The City of Kalispell hereby adopts the following ordinance codified in this chapter, which shall be entitled REGULATION OF STORMWATER DISCHARGES.
(Ord. 1600, 4-2-2007; amd. Ord. 1831, 11-18-2019)
The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this chapter, except where the context clearly indicates a different meaning:
The City of Kalispell and its employees and agents as designated by the City Manager.
Activity that causes sediment laden water, concrete sawing wash water, wash water or drilling mud pumped from an excavation or structure and shall be treated as sediment laden runoff for erosion control purposes.
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 City of Kalispell and its employees designated by the City Manager with the authority to inspect or enforce stormwater compliance.
The federal Water Pollution Control Act (33 U.S.C. Section 1251 et seq.), and any subsequent amendments thereto.
Construction activities subject to MPDES construction permits and/or activities subject to City Construction Stormwater Permits. These include construction projects resulting in land disturbance in which the total volume of material disturbed, stored, disposed of or used as fill exceeds five cubic yards or the area disturbed exceeds 1,000 square feet. Such activities include, but are not limited to, clearing and grubbing, grading, excavating, and demolition.
The Montana Department of Transportation Erosion and Sediment Control Best Management Practices (BMP) Reference Manual and Field Manual, as amended from time to time.
Environmental Protection Agency.
Erosion and sediment control.
Completion of a project, site or building in accordance with City requirements and ordinances. In the case of a building, a certificate of occupancy is issued. In case of a subdivision, when the two year warranty and maintenance bond has been submitted and the appointed public works employee certifies all work is complete.
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.
Any direct or indirect non-stormwater discharge to the storm drain system, except as exempted in Section 23A-13 of this chapter.
An illicit connection is defined as:
Any drain or conveyance, whether on the surface or subsurface that allows an illegal discharge to enter the storm drain system, including, but not limited to, any conveyances that allows any non-stormwater discharge including sewage, process wastewater, and/or 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 that has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.
Activities subject to NPDES industrial stormwater permits as defined in 40 CFR, Section 122.26(b)(14).
Any activity, including, but not limited to, excavation, planting, tilling, and grading, which disturbs the natural or improved vegetative ground cover so as to expose soil to the erosive forces of rain, stormwater runoff or wind. All installations and maintenance of franchise utilities such as telephone, gas, electric, etc., shall be considered land disturbing activities.
The Montana Pollutant Discharge Elimination System as administered by the State Department of Environmental Quality.
The system of conveyances (including sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) owned and operated by the City of Kalispell and designed or used for collecting or conveying stormwater, and that is not used for collecting or conveying sewage.
A permit issued by EPA (or by a state under authority delegated pursuant to 33 U.S.C Section 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.
The National Pollutant Discharge Elimination System as administered by the Environmental Protection Agency.
A source of earth fill material used in the construction of embankments or other earth fill structures, that is located on another parcel of property within the City limits other than where the principal construction is occurring.
Deposit of soil material beyond the limits of the property undergoing land disturbing activity or in City streets, alleys or drainage facilities in an amount sufficient to constitute a threat to public safety and comfort or to the environment.
An area on another parcel of property, within the City limits, other than where the principal construction is occurring, where excess earth, rock or construction material is disposed.
Practices installed prior to final approval and maintained after final approval to prevent or minimize the erosion and deposit of soil materials. Such controls may include, but shall not be limited to, permanent seeding, sod, landscaping/vegetation, and hydroseed.
Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the ownerʼs 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; sediment, refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that same may cause or contribute to pollution; floatables; detergents, 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.
Best management practices (BMPs) which are used to control stormwater and potential pollutants in stormwater discharges that will occur after construction operations have been completed. Such controls may include, but shall not be limited to, biofiltration swale, bioretention, dispersion, extended detention basin, infiltration basin, proprietary treatment devices, and wet detention basin.
Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
Includes the property where the principal land disturbing activity is taking place, all adjacent property, off-site borrow areas, off-site spoil areas, off-site properties necessary for required utility extensions, and off-site areas for required street improvements.
A business entity, franchised utility company, developer, property owner, contractor or holder of a stormwater permit who is required to comply with the terms of this chapter.
An on-site or off-site location used by a contractor to store materials for a project, to assemble portions of equipment or structures, to store equipment or machinery, to park vehicles, or for other construction-related uses.
The suspension of all City permits with no approvals or inspections of work for the site or project being performed. Apart from stabilizing ESC BMPs, no work shall be done on the site.
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.
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. 1600, 4-2-2007; amd. Ord. 1831, 11-18-2019)