This article shall apply to all water entering the storm drain system generated on any developed and undeveloped lands unless explicitly exempted by the City of Kalispell.
(Ord. 1634, 3-3-2008; amd. Ord. 1831, 11-18-2019)
The City of Kalispell, through the Office of City Manager and those he shall delegate within the Department of Public Works or as agents of the City shall administer, implement, and enforce the provisions of this article. Any powers granted or duties imposed upon the City of Kalispell may be delegated in writing by the City Manager to persons or entities acting in the beneficial interest of or in the employ of the City.
(Ord. 1634, 3-3-2008; amd. Ord. 1831, 11-18-2019)
A.
Prohibition of Illegal Discharges: No person shall throw, drain, or otherwise discharge, cause, or allow others under its control to throw, drain, or otherwise discharge into the MS4 any pollutants or waters containing any pollutants, other than stormwater. The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows:
1.
The following discharges are exempt from discharge prohibitions established by this article:
a.
A discharge or flow resulting from fire fighting by the Fire Department;
b.
A discharge or flow from lawn watering, or landscape irrigation;
c.
A discharge or flow from a riparian habitat or wetland;
d.
A discharge of flow from a diverted stream flows, or natural spring;
e.
Uncontaminated ground water infiltration, and rising ground waters;
f.
A discharge or flow from individual residential car washing;
g.
Uncontaminated discharge of flow from a foundation drain, crawl space pumps, or footing drains;
h.
A discharge of flow from a potable water sources not containing any harmful substance or material from the cleaning or draining of a storage tank or other container;
i.
A discharge or flow from air conditioning condensation that is unmixed with water from a cooling tower, emissions scrubber, emissions filter, or any other source of pollutant;
j.
De-chlorinated drainage from private residential swimming pool and hot tubs; drainage from swimming pool and hot tub filter backwash is prohibited.
2.
The following discharges are exempt from discharge prohibitions established by this article with written permission from the Director of Public Works:
a.
A discharge flow from water line flushing or disinfection that contains no harmful quality of total residual chlorine or any other chemical used in line disinfection;
b.
A discharge or flow of uncontaminated stormwater and groundwater pumped from an excavation;
c.
A discharge or flow from pumped uncontaminated groundwater;
d.
A discharge or flow from water used in street washing or cosmetic cleaning that is not contaminated with any soap, detergent, degreaser, solvent, emulsifier, dispersant, or any other harmful cleaning substance;
e.
Discharges associated with dye testing;
f.
Discharges associated with non-commercial or charity car washes.
3.
The prohibition shall not apply to any non-stormwater discharge permitted under an MPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Montana Department of Environmental Quality (DEQ) 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 also been granted for such discharge to the storm drain system by the City of Kalispell Director of Public Works.
B.
Prohibition of Illicit Connections:
1.
The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited.
2.
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.
3.
A person is considered to be in violation of this article if the person connects a line conveying sewage to the MS4, or allows such a connection to continue.
4.
Improper connections in violation of this article must be disconnected and redirected, if necessary, to an approved onsite wastewater management system or the sanitary sewer system upon approval of the Public Works Department.
5.
Any drain or conveyance that has not been documented in plans, maps or equivalent, and which may be connected to the storm sewer system, shall be located by the owner or occupant of that property upon receipt of written notice of violation from the City of Kalispell requiring that such locating be completed. Such notice will specify a reasonable time period within which the location of the drain or conveyance is to be determined, that the drain or conveyance be identified as storm sewer, sanitary sewer or other, and that the outfall location or point of connection to the storm sewer system, sanitary sewer system or other discharge point be identified. Results of these investigations are to be documented and provided to the City of Kalispell Public Works Department.
(Ord. 1634, 3-3-2008; amd. Ord. 1831, 11-18-2019)
Every person owning property through which a watercourse passes, or such personʼs lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, yard waste, 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. 1634, 3-3-2008; amd. Ord. 1831, 11-18-2019)
Submission of Notice of Intent (NOI), Stormwater Pollution Prevention Plan (SWPPP) and Confirmation Letter from the State Department of Environmental Quality (DEQ) to City of Kalispell:
A.
Any person subject to an industrial or construction activity MPDES discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the City of Kalispell Public Works prior to the allowing of discharges to the MS4.
B.
The operator of a facility, including construction sites, required to have an MPDES permit to discharge stormwater associated with industrial activity shall submit a copy of the Notice of Intent (NOI), Stormwater Pollution Prevention Plan (SWPPP), and Confirmation Letter from the State Department of Environmental Quality (DEQ) to the City of Kalispell Public Works Department at the same time the operator submits the original NOT and SWPPP to the State Department of Environmental Quality (DEQ) as applicable.
C.
The copy of the NOI, SWPPP shall be delivered electronically to the City of Kalispell Public Works Department.
D.
A person commits a violation of this chapter if the person operates a facility that is discharging stormwater associated with industrial activity without having submitted a copy of the NOI, SWPPP, and Confirmation Letter from the State Department of Environmental Quality (DEQ) to the City of Kalispell Public Works Department.
(Ord. 1634, 3-3-2008; amd. Ord. 1831, 11-18-2019)
A.
Right of Entry: Inspection and Sampling: The City of Kalispell shall be permitted to enter and inspect facilities subject to regulation under this article as often as may be necessary to determine compliance with this article.
1.
If a discharger has security measures in force that require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the City.
2.
Facility operators shall allow the City of Kalispell 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 MPDES permit to discharge stormwater, and the performance of any additional duties as defined by State and Federal law.
3.
The City shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the City to conduct monitoring and/or sampling of the facilityʼs stormwater discharge.
4.
The City has the right to require the discharger to install monitoring equipment as necessary. The facilityʼs 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 at the written or oral request of the City and shall not be replaced. The costs of clearing such access shall be borne by the operator.
6.
Unreasonable delays in allowing the City access to a permitted facility is a violation of a stormwater discharge permit and of this article. A person who is the operator of a facility with an MPDES permit to discharge stormwater associated with industrial activity commits an offense if the person denies the City reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this article.
B.
Search Warrants: If the City has been refused access to any part of the premises from which stormwater is discharged, and it is able to demonstrate probable cause to believe that there may be a violation of this article, 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 this article or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the City may seek issuance of a search warrant from any court of competent jurisdiction.
(Ord. 1634, 3-3-2008; amd. Ord. 1831, 11-18-2019)
The City of Kalispell will adopt requirements identifying best management practices for any activity, operation, or facility that may cause or contribute to pollution or contamination of stormwater, the storm drain system, or waters of the United States. The owner or operator of such activity, operation, or facility 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 these structural and non-structural BMPs. Further, any person responsible for a property or premises that is, or may be, the source of an illicit discharge, may be required to implement, at said personʼs expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the MS4. Compliance with all terms and conditions of a valid MPDES 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 storm pollution prevention plan (SWPPP) as necessary for compliance with requirements of the MPDES permit.
(Ord. 1634, 3-3-2008; amd. Ord. 1831, 11-18-2019)
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 waters of the United States, 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 City of Kalispell Director of Public Works 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 of Kalispell Department of Public Works within seven 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 five years. Failure to provide notification of a release as provided above is a violation of this chapter.
(Ord. 1634, 3-3-2008; amd. Ord. 1831, 11-18-2019)