[Ord. No. 7034, 7-27-2023]
A. Purpose And Intent. The purpose of this Section is to provide for the health, safety and general welfare of the citizens of the City of O'Fallon through the regulation of non-stormwater discharges to the storm drainage system to the maximum extent practicable as required by Federal and State law. This Section 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 Section 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 illicit discharges to the municipal separate storm sewer system (MS4).
3. To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this Section.
B. Applicability. This Section shall apply to all water entering the storm drain system generated on any developed and undeveloped lands unless explicitly exempted by an authorized enforcement agency.
C. Responsibility For Administration. The City of O'Fallon shall administer, implement and enforce the provisions of this Section. Any powers granted or duties imposed upon the City Administrator may be delegated by the City Administrator to persons or entities acting in the beneficial interest of or in the employ of the City.
D. Severability. The provisions of this Section are hereby declared to be severable. If any provision, clause, sentence or paragraph of this Section or the application thereof to any person, establishment or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this Section.
E. Ultimate Responsibility. The standards set forth herein and promulgated pursuant to this Section are minimum standards; therefore, this Section does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution nor unauthorized discharge of pollutants.
F. Discharge Prohibitions.
1. Prohibition Of Illegal Discharges. 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.
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 Section: 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, sump pumps (not including active groundwater dewatering systems), crawl space pumps, air-conditioning condensation, springs, non-commercial washing of vehicles, natural riparian habitat or wetland flows, swimming pools [if dechlorinated - typically less than one (1) PPM chlorine], firefighting activities and any other water source not containing pollutants.
b. Discharges specified in writing by the authorized enforcement agency as being necessary to protect public health and safety.
c. Dye testing is an allowable discharge, but requires a verbal notification to the authorized enforcement agency 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 Missouri Department of Natural Resources (MDNR) and other applicable laws and regulations and provided that written approval has been granted for any discharge to the storm drain system.
2. Prohibition Of Illicit Connections.
a. The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited.
b. 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.
c. A person is considered to be in violation of this Section if the person connects a line conveying sewage to the MS4 or allows such a connection to continue.
G. Suspension Of MS4 Access.
1. Suspension Due To Illicit Discharges In Emergency Situations. The City of O'Fallon may, with appropriate notice, suspend MS4 discharge access to a person in order to prevent an actual or threatened discharge which presents or may present imminent and substantial danger to the environment or to the health or welfare of persons or to the MS4 or waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the authorized enforcement agency may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the United States or to minimize danger to persons.
2. Suspension Due To The Detection Of Illicit Discharge. Any discharge to the MS4 in violation of this Section may result in termination of MS4 access. If such termination would abate or reduce an illicit discharge, the City shall notify the violator of the proposed termination of its MS4 access. The violator may petition or request a hearing before the City Council, but must suspend the illicit discharge until after the reconsideration and hearing are held.
3. A person commits an offense, if the person reinstates MS4 access to premises suspended or terminated pursuant to this Section without the prior approval of the authorized enforcement agency.
H. Industrial Or Construction Activity Discharges. 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 O'Fallon prior to the allowing of discharges to the MS4.
I. Monitoring Of Discharges.
1. Applicability. This Section applies to all facilities that have stormwater discharges associated with industrial activity, including construction activity.
2. Access To Facilities And Records.
a. Facility operators shall provide to the City of O'Fallon copies of records that must be kept under the conditions of an NPDES permit to discharge stormwater.
b. Upon consent of the property owner, the City of O'Fallon may install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition in by the discharger at its own expense; however, such equipment shall remain the property of the City of O'Fallon. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy. No person shall damage such equipment or alter such equipment so that proper results cannot be obtained.
c. If the City of O'Fallon has been refused access to any part of the premises from which stormwater is discharged or if the property owner is not available to give consent to access the premises, the City may, upon demonstrating probable cause to believe that there may be a violation of this Section or a need to inspect and/or sample to verify compliance with this Section or any order issued hereunder, seek issuance of an administrative search warrant from any court of competent jurisdiction.
J. Requirement To Prevent, Control And Reduce Stormwater Pollutants By The Use Of Best Management Practices (BMPs). The City of O'Fallon will adopt requirements identifying best management practices (BMPs) for any activity, operation or facility which 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 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 illicit discharge, will 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 separate storm sewer system (MS4). 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 compliance with the provisions of this Section. These BMPs shall be part of a Stormwater Pollution Prevention Plan (SWPP) as necessary for compliance with requirements of the NPDES permit.
K. Watercourse Protection. 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, 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.
L. Notification Of Spills. 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 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 O'Fallon 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.
M. Enforcement.
1. Notice Of Violation. Whenever the City Administrator finds that a person has violated a prohibition or failed to meet a requirement of this Section, the City Administrator may order compliance by written notice of violation to the responsible person. Such notice and order may require without limitation:
a. The performance of monitoring, analyses and reporting;
b. The elimination of illicit connections or discharges;
c. That violating discharges, practices or operations shall cease and desist;
d. The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property; and
e. The implementation of source control or treatment BMPs.
The City Administrator may order that such work be completed within a reasonable time from the date of the notice of violation. |
2. If the property owner fails to abate the violation and/or restore the affected property within the time prescribed following notice or appeal, the work may be done by the City or a contractor designated by the City Administrator and the expense in accordance with the City's procedures for abatement of a nuisance. The property owner shall be responsible for all costs of such work.
N. Appeal Of Notice Of Violation. Any person receiving a notice of violation may appeal the determination and order of the City Administrator. The notice of appeal must be received within thirty (30) days from the date of the notice of violation. Hearing on the appeal before the City Council or its designee shall take place within thirty (30) days from the date of receipt of the notice of appeal. Any aggrieved party shall then be entitled to judicial review in accordance with the provisions of the Missouri Administrative Procedures Act.
O. Injunctive And Other Relief. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Section. If a person has violated or continues to violate the provisions of this Section, the authorized enforcement agency may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation. In addition, the authorized enforcement agency may utilize any remedy, at law or in equity, in order to enforce the provisions of this Section. The City may recover all attorneys' fees, court costs and other expenses associated with enforcement of this Chapter, including sampling and monitoring expenses.
P. Violations Deemed A Public Nuisance. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this Section is a threat to public health, safety and welfare and is declared and deemed a nuisance and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken.
Q. Prosecution For Violations. Any person that has violated or continues to violate this Section shall be liable to prosecution to the fullest extent of the law and, upon conviction, shall be subject to a fine in an amount not to exceed five hundred dollars ($500.00) per charge and/or imprisonment for a period of time not to exceed ninety (90) days per charge.
R. Remedies Not Exclusive. The remedies listed in this Section are not exclusive of any other remedies available under any applicable Federal, State or local law, and it is within the discretion of the City to seek cumulative remedies.