater.
2.
The commencement, conduct or continuance of any illegal discharge
to the storm drainage system is prohibited except as described as
follows:
a.
The following discharges are exempt from discharge prohibitions
established by this Chapter: water line flushing or other potable
water sources, landscape irrigation or lawn watering, diverted stream
flows, rising ground water, ground water infiltration to storm drains,
uncontaminated pumped ground water, foundation or footing drains (not
including active groundwater dewatering systems), crawl space pumps,
air conditioning condensation, springs, non-commercial washing of
vehicles, natural riparian habitat or wet-land flows, swimming pools
(if dechlorinated — typically less than one (1) PPM chlorine),
firefighting activities, and any other water source not containing
Pollutants.
b.
Discharges specified in writing by the authorized enforcement
agency as being necessary to protect public health and safety.
c.
Dye testing is an allowable discharge, but requires a verbal
notification to the authorized enforcement agency prior to the time
of the test.
d.
The prohibition shall not apply to any non-stormwater discharge
permitted under an NPDES permit, waiver, or waste discharge order
issued to the discharger and administered under the authority of the
Federal Environmental Protection Agency, provided that the discharger
is in full compliance with all requirements of the permit waiver,
or order and other applicable laws and regulations, and provided that
written approval has been granted for any discharge to the storm drainage
system.
3.
Prohibition Of Illicit Connections.
a.
The construction, use, maintenance or continued existence of
illicit connections to the storm drainage system is prohibited.
b.
This prohibition expressly includes, without limitation, illicit
connections made in the past, regardless of whether the connection
was permissible under law or practices applicable or prevailing at
the time of connection.
[Ord. No. 1252, 5-21-2018; Ord. No. 1260, 1-24-2019]
A.
Suspension Due To Illicit Discharges In Emergency Situations. The
Stormwater Coordinator may, without prior notice, suspend MS4 discharge
access to a person when such suspension is necessary to stop an actual
or threatened discharge which presents or may present imminent and
substantial danger to the environment, or to the health or welfare
of persons, or to the MS4, or Waters of the State, or Waters of the
United States. If the violator fails to comply with a suspension order
issued in an emergency, the authorized enforcement agency may take
such steps as deemed necessary to prevent or minimize damage to the
MS4, or Waters of the State, or Waters of the United States, or to
minimize danger to persons.
B.
Suspension Due To The Detection Of Illicit Discharge. Any person discharging to the MS4 in violation of Chapter 250 may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The authorized enforcement agency will notify a violator of the proposed termination of its MS4 access. The violator may petition the authorized enforcement agency for a reconsideration and hearing.
C.
Offense Of Unauthorized Reinstatement Of MS4 Access. A person commits
an offense if the person reinstates MS4 access to premises terminated
pursuant to this Section, without the prior approval of the authorized
enforcement agency.
[Ord. No. 1252, 5-21-2018; Ord. No. 1260, 1-24-2019]
Any person subject to an industrial or construction activity
NPDES stormwater discharge permit shall comply with all provisions
of such permit. Proof for compliance with said permit may be required
in a form acceptable to the Stormwater Coordinator prior to the allowing
of discharges to the MS4.
[Ord. No. 1252, 5-21-2018; Ord. No. 1260, 1-24-2019]
A.
Applicability. This Section applies to all facilities that have stormwater
discharges associated with industrial activity, including construction
activity.
B.
Access To Facilities.
1.
The Stormwater Coordinator shall be permitted to enter and inspect facilities subject to regulation under Chapter 250 as often as may be necessary to determine compliance with Chapter 250. 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 authorized enforcement agency.
2.
Facility operators shall allow the Stormwater Coordinator ready
access to all parts of the premises for the purposes of inspection,
sampling, examination and copying of records that must be kept under
the conditions of an NPDES permit to discharge stormwater, and the
performance of any additional duties as defined by State and Federal
law.
3.
The Stormwater Coordinator shall have the right to set up on
any permitted facility such devices as are necessary in the opinion
of the authorized enforcement agency to conduct monitoring and/or
sampling of the facility's stormwater discharge.
4.
The Stormwater Coordinator has the right to require the operator/discharger
to install monitoring equipment as necessary. The facility's
sampling and monitoring equipment shall be maintained at all times
in a safe and proper operating condition by the discharger at its
own expense. All devices used to measure stormwater flow and quality
shall be calibrated to ensure their accuracy.
5.
Any temporary or permanent obstruction to safe and easy access
to the facility to be inspected and/or sampled shall be promptly removed
by the operator/discharger at the written or oral request of the authorized
enforcement agency and shall not be replaced. The costs of cleaning
such access shall be borne by the operator/discharger.
6.
Unreasonable delays in allowing the Stormwater Coordinator access to a permitted facility is a violation of a stormwater discharge permit and of Chapter 250. A person who is the operator of a facility with a NPDES permit to discharge stormwater associated with industrial activity commits an offense if the person denies the authorized enforcement agency reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by Chapter 250.
7.
If the Stormwater Coordinator has been refused access to any part of the premises from which stormwater is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of Chapter 250, 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 Chapter 250 or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the authorized enforcement agency may seek issuance of a search warrant from any court of competent jurisdiction.
[Ord. No. 1252, 5-21-2018; Ord. No. 1260, 1-24-2019]
The Stormwater Coordinator will adopt requirements identifying
Best Management Practices for any activity, operation, or facility
which may cause or contribute to pollution or contamination of stormwater,
the storm drainage system, waters of the State, or waters of the U.S.
The owner or operator of a commercial or industrial establishment
shall provide, at their own expense, reasonable protection from accidental
discharge of prohibited materials or other wastes into the municipal
storm drainage system or watercourses through the use of these structural
and non-structural BMPs, further, any person responsible for a property
or premise, which is, or may be, the source of an illicit discharge,
may be required to implement, at said person's expense, additional
structural and non-structural BMPs to prevent the further discharge
of pollutants to the municipal separate storm sewer system. Compliance
with all terms and conditions of a valid NPDES permit authorizing
the discharge of stormwater associated with industrial activity, to
the extent practicable, shall be deemed compliance with the provisions
of this Section. These BMPs shall be part of a stormwater pollution
prevention plan (SWPPP) as necessary for compliance with requirements
of the NPDES permit.
[Ord. No. 1252, 5-21-2018; Ord. No. 1260, 1-24-2019]
Every person owning property through which a watercourse passes,
or such person's lessee, shall keep and maintain that part of
the watercourse within the property free of trash, debris, excessive
vegetation, and other obstacles that would pollute, contaminate, or
significantly retard the flow of water through the watercourse. In
addition, the owner or lessee shall maintain existing privately owned
structures within or adjacent to a watercourse, so that such structures
will not become a hazard to the use, function, or physical integrity
of the watercourse.
[Ord. No. 1252, 5-21-2018; Ord. No. 1260, 1-24-2019]
Notwithstanding other requirements of law, as soon as any person
responsible for a facility or operation, or responsible for emergency
response for a facility or operation has information of any known
or suspected, release of materials which are resulting or may result
in illegal discharges or pollutants discharging into stormwater, the
storm drain system, or water of the U.S. said person shall take all
necessary steps to ensure the discovery, containment, and cleanup
of such release. In the event of such a release of hazardous materials
said person shall immediately notify emergency response agencies of
the occurrence via emergency dispatch services. In the event of a
release of non-hazardous materials, said person shall notify the authorized
enforcement agency in person or by phone or facsimile no later than
the next business day. Notifications in person or by phone shall be
confirmed by written notice addressed and mailed to the Stotrmwater
Coordinator within three (3) business days of the phone notice. If
the discharge of prohibited materials emanates from a commercial or
industrial establishment, the owner or operator of such establishment
shall also retain an on-site written record of the discharge and the
actions taken to prevent its recurrence. Such records shall be retained
for at least three (3) years and shall be made available for inspection
by the authorized enforcement agency.
[Ord. No. 1252, 5-21-2018; Ord. No. 1260, 1-24-2019]
A.
Notice Of Violation. Whenever the Stormwater Coordinator finds that a person has violated a prohibition or failed to meet a requirement of Chapter 250, the authorized enforcement agency may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:
1.
The performance of monitoring, analyses, and reporting;
2.
The elimination of illicit connections or discharges;
3.
That violating discharges, practices, or operations shall cease
and desist;
4.
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
5.
Payment of a fine to cover administrative and remediation costs;
and
6.
The implementation of source control or treatment BMPs.
B.
If abatement of a violation and/or restoration of affected property
is required, the notice shall set forth a deadline within which such
remediation at restoration must be completed. Said notice shall further
advise that, should the violator fail to remediate or restore within
the established deadline, the work will be done by a designated governmental
agency or a contractor and the expense thereof shall be charged to
the violator.
[Ord. No. 1252, 5-21-2018; Ord. No. 1260, 1-24-2019]
Any person receiving a Notice of Violation may appeal the determination
of the authorized enforcement agency. The notice of appeal must be
received within thirty (30) days from the date of the Notice of Violation.
Hearing on the appeal before the appropriate authority or his/her
designee shall take place within fifteen (15) days from the date of
receipt of the notice of appeal. The decision of the municipal authority
or their designee shall be final.
[Ord. No. 1252, 5-21-2018; Ord. No. 1260, 1-24-2019]
If the violation has not been corrected pursuant to the requirements
set forth in the Notice of Violation, or, in the event of an appeal,
within thirty (30) days of the decision of the municipal authority
upholding the decision of the authorized enforcement agency, then
representatives of the authorized enforcement agency shall enter upon
the subject private property and are authorized to take any and all
measures necessary to abate the violation and/or restore the property.
It shall be unlawful for any person, owner, agent or person in possession
of any premises to refuse to allow the government agency or designated
contractor to enter upon the premises for the purposes set forth above.
[Ord. No. 1252, 5-21-2018; Ord. No. 1260, 1-24-2019]
Within thirty (30) days after abatement of the violation, the
owner of the property will be notified of the cost of abatement, including
administrative costs. The property owner, may file a written protest
objecting to the amount of the assessment within fifteen (15) days.
If the amount due is not paid within a timely manner as determined
by the decision of the municipal authority or by the expiration of
the time in which to file an appeal, the charges shall become a special
assessment against the property and shall constitute a lien on the
property for the amount of the assessment. Any person violating any
of the provisions of this Article shall become liable to the City
by reason of such violation. The liability shall be paid in not more
than twelve (12) equal payments. Interest at the rate of nine percent
(9%) per annum shall be assessed on the balance beginning on the first
day following discovery of the violation.
[Ord. No. 1252, 5-21-2018; Ord. No. 1260, 1-24-2019]
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of Chapter 250. If a person has violated or continues to violate the provisions of Chapter 250, the authorized enforcement agency may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation. The violator shall pay the reasonable attorney's fees and costs of the authorized enforcement agency incurred in enforcing or utilizing the relief provided under this Subsection.
[Ord. No. 1252, 5-21-2018; Ord. No. 1260, 1-24-2019]
In lieu of enforcement proceedings, penalties, and remedies authorized by Chapter 250, the authorized enforcement agency may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc.
[Ord. No. 1252, 5-21-2018; Ord. No. 1260, 1-24-2019]
In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of Chapter 250 is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.
[Ord. No. 1252, 5-21-2018; Ord. No. 1260, 1-24-2019]
Any person that has violated or continues to violate Chapter 250 shall be liable to criminal prosecution to the fullest extent of the law, and shall be subject to a criminal penalty of five hundred dollars ($500.00) per violation per day and/or imprisonment for a period of time not to exceed ninety (90) days. The authorized enforcement agency may recover all attorney's fees, court costs and other expenses associated with enforcement of Chapter 250, including sampling and monitoring expenses.
[Ord. No. 1252, 5-21-2018; Ord. No. 1260, 1-24-2019]
The remedies listed in Chapter 250 are not exclusive of any other remedies available under any applicable Federal, State or local law and it is within the discretion of the authorized enforcement agency to seek cumulative remedies.
