[Ord. No. 3025, 8-7-2018]
A. Purpose. This Article is adopted pursuant to the authority granted
in Sections 64.907 and 64.825 through 64.885, RSMo., and is intended
to regulate non-stormwater discharges to the storm drainage system
to the maximum extent practicable as required by federal and state
law. This Article 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 this
Article are:
1.
To regulate the contribution of pollutants to the municipal
separate storm sewer system (MS4) by stormwater discharges by any
user;
2.
To prohibit illicit connections and discharges to the MS4;
3.
To establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
Article.
B. Applicability. This Article shall apply to all water entering the
storm drain system generated on any developed and undeveloped lands
unless explicitly exempted.
C. Ultimate Responsibility. The standards set forth in this Article
and promulgated pursuant to this Article are minimum standards. Compliance
with this Article does not ensure that there will be no contamination,
pollution or unauthorized discharge of pollutants into the waters
of the United States. This Article shall not create liability on the
part of the City or any agent or employee of the City for any damages
that result from any discharges, reliance on this Article or any administrative
decision made under this Article.
D. Stormwater Pollution Prevention. Any 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 drain system or watercourses through
the use of structural and non-structural BMPs. Further, any person
responsible for a property or premises, which is, or may be, the source
of an illicit discharge, may be required to implement, at the 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 compliant
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. 3025, 8-7-2018]
A. Illegal Discharges. It shall be unlawful for any person to discharge
or cause to be discharged into the municipal separate storm sewer
system or into any water course any material other than stormwater,
except as provided below. The following discharges are exempt from
the discharge prohibitions established by this Article:
1.
Waterline flushing or other potable water sources;
2.
Landscape irrigation or lawn watering;
3.
Diverted water course flows;
5.
Groundwater infiltration;
6.
Uncontaminated pumped groundwater;
7.
Foundation or footing drains excluding active groundwater dewatering
systems;
8.
Crawl space pumps, air conditioning condensation;
10.
Non-commercial washing of vehicles;
11.
Natural riparian habitat or wetland flows;
12.
Swimming pools if dechlorinated to less than one (1) ppm chlorine;
14.
Other water not containing pollutants;
15.
Discharges specified by the City as necessary to protect public
health and safety;
16.
Dye testing if notification is given to the City before the
test; providing the date and location; and
17.
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 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 municipal separate storm sewer system.
B. Illicit Connections.
1.
It shall be unlawful for any person to construct, use, maintain
or have an illicit connection.
2.
This Section expressly applies to illicit connections made in
the past even if the connection was permissible under law or practices
applicable or prevailing at the time of connection.
C. Waste Disposal Prohibitions. It shall be unlawful for any person
to place, deposit or dump or to cause or allow the placing, depositing
or dumping of any refuse, rubbish, yard waste, paper litter or other
discarded or abandoned objects, articles and accumulations containing
pollutants into the municipal separate storm sewer system or into
any drainage facility.
D. Connection Of Sanitary Sewer Prohibited. It shall be unlawful for
any person to connect a line conveying sewage to the municipal separate
storm sewer system or to allow such a connection to continue.
E. Industrial Or Construction Activity Discharges. It shall be unlawful
for any person subject to an industrial activity or construction NPDES
stormwater discharge permit to fail to comply with all provisions
of such permit.
[Ord. No. 3025, 8-7-2018]
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 waters of the U.S., the 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,
the person shall immediately notify emergency response agencies (911
and MO Dept. of Natural Resources, 573-624-2436) of the occurrence
via emergency dispatch services. In the event of a release of non-hazardous
materials, the person shall notify the City 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 City within (3) three 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.
[Ord. No. 3025, 8-7-2018]
A. The City Council may, by ordinance, adopt standards identifying best
management practices (BMP) for any activity, operation or facility
which may cause or contribute to pollution of stormwater, the storm
drain system, waters of the state or waters of the United States.
These standards shall be on file at the City Clerk's office. It shall
be unlawful for any person undertaking any activity or owning or operating
any facility subject to such standards to fail to comply with the
standards.
B. The owner or operator of a commercial or industrial establishment
shall provide reasonable protection from accidental discharge of prohibited
materials or other wastes into the municipal separate storm sewer
system or watercourses through the use of structural and non-structural
BMPs. Any person responsible for property which is or may be the source
of an illicit discharge may be required to implement additional structural
and non-structural BMPs to prevent further discharge. 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 in compliance with provisions of this Section. These
BMPs shall be a part of the stormwater pollution prevention plan as
necessary for compliance with the requirements of the NPDES permit.
[Ord. No. 3025, 8-7-2018]
A. Any discharge in violation of this Article is a nuisance.
B. Any illicit connection is a nuisance.