[Ord. No. 7034, 7-27-2023]
A.
Short Title. This Chapter shall be known and may be cited hereinafter
as the "Stormwater Code" of the City of O'Fallon, Missouri.
B.
Purpose. The purpose of this Chapter is to regulate and control stormwater
and stormwater infrastructure and matters relating thereto within
the City of O'Fallon in order to promote public safety, health
and general welfare of the community. These regulations are specifically
designed to:
1.
Provide for orderly growth and harmonious development of O'Fallon
consistent with established policies of the City.
2.
Coordinate the arrangement of stormwater infrastructure for
efficient and effective stormwater flow through existing and planned
infrastructure and through public facilities and private facilities.
3.
Define the appropriate roles for stormwater maintenance throughout
the City.
C.
General Provisions.
1.
Property owners shall not cause any public stormwater infrastructure
to be inaccessible to the City or blocked for any reason, including
by fences, grading, decks, vegetation and structures but not limited
to only these items.
a.
Fences are allowed as long as access is provided into the property
that allows for proper maintenance by the City.
b.
When maintenance access to stormwater infrastructure located
in easement or right-of-way is needed, any structures or other items
placed on easement or right-of-way which impedes said access shall
be moved at the property owner's expense.
[Ord. No. 7034, 7-27-2023]
A.
City of O'Fallon maintenance of stormwater infrastructure shall
only be provided when that infrastructure is dedicated to the City
and that dedication is accepted by the City. The acceptance of the
dedication of stormwater infrastructure by the City will be in the
form of an ordinance approved by the City Council.
B.
The Missouri Department of Transportation, St. Charles County, Railroads,
and any other governmental agency shall be responsible for the maintenance
of stormwater infrastructure located within their easements and rights-of-way
(ROW).
C.
Creeks, drainage ditches and surface flows are the maintenance responsibility
of the property owner where said creeks, drainage ditches and surface
flows are located.
D.
Stormwater infrastructure located on property zoned as commercial,
industrial and multi-family is the responsibility of the property
owner unless the infrastructure has been dedicated to the City for
maintenance and accepted by the City Council by ordinance.
E.
On properties zoned "R1," "R-1A," and "R-2," after accepting the dedication of the infrastructure, the City will be responsible for stormwater infrastructure within rights-of-way (ROW) and easements dedicated to the City. This is typically storm sewers [twelve (12) inches and larger], inlets and manholes. Detention basins, including the outfall structure, are the maintenance responsibility of the homeowners' association as defined in Chapter 405 of the City's Code of Ordinances. The pipes leaving a detention/retention basin are also to be maintained by the homeowners' association up to the point where it goes out to a creek, or where it leaves the property of the homeowners' association, or where it connects to another City sewer. Other legal arrangements can be made between private parties regarding the maintenance responsibility of storm sewers, and when these documents are created, they shall be recorded at the County Recorder of Deeds.
F.
Storm pipes located under driveways that allow drainage to pass from
one (1) side of the driveway to the other are the maintenance responsibility
of the driveway's property owner.
[Ord. No. 7034, 7-27-2023]
A.
Inspection, Maintenance and Acceptance by the City of O'Fallon.
1.
The City Engineer and/or his/her designee shall inspect or cause
to be inspected all stormwater detention facilities constructed within
the City of O'Fallon, Missouri. Through such inspections the
City Engineer and/or his/her designee shall ensure that the facilities
under construction are being constructed in accordance with the approved
plans for such development.
2.
Each owner of the property being developed or has been developed,
whose property has caused the increase in runoff that has necessitated
the need for detention, has the responsibility and duty to properly
operate and maintain any stormwater management system and/or detention
facility, which has not been accepted for maintenance by the City.
The responsibility of maintenance of the system and subdivision projects
shall remain with the developer until such time as the stormwater
management system escrow for such development has been released and
turned over to the homeowners' association or property owner(s)
of record. If there is no active homeowners' association, all
properties listed as part of the subdivision and/or development will
become responsible for maintenance. This will include all underground
detention facilities.
3.
Maintenance responsibility shall remain with the property owner(s) whose said property or development necessitated the need for detention. Regardless of ownership of said basin, should the developer, owner(s), association, or other entity responsible for maintenance choose to sell, abandon, or otherwise vacate their interest or ownership of the basin, this will in no way eliminate their maintenance responsibility of said basin unless they have provided for perpetual future maintenance separately. Said maintenance plan as referenced in Subsection (C)(4)(g)(1) of Section 405.240 of the Code of Ordinances shall be submitted to the City for approval.
4.
All such privately owned and maintained stormwater systems and/or
detention facilities shall be subject to periodic inspections by the
City Engineer and/or his/her designee. After an inspection by the
City Engineer and/or his/her designee, he/she determines whether or
not the conditions of the privately owned stormwater system and/or
detention facilities are safe and operating and functioning per the
approved plans.
a.
For underground detention facilities, the owner(s) shall be
required to submit an annual maintenance report to the City Engineer
verifying its condition and that it is operating and functioning per
the approved plans. Said inspection shall be performed by a competent
professional who is experienced in this type of work.
5.
If the privately owned stormwater systems and/or detention facility is found to be deficient and in need of compliance measures or maintenance, the property owner(s) will be notified and correction of such requested. Any corrections will be the responsibility as identified in Subsection (A)(3) above. Any cost incurred by the City, as a result of the City Engineer's actions, shall be assessed against the owner(s) of the system. Initially, the stormwater funds as set up in Subsection (D)(2) of Section 405.240 of the Code of Ordinances may be used to pay for any such emergency authorized by the City.
6.
After notification is provided to the owner(s) of any deficiencies
discovered from an inspection of a privately owned stormwater system
and/or detention facility, the owner(s) shall have thirty (30) days
or other time frame mutually agreed to between the City and the owner(s)
to correct the deficiencies. The City shall then conduct a subsequent
inspection to ensure completion of the repairs. If repairs are not
undertaken or not found to be done properly, then enforcement procedures
following this Section shall be followed.
7.
If, after inspection by the City, the condition of a privately
owned stormwater system and/or detention facility presents an immediate
danger to the public health or safety, because of an unsafe condition
or improper maintenance, the City shall take such action as may be
necessary to protect the public and make the facility safe. Any cost
incurred by the City, as a result of the City Engineer's actions,
shall be assessed against the owner(s) of the system.
a.
No modifications shall be made to any privately owned stormwater
system and/or detention facility, without a permit or other approval
from the City.
8.
Native Vegetation/Natural Basins. Should the owner(s) of a privately
owned stormwater system and/or detention facility want to alter original
construction to convert the system to provide increased water quality
benefits and have a more natural appearance, such alternatives must
be submitted by permit process to the City Engineer or his/her designee
for review of detention facility functionality and approval.
a.
Conversion examples include, but are not limited to, native
grasses, wildflowers, removal of concrete swales, or alteration of
outfall structures.
b.
If approved, the owner(s) shall prepare and submit a maintenance
schedule for the conversion. Modifications will be subject to inspection
during conversion and continue after acceptance.
c.
If approved, converted areas shall be excluded from mowing requirements as stated in Section 220.100, Weeds, but an alternative mowing/maintenance schedule shall be submitted and followed.
(1)
Annual mowing will be required in efforts to prevent the vegetation from becoming excessive and basins from getting overgrown. All conversion-permitted basins shall be mowed by November 1 of each year. Failure to meet this requirement will result in enforcement in accordance with Section 220.100.
e.
Under no circumstances does the altercation from a detention
facility to a native vegetation area waive the requirements for detention.
9.
Upon acceptance of public detention facilities by the City Council,
the stormwater detention facility may be dedicated to the City for
perpetual maintenance. Any such system shall include adequate perpetual
access and sufficient area for maintenance by the City personnel and
vehicles.
[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.
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The City Administrator may order that such work be completed
within a reasonable time from the date of the notice of violation.
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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.
