[R.O. 1988 § 15-53; Ord. No. 3500 § 2, 4-1-2002]
The purpose of this Article is to establish general requirements and principles for the maintenance and control of illicit storm sewer connections and illegal discharges into the municipal storm sewer system within the City of Rolla.
[R.O. 1988 § 15-54; Ord. No. 3500 § 2, 4-1-2002]
The standards set forth herein and promulgated pursuant to this Chapter are minimum standards; therefore, this Chapter does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants.
[R.O. 1988 §§ 15-55, 35-93 — 35-94; Ord. No. 2136 § 2, 2-12-1979; Ord. No. 2886 § 3, 12-7-1992; Ord. No. 3500 § 2, 4-1-2002]
(a) 
Prohibition Of Illegal Discharges.
(1) 
No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses 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 drain 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 groundwater, groundwater infiltration to storm drains, uncontaminated pumped groundwater, 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 PPM chlorine), firefighting activities, and any other water source not containing pollutants.
b. 
Discharges specified in writing by the City of Rolla as being necessary to protect public health and safety.
c. 
Dye testing is an allowable discharge, but requires a written notification to the City of Rolla 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 drain system.
(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 Chapter if the person connects a line conveying sewage to the municipal storm sewer system, or allows such a connection to continue.
(c) 
Roof Drain Connections.
(1) 
For all new construction, roof drains shall not be connected to streets, sanitary or storm sewers, or roadside ditches. Roof drains shall discharge to infiltration areas or vegetative Best Management Practices (BMPs) where practicable.
(d) 
Stormwater, Surface Water, Etc. — Discharge To Sanitary Sewer Prohibited. No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, including interior and exterior foundation drains, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.
(e) 
Discharge To Storm Sewers Or Approved Natural Outlet. Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the Public Works Director. Industrial cooling water or unpolluted process waters may be discharged on approval of the Public Works Director, to a storm sewer, combined sewer, or natural outlet.
[R.O. 1988 § 15-56; Ord. No. 3500 § 2, 4-1-2002]
Any person subject to an industrial or construction activity NPDES stormwater 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 Rolla prior to allowing of discharges to the municipal storm sewer system.
[R.O. 1988 § 15-57; Ord. No. 3500 § 2, 4-1-2002]
This Section applies to all facilities that have stormwater discharges associated with industrial activity, including construction activity.
(a) 
The City of Rolla shall be permitted to enter and inspect facilities subject to regulation under this Chapter as often as necessary to determine compliance with this Chapter.
(b) 
The City of Rolla shall have the right to set up on any permitted facility such devices as are necessary to conduct monitoring and/or sampling of the facility's stormwater discharge.
(c) 
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 of Rolla and shall not be replaced. The costs of clearing such access shall be borne by the operator.
(d) 
Unreasonable delays in allowing the City of Rolla access to a permitted facility is a violation of a stormwater discharge permit and of this Chapter. 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 City of Rolla reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this Chapter.
(e) 
If the City of Rolla has been refused access to any part of the premises from which stormwater is discharged, and they are able to demonstrate probable cause to believe that there may be a violation of this Chapter, 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 Chapter or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the City of Rolla may seek issuance of a search warrant from any court of competent jurisdiction.
[R.O. 1988 § 15-58; Ord. No. 3500 § 2, 4-1-2002]
The City of Rolla Public Works Department has adopted 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. (See Section 15-40 and Section 15-41 of this Chapter on Erosion and Sediment Control requirements.) 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 drain system or watercourses through the use of these structural and non-structural BMPs. Further, any person responsible for a property or premises, which is, or may be, the source of an illegal 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 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 for a regulated industry.
[R.O. 1988 § 15-59; Ord. No. 3500 § 2, 4-1-2002]
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, yard waste, 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, as specified in Article V, Stream Buffers.
[R.O. 1988 § 15-60; Ord. No. 3500 § 2, 4-1-2002]
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 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 the City of Rolla Police Department of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, said person shall notify the City of Rolla 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 Rolla 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.
[R.O. 1988 § 15-61; Ord. No. 3500 § 2, 4-1-2002]
(a) 
Whenever the City of Rolla finds that a person, firm, corporation or business has violated a prohibition or failed to meet a requirement of this Chapter, the City of Rolla may order compliance by written notice of violation to the responsible person. Such notice shall require without limitation:
(1) 
The performance of monitoring, analyses, and reporting;
(2) 
The elimination of illicit connections or illegal 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 or restoration must be completed. If the person notified as provided in this Section shall fail, neglect or refuse to comply with the same within the time specified in such notice, the designated officer shall report the same to the Council of the City. Thereupon the Council shall call and have a full and adequate hearing upon the matter, giving the affected parties at least fourteen (14) days written notice of the hearing. At such hearing any party may be represented by counsel, and all parties shall have an opportunity to be heard.
(c) 
After the hearing, if the evidence supports a finding based upon competent and substantial evidence that a violation exists, that the person having an interest was notified, and that the person failed to remediate or restore, the City Council shall issue an order based upon its findings of fact to its designated officer to proceed to remediate or restore by a designated governmental agency or a contractor and the expense thereof and fine shall be charged to the violator.