(a)
The purpose of this article shall be to prevent the discharge of
pollutants from land and activities within the City into the municipal
separate storm sewer system (MS4) and/or into surface waters.
(b)
The governing body of the City hereby finds that pollutants are discharged
into surface waters both through inappropriate nonstormwater discharges
into the MS4 or the surface waters directly and through the wash off
and transport of pollutants found on the land and built surfaces by
stormwater during rainfall events.
(c)
Further, the governing body of the City hereby finds that such discharge
of pollutants may lead to increased risks of disease and harm to individuals,
particularly children, who come into contact with the water; may degrade
the quality of such water for human uses, such as drinking, irrigation,
recreation, and industry; and may damage the natural ecosystems of
rivers, streams, lakes and wetlands, leading to a decline in the diversity
and abundance of plants and animals.
(d)
Further, the governing body of the City hereby finds that this chapter
will promote public awareness of the hazards involved in the improper
discharge of trash, yard waste, lawn chemicals, pet waste, wastewater,
oil, petroleum products, cleaning products, paint products, hazardous
waste, sediment and other pollutants into the storm drainage system.
(e)
Further, the governing body of the City hereby finds that such discharges
are inconsistent with the provisions and goals of the Clean Water
Act,[1] the National Pollutant Discharge Elimination System (NPDES),
and other federal and state requirements for water quality and environmental
preservation.
[1]
Editor's Note: See 33 U.S.C. § 1251 et seq.
(f)
Further, the governing body of the City hereby finds that a reasonable
establishment of restrictions and regulations on activities within
the City is necessary to eliminate or minimize such discharges of
pollutants, to protect the health and safety of citizens, to preserve
economic and ecological value of existing water resources within the
City and within downstream communities, and to comply with the provisions
of the City's responsibilities under the Clean Water Act and
the NPDES program.
The following abbreviations, when used in this article, shall
have the designated meanings:
Best management practice.
Code of Federal Regulations.
Environmental Protection Agency.
Household hazardous waste.
Kansas Department of Health and Environment.
Municipal separate storm sewer system.
National Pollutant Discharge Elimination System.
Petroleum storage tank.
For the purposes of this article, the following definitions
shall apply:
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.
Any passenger car (as defined in K.S.A. 8-1445, as amended),
passenger van, van, pickup truck, motorcycle, recreational vehicle,
truck, tractor trailer, conveyance, motor home, or vehicle, including,
but not limited to, any device defined as a "motor vehicle" in K.S.A.
8-2401, as amended.
The City of Mission Woods, Kansas.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
The City of Mission Woods City Code.
The Director of Public Works or the Director's authorized
representative.
The addition or introduction, directly or indirectly, of
any pollutant, stormwater, or any other substance into the MS4 or
surface waters.
Human excrement, gray water (from home clothes washing, bathing,
showers, dishwashing, and food preparation), other wastewater from
household drains, and water-borne waste normally discharged from the
sanitary conveniences of dwellings (including apartment houses and
hotels), office buildings, retail and commercial establishments, factories,
and institutions, that is free from industrial waste.
Any substance listed in the appendixes to 40 CFR Part 355,
Emergency Planning and Notification.
A substance or compound that contains a plant nutrient element
in a form available to plants and which is used primarily for its
plant nutrient element content in promoting or stimulating growth
of a plant or improving the quality of a crop, or a mixture of two
or more fertilizers.
Any material generated in a household (including single and
multiple residences) by a consumer which, except for the exclusion
provided in 40 CFR 261.4(b)(1), would be classified as a hazardous
waste under 40 CFR Part 261 or K.A.R 28-29-23.
Any substance listed in Table 302.4 of 40 CFR Part 302.
Any substance identified or listed as a hazardous waste by
the EPA pursuant to 40 CFR Part 261.
Any water-borne liquid or solid substance that results from
any process of industry, manufacturing, mining, production, trade,
or business.
The system of conveyances (including roads with drainage
systems, municipal streets, private streets, catch basins, curbs,
gutters, ditches, man-made channels, or storm drains) owned and operated
by the City and designed or used for collecting or conveying stormwater,
and which is not used for collecting or conveying sewage.
The national program for issuing, modifying, revoking and
reissuing, terminating, monitoring and enforcing permits and imposing
and enforcing pretreatment requirements under Sections 307, 402, 318
and 405 of the Federal Clean Water Act.
For the purpose of this chapter, a permit issued by the United
States Environmental Protection Agency (EPA) or the State of Kansas
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 kind of oil in any form, including, but not limited to:
petroleum, fuel oil, crude oil, synthetic oil, motor oil, bio-fuel,
cooking oil, grease, sludge, oil refuse, and oil mixed with waste.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint-stock company, trust, estate, governmental
entity, or any other legal entity, or their legal representatives,
agents, or assigns, including all federal, state, and local governmental
entities.
A substance or mixture of substances intended to prevent,
destroy, repel, or migrate any pest, or substances intended for use
as a plant regulator, defoliant, or desiccant.
A product that is obtained from distilling and processing
crude oil and that is capable of being used as a fuel or lubricant
in a motor vehicle, boat or aircraft, including motor oil, motor gasoline,
gasohol, other alcohol blended fuels, aviation gasoline, kerosene,
distillate fuel oil, and diesel fuel.
Any substance or material which contaminates or adversely
alters the physical, chemical or biological properties of the waters,
including changes in temperature, taste, odor, turbidity, or color
of the water. Such substance or material may include, but is not limited
to, dredged spoil, spoil waste, incinerator residue, sewage, pet and
livestock waste, garbage, sewage sludge, munitions, chemical waste,
biological materials, radioactive materials, heat, wrecked or discarded
equipment, rock, sand, soil, yard waste, hazardous household wastes,
oil and petroleum products, used motor oil, antifreeze, litter, pesticides,
and industrial, municipal, and agricultural waste discharged into
water.
The named property owner as indicated by the records of the
Johnson County, Kansas, Office of Records and Tax Administration.
Any spilling, leaking, pumping, pouring, emitting, emptying,
discharging, injecting, escaping, leaching, dumping, or disposing
into the MS4 and/or surface waters.
The system of pipes, conduits, and other conveyances which
carries industrial waste and domestic sewage from residential dwellings,
commercial buildings, industrial and manufacturing facilities, and
institutions, whether treated or untreated, to a sewage treatment
plant and to which stormwater, surface water, and groundwater are
not intentionally admitted.
Any domestic sewage from holding tanks such as vessels, chemical
toilets, campers, trailers, and septic tanks.
The domestic sewage and/or industrial waste that is discharged
into the sanitary sewer system and passes through the sanitary sewer
system to a sewage treatment plant for treatment.
The State of Kansas.
Stormwater runoff, snow melt runoff, and surface runoff and
drainage.
Any body of water classified as "surface waters" by the State
of Kansas, including streams, rivers, creeks, brooks, sloughs, draws,
arroyos, canals, springs, seeps, cavern streams, alluvial aquifers
associated with these surface waters, lakes, man-made reservoirs,
oxbow lakes, ponds, and wetlands, as well as any other body of water
classified by the federal government as a "water of the United States."
Any garbage, refuse, sludge or other discarded material which
is abandoned or committed to treatment, storage or disposal, including
solid, liquid, semisolid or contained gaseous materials resulting
from industrial, commercial mining, community and agricultural activities.
Waste does not include solid or dissolved materials in domestic sewage
or irrigation return flows or solid or dissolved materials or industrial
discharges which are point sources subject to permits under the State
of Kansas. The federal definition of solid waste is found at 40 CFR
257.2.
The law or regulation that consists of the beneficial designated
use or uses of a water body, the numeric and narrative water quality
criteria that are necessary to protect the use or uses of that particular
water body, and an antidegradation statement.
(a)
No person shall release or cause to be released into the MS4, or
into any surface waters within the City, any discharge that is not
composed entirely of stormwater that is free of pollutants, except
as allowed elsewhere herein.
(b)
Notwithstanding any other provisions of this article, any discharge
shall be prohibited by this article if the discharge in question has
been determined by the Director to be a source of a pollutant to the
MS4 or to surface waters, written notice of such determination has
been provided to the property owner or person responsible for such
discharges, and the discharge has occurred more than 10 days beyond
such notice.
The specific prohibitions and requirements in this section are
not inclusive of all the discharges prohibited by the general prohibition
herein but are provided to address specific discharges that are frequently
found or are known to occur.
(a)
No person shall release or allow to be released any of the following
substances into the MS4:
(1)
Any new or used petroleum product or oil.
(2)
Any industrial waste.
(3)
Any hazardous substance or hazardous waste, including household
hazardous waste.
(4)
Any domestic sewage or septic tank waste, grease trap or grease
interceptor waste, holding tank waste, or grit trap waste.
(5)
Any garbage, rubbish or other waste.
(6)
Any new or used paints, including latex-based paints, oil-based
paints, stains, varnish, and primers, as well as cleaning solvents
and other associated products.
(7)
Any yard wastes which have been moved or gathered by a person.
(8)
Any wastewater that contains soap, detergent, degreaser, solvent,
or surfactant-based cleaner from a commercial motor vehicle wash facility;
from any vehicle washing, cleaning, or maintenance at any new or used
motor vehicle dealership, rental agency, body shop, repair shop, or
maintenance facility, or from any washing, cleaning, or maintenance
of any business or commercial or public service vehicle, including
a truck, bus or heavy equipment.
(9)
Any wastewater from a commercial mobile power washer or from
the washing or other cleaning of a building exterior that contains
soap, detergent, degreaser, solvent, or any surfactant-based cleaner.
(10)
Any wastewater from commercial floor, rug, or carpet cleaning.
(11)
Any wastewater from the washdown or other cleaning of pavement
that contains any soap, detergent, solvent, degreaser, emulsifier,
dispersant, or other cleaning substance; or any wastewater from the
washdown or other cleaning of any pavement where any spill, leak,
or other release of oil, motor fuel, or other petroleum or hazardous
substance has occurred, unless all such materials have been previously
removed.
(12)
Any effluent from a cooling tower, condenser, compressor, emissions
scrubber, emission filter, or the blowdown from a boiler.
(13)
Any ready-mixed concrete, mortar, ceramic, or asphalt base material
or discharge resulting from the cleaning of vehicles or equipment
containing or used in transporting or applying such material.
(14)
Any runoff, washdown water or waste from any animal pen, kennel,
fowl or livestock containment area or any pet wastes generally.
(15)
Any filter backwash from a swimming pool or fountain, except
that nothing in this article shall be construed as to require the
alteration of the filter discharge plumbing of an existing swimming
pool, fountain or spa if such plumbing was compliant with applicable
state, federal, and local regulations at the time of construction.
(16)
Any swimming pool, fountain or spa water containing a harmful
level of chlorine, muriatic acid or other chemical used in the treatment
or disinfection of the water or during cleaning of the facility.
(17)
Any discharge from water line disinfection by superchlorination
if it contains a harmful level of chlorine at the point of entry into
the MS4 or surface waters.
(18)
Any contaminated runoff from a vehicle wrecking or storage yard.
(19)
Any substance or material that will damage, block, or clog the
MS4.
(20)
Any release from a petroleum storage tank (PST), or any leachate
or runoff from soil contaminated by leaking PST, or any discharge
of pumped, confined, or treated wastewater from the remediation of
any such PST release, unless the discharge has received an NPDES permit
from the state.
(21)
Any other discharge that causes or contributes to causing the
City to violate a state water quality standard, any City NPDES stormwater
permit or authorization, or any state-issued discharge permit for
discharges from its MS4.
(b)
No person shall introduce or cause to be introduced into the MS4
any harmful quantity of sediment, silt, earth, soil, or other material
associated with clearing, grading, excavation or other construction
activities in excess of what could be retained on site or captured
by employing sediment and erosion control measures, except as allowed
for in conformance with the Mission Woods Municipal Code.
(c)
No person shall connect a line conveying sanitary sewage, domestic
or industrial, to the MS4. No property owner shall allow such a connection
to continue in use on his or her property.
(d)
No person shall use pesticides, herbicides, or fertilizers except
in accordance with manufacturer recommendations. Pesticides, herbicides,
and fertilizers shall be stored, transported, and disposed of in a
manner to prevent release to the MS4.
(e)
No person shall tamper with, destroy, vandalize, or render inoperable
any BMPs which have been installed for the purpose of eliminating
or minimizing pollutant discharges, nor shall any person fail to install
or fail to properly maintain any BMPs which have been required by
the City or by other local, state, or federal jurisdictions.
(a)
Unless identified by the City or KDHE as a significant source of
pollutants to surface water, the following nonstormwater discharges
are deemed acceptable and not a violation of this article:
(1)
Water line flushing.
(2)
Diverted stream flow.
(3)
Rising groundwater.
(4)
Uncontaminated groundwater infiltration, as defined under 40
CFR 35.2005(20), to separate storm sewers.
(5)
Uncontaminated pumped groundwater.
(6)
Contaminated groundwater if authorized by KDHE and approved
by the City.
(7)
Discharges from potable water sources.
(8)
Foundation drains.
(9)
Air-conditioning condensate.
(10)
Irrigation waters.
(11)
Springs.
(12)
Water from crawl space pumps.
(13)
Footing drains.
(14)
Individual residential car washing.
(15)
Flows from riparian habitats and wetlands.
(16)
Dechlorinated swimming pool discharges, excluding filter backwash.
(17)
Street washwaters (excluding street sweepings which have been
removed from the street).
(18)
Discharges or flows from emergency fire-fighting activities.
(19)
Heat pump discharge waters (residential only).
(20)
Treated wastewater or other discharges meeting requirements
of an NPDES permit.
(21)
Periodic and temporary application of substances by the City
to the rights-of-way of the City for traffic safety or to protect
the health, safety, and welfare of the citizens, as prescribed by
the Director of Public Works.
(22)
Other discharges determined not to be a significant source of
pollutants to waters of the state, a public health hazard or a nuisance.
(23)
Discharges specified in writing by the Director as being necessary
to protect public health and safety.
The Director is authorized to develop and implement a plan to
actively detect and eliminate prohibited discharges and connections
to the MS4 or surface waters within the City. Such plan may include,
but is not limited to, periodic and random inspections of facilities
and businesses, particularly those most associated with potentially
prohibited discharges; visual surveys of exterior practices; inspection,
sampling and analyses of discharges from outfalls of the MS4, particularly
during dry weather periods; manhole and pipe inspections to trace
discharges through the system to point of origin; education on pollution
prevention; and receipt of complaints and information from the public
regarding known or suspected discharges.
(a)
Any person responsible for the release of any prohibited material
that may flow, leach, enter, or otherwise be introduced into the MS4
or surface waters shall take all necessary steps to ensure the containment
and cleanup of such release.
(b)
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.
(c)
In the event of a release of nonhazardous materials, said person
shall notify the Director 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 Director
within three business days of the phone notice.
The Director or his or her appointed representative shall be
designated as the public officer charged with the administration and
enforcement of this article. The public officer shall authorize the
investigation of violations of the Article. If it is determined that
a violation of this article exists, then the officer shall declare
such condition a nuisance and is authorized to pursue abatement and
enforcement procedures as specified in the Mission Woods Municipal
Code. In addition to the remedies and penalties otherwise prescribed
in this article, the City may abate any nuisance in the manner set
forth in K.S.A. 12-1617e, or amendments thereto, providing for the
abatement of nuisances and the assessment of costs, or may repair
or remove any unsafe or dangerous structure in the manner set forth
in K.S.A. 12-1750 et seq., or amendments thereto, providing for the
repair or removal of unsafe or dangerous structures, or may take such
action as may otherwise be provided by law or the Code of the City.
