[Ord. No. 23-23, 12-5-2023]
A. 
Statement Of Purpose. The purpose of this Chapter is to provide for the health, safety, and general welfare of the citizens of the City of Lake Lotawana, Missouri, 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 Chapter 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 Chapter 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 discharges to the municipal separate storm sewer system; and
3. 
To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this Chapter.
[Ord. No. 23-23, 12-5-2023; Ord. No. 24-25, 10-15-2024]
For the purposes of this Chapter, the following shall mean:
AUTHORIZED ENFORCEMENT AGENCY
The City's Department of Public Works, including the employees or designees of the Director of the Department of Public Works and the Zoning Administrator.
BEST MANAGEMENT PRACTICES (BMPs)
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.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.
COMMON PLAN
Subdivision developments are considered to be a larger common plan of development or sale regardless of the size, ownership, or number of lots or parcels within the development. Each subdivision requires a permit to discharge stormwater if construction activities during the life of the development may disturb a cumulative total area equal to or greater than one (1.0) acre. New owners of lots or parcels that are less than one (1) acre in size and are within an authorized larger common plan of development must also be covered under a Missouri Department of Natural Resources (MDNR) General Operating Permit and a City permit.
CONSTRUCTION ACTIVITY
Activities subject to NPDES construction permits. These include construction projects resulting in land disturbance of one (1) acre or more. Such activities include, but are not limited to, clearing and grubbing, grading, excavating, and demolition.
HAZARDOUS MATERIALS
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.
ILLEGAL DISCHARGE
Any direct or indirect non-stormwater discharge to the storm drain system, except as exempted in Section 710.060(B) of this Chapter.
ILLICIT CONNECTIONS
An illicit connection is defined as either of the following:
1. 
Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system, including, but not limited to, any conveyances which allow any non-stormwater discharge, including sewage, process wastewater, and 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
2. 
Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.
INDUSTRIAL ACTIVITY
Activities subject to NPDES industrial permits as defined in 40 CFR § 122.26(b)(14).
LAND DISTURBANCE
Any activity that exposes soil, including, clearing, grubbing, grading, excavating, filling and other related activities.
MAINTENANCE AGREEMENT
Maintenance agreement means a legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater practices.
MUNICIPAL SEPARATE STORM SEWER SYSTEM or MS4
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 and designed or used for collecting or conveying stormwater, and that is not used for collecting or conveying sewage.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT
A permit issued by EPA [or by the State of Missouri under authority delegated pursuant to 33 U.S.C. § 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.
NON-STORMWATER DISCHARGE
Any discharge to the storm drain system that is not composed entirely of stormwater.
PERMIT
Permit means a State Land Disturbance Permit or a City Permit for activities involving building or development resulting in land disturbance greater than one (1) acre.
PERSON
Any individual, association, organization, partnership, firm., corporation or other entity recognized by law and acting as either the owner or as the owner's agent.
POLLUTANT
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; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution; floatables; 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.
PREMISES
Any building, lot, parcel of land, or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips.
PUBLIC WORKS DIRECTOR
The individual appointed by the City as the Public Works Director, City Engineer or a duly authorized representative.
STORM DRAINAGE SYSTEM
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.
STORMWATER
Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
STORMWATER POLLUTION PREVENTION PLAN
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.
WASTEWATER
Any water or other liquid, other than uncontaminated stormwater, discharged from a facility.
[Ord. No. 23-23, 12-5-2023]
A. 
This Chapter 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.
B. 
This Chapter is not intended to modify or repeal any other ordinance, rule, regulation, or other provision of law. The requirements of this Section are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of this Chapter imposes restrictions different from those imposed by any other ordinance, rule, regulation, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control.
[Ord. No. 23-23, 12-5-2023]
The City's Department of Public Works shall administer, implement, and enforce the provisions of this Chapter. Any powers granted or duties imposed upon the authorized enforcement agency may be delegated in writing by the director of the authorized enforcement agency to persons or entities acting in the beneficial interest of or in the employ of the agency.
[Ord. No. 23-23, 12-5-2023]
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.
[Ord. No. 23-23, 12-5-2023]
A. 
Prohibition Of Illegal Discharges. No person shall, directly or indirectly, 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 and as further outlined in Section(s) 700.300 and 700.310.
B. 
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 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 (1) PPM chlorine], fire fighting activities, and any other water source not containing pollutants.
2. 
Discharges specified in writing by the authorized enforcement agency as being necessary to protect public health and safety.
3. 
Dye testing is an allowable discharge, but requires a verbal notification to the authorized enforcement agency prior to the time of the test.
4. 
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.
C. 
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 MS4, or allows such a connection to continue.
D. 
The City may evaluate and remove any of the above said exemptions if it is determined that they are having an adverse impact.
[Ord. No. 23-23, 12-5-2023]
A. 
Suspension Due To Illicit Discharges In Emergency Situations. The Department of Public Works may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop 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.
B. 
Suspension Due To The Detection Of Illicit Discharge. Any person discharging to the MS4 in violation of this Chapter may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The authorized enforcement agency will notify a violator of the proposed termination of its MS4 access. The violator may petition the authorized enforcement agency for a reconsideration and hearing.
C. 
Commitment Of Offense. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this Section, without the prior approval of the authorized enforcement agency.
[Ord. No. 23-23, 12-5-2023]
A. 
Any person subject to a 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 Department of Public Works prior to the allowing of discharges to the MS4.
B. 
The operator of construction sites, required to have an NPDES permit to discharge stormwater associated with construction activity shall submit a copy of the notice of intent (NOI) to the Public Works Director at the same time the operator submits the original NOI to the EPA as applicable.
C. 
The copy of the NOI may be delivered to the Public Works Director either in person or by mailing it to:
Notice of Intent to Discharge Stormwater:
Public Works Director
City Hall
100 Lake Lotawana Road
Lake Lotawana, MO 64086
[Ord. No. 23-23, 12-5-2023]
A. 
Applicability. This Section applies to all facilities that have stormwater discharges associated with construction activity.
B. 
Establishment Of An Illicit Discharge Detection And Elimination (IDDE) Plan. The Department of Public Works is authorized to develop and implement a plan to actively detect and eliminate prohibited discharges and connections to the MS4 or surface waters within the City. Such plan may include, but is not limited to, periodic and random inspections of facilities, particularly those most associated with potentially prohibited discharges; visual surveys of exterior practices; inspection, sampling and analysis of discharges from outfalls of the MS4, particularly during dry weather periods; manhole and pipe inspections to trace discharges through the system to point of origin; education on pollution prevention, and receipt of complaints and information from the public regarding known or suspected discharges.
C. 
Access To Facilities.
1. 
The Department of Public Works or the Zoning Administrator (the "authorized enforcement agency") shall be permitted to enter and inspect facilities subject to regulation under this Chapter as often as may be necessary to determine compliance with this Chapter. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the authorized enforcement agency.
2. 
Facility operators shall allow the City's authorized enforcement agency 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 NPDES permit to discharge stormwater, and the performance of any additional duties as defined by State and Federal law.
3. 
The authorized enforcement agency shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the authorized enforcement agency to conduct monitoring and/or sampling of the facility's stormwater discharge.
4. 
The authorized enforcement agency has the right to require the discharger to 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 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 authorized enforcement agency and shall not be replaced. The costs of clearing such access shall be borne by the operator.
6. 
Unreasonable delays in allowing the authorized enforcement agency 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 authorized enforcement agency reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this Chapter.
7. 
If the authorized enforcement agency has been refused access to any part of the premises from which stormwater is discharged, and he/she is 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 authorized enforcement agency may seek issuance of a search warrant from any court of competent jurisdiction.
[Ord. No. 23-23, 12-5-2023]
The Department of Public Works (the "authorized enforcement agency") will adopt requirements identifying best management practices 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 premise, which is, or may be, the source of an illicit 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 separate 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 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.
[Ord. No. 23-23, 12-5-2023]
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.
[Ord. No. 23-23, 12-5-2023]
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 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 authorized enforcement agency 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 Department of Public Works 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.
[Ord. No. 23-23, 12-5-2023]
A. 
Notice Of Violation. Whenever the Department of Public Works finds that a person has violated a prohibition or failed to meet a requirement of this Chapter, the authorized enforcement agency may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:
1. 
The performance of monitoring, analyses, and reporting;
2. 
The elimination of illicit connections or 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 as set forth in the General Penalty Section[1] of the Municipal Code of the City of Lake Lotawana or the Comprehensive Schedule of Fees and Charges[2]; and
[1]
Editor's Note: See Section 100.220, General Penalty.
[2]
Editor's Note: See Section 100.230, Adoption of Schedule.
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. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator.
[Ord. No. 23-23, 12-5-2023]
Any person receiving a notice of violation may appeal the determination of the authorized enforcement agency. The notice of appeal must be received within ten (10) days from the date of the notice of violation. Hearing on the appeal before the Board of Aldermen shall take place within fifteen (15) days from the date of receipt of the notice of appeal. The decision of the municipal authority or their designee shall be final.
[Ord. No. 23-23, 12-5-2023]
If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within thirty (30) days of the decision of the municipal authority upholding the decision of the authorized enforcement agency, then representatives of the authorized enforcement agency shall enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above.
[Ord. No. 23-23, 12-5-2023]
A. 
Within thirty (30) days after abatement of the violation, the person and/or owner of the property will be notified of the cost of abatement, including administrative costs. The person and/or property owner may file a written protest objecting to the amount of the assessment within ten (10) days. If the amount due is not paid within a timely manner as determined by the decision of the municipal authority or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment.
B. 
Any person violating any of the provisions of this Chapter shall become liable to the City by reason of such violation. The liability shall be paid in not more than twelve (12) equal payments. Interest at the rate of five percent (5%) per annum shall be assessed on the balance beginning on the 31st day following discovery of the violation.
[Ord. No. 23-23, 12-5-2023]
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Chapter. If a person has violated or continues to violate the provisions of this Chapter, 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.
[Ord. No. 23-23, 12-5-2023]
In lieu of enforcement proceedings, penalties, and remedies authorized by this Chapter, the authorized enforcement agency may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc.
[Ord. No. 23-23, 12-5-2023]
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 Chapter 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.
[Ord. No. 23-23, 12-5-2023]
Any person that has violated or continues to violate this Chapter shall be liable to prosecution to the fullest extent of the law, and shall be subject to a penalty of five hundred dollars ($500.00) per violation per day and/or imprisonment for a period of time not to exceed three (3) months, or by both such fine and imprisonment and the costs of suit for a violation of the City Code. To the extent authorized by law, the authorized enforcement agency may recover all attorney's fees, court costs and other expenses associated with enforcement of this Chapter, including sampling and monitoring expenses. The prosecution is in addition to any other remedies set forth in this Chapter.
[Ord. No. 23-23, 12-5-2023]
The remedies listed, in this Chapter are not exclusive of any other remedies available under any applicable Federal, State or local law and it is within the discretion of the authorized enforcement agency to seek cumulative remedies.
Further, the remedies set forth herein are in addition to any remedies enforced by the State or Federal Government under State or Federal laws.
[Ord. No. 23-23, 12-5-2023; Ord. No. 24-25, 10-15-2024]
A. 
Permit Required.
1. 
No person(s) may undertake a land-disturbing construction activity without first obtaining a MDNR general operating permit and a City permit as outlined in this Section.
2. 
Previously Approved Development Plans. Projects having a final plan for development approved before this Section shall be exempt from the post construction maintenance agreement provisions of this Section. Annual inspection of post construction BMPs are required regardless of construction date.
3. 
The following shall be exempt from obtaining a State land disturbance permit:
a. 
Single lot residential development that is part of a larger common plan and owned by the final property owner and not by a home builder.
b. 
Single lot residential developments that are not part of a larger common plan for development.
c. 
Any emergency activity that is immediately necessary for the protection of life, property, or natural resources.
d. 
Agricultural land uses, however, this does not relieve any person from complying with any applicable erosion control standards of the United States Department of Agriculture Natural Resources Conservation Service or other Federal or State agency.
B. 
Permit Application. Unless specifically excluded by this Section or Section 440.110, any responsible party desiring a City permit(s) shall submit to the City a permit application(s) made on a form provided by the City for that purpose and shall include the following minimum requirements:
1. 
An erosion control plan, a stormwater pollution prevention plan, a post-construction stormwater management plan and a post construction maintenance agreement (where required).
2. 
All plans shall be prepared to meet the requirements of the design standards listed below.
3. 
A site-specific Stormwater Pollution Prevention Plan (SWPPP) that complies with this regulation, the Missouri Land Disturbance Stormwater General Operating Permit (MO-RAxxxxx) and the design standards, shall be prepared for the site along with a pdf set of all supporting plans, details, reports and documentation. The City Engineer shall be provided confirmation that the SWPPP has been prepared prior to beginning construction activities.
a. 
For any site where one (1) acre of more of land will be disturbed, including sites less than one (1) acre that are part of a larger common plan, the SWPPP and all other technical permit requirements are required to be prepared by a design professional recognized by the State of Missouri or EPA as qualified person to prepare a SWPPP. Additional guidance can be found in EPA’s "Developing Your Stormwater Pollution Prevention Plan A Guide for Construction Sites" (EPA-833-R-06-004, May 2007).
b. 
Completed SWPPP’s inspection reports are to be submitted to the City Engineer or designee(s) at the end of each week depending on the inspection frequency stated in the SWPPP.
4. 
The post-construction stormwater management plan shall be prepared to meet the requirements of the design standards listed, post-construction maintenance agreement and an operations and maintenance manual shall be prepared using the City's standard form to meet requirements.
5. 
Proposed schedule of work and duration of land disturbing activities on the site.
6. 
Proposed method of providing performance surety as required by provisions of this Section.
7. 
Any land disturbance fee, if applicable.
8. 
A copy of an approved Missouri general operating permit submitted to the City Engineer.
C. 
It shall be the duty of the permit holder to ensure that land-disturbing activities authorized by the permit be undertaken according to the approved plans and proposed schedule of work defined in the permit application. Modifications to the approved plan or proposed schedule of work that are not in compliance with the permit must resubmitted for approval. Minor modifications of the approved plan or proposed schedule of work may be authorized by the Public Works Director, or designee, without formal review provided those modifications are consistent with the design standards. Failure to adhere to the schedule or complete the work in accordance with the permit shall be:
1. 
A violation;
2. 
Subject the permit holder to additional fees; and
3. 
May result in the revocation of the permit and the issuance of a stop work order.
D. 
Prior to the expiration of the permit, the permit holder must request an extension or obtain a final inspection by the City for approval of the work to determine if the work complies with the SWPPP. A Request for Termination Form to MDNR must be completed and a copy of the confirmation letter from MDNR shall be provided to the City before the City’s permit shall be deemed closed.
E. 
Design Standards.
1. 
The City will require sites one (1) acre or greater or part of a larger common plan to establish stormwater management practices to improve water quality, control the peak flow rate of stormwater discharge and mimic preconstruction conditions to the maximum extent practicable. The City adopts the most current Edition of the American Public Works Association (APWA)/Mid-American Regional Council (MARC) Best Management Practices (BMP) Manual and KC Metro Chapter of APWA design standards.
2. 
The APWA/MARC BMP Manual includes acceptable stormwater practices, including the specific design criteria for each stormwater practice. Stormwater treatment practices that are designed and constructed in accordance with these design and sizing criteria will be presumed to meet the minimum water quality performance standards of the City's MS4 permit.
3. 
The BMP Manual also has requirements to protect sensitive areas such as wetlands and riparian areas, to maintain open spaces, to maintain buffer zones, to minimize impervious surfaces, to minimize disturbance of soils and vegetation, to minimize directly connected impervious areas, curve numbers for use with green infrastructure and tree preservation.
F. 
Permit Requirements.
1. 
All permits issued under this Section shall be subject to the following conditions, and holders of permits issued under this Section shall be deemed to have accepted these conditions. The Director of Public Works or their designee(s), may suspend or revoke a permit for violation of a permit condition, following written notification of the responsible party.
2. 
The responsible party shall follow the requirements of the Missouri general operating permit.
3. 
The responsible party shall design and install all structural and non-structural stormwater best management practices in accordance with the approved erosion control plan, the post-construction stormwater management plan and this permit.
4. 
The responsible party shall make additional notification according to a schedule set forth in the permit so that BMP installations can be inspected during construction.
5. 
Completed BMPs must pass a final inspection to determine if they are in compliance with the approved post-construction stormwater management plan and this Section. Inspection results shall be provided in writing.
6. 
The permit conveys to the Public Works Director or designee, the right to enter upon property in the permit as necessary to enforce the provisions in this Section.
G. 
Maintenance And Inspections.
1. 
Maintenance Of Control Measures. All erosion and sediment control measures set forth in the Stormwater Pollution Prevention Plan shall be maintained in good order at all times both during and after construction.
2. 
Routine Construction Site Inspections By The Permit Holder.
a. 
It is the duty of the permit holder to provide routine inspections of the land disturbing activities and maintain effective erosion and sediment control measures throughout the duration of the permit. Inspections shall be performed by a qualified erosion control specialist as prescribed in the SWPPP.
b. 
A log of all inspections shall be kept in the SWPPP, on site for the duration of the permit.
c. 
Any deficiencies shall be noted in the inspection report and the permit holder shall correct such deficiencies within a reasonable time not to exceed three (3) days unless extended by the Public Works Director for good cause.
3. 
Routine Construction Site Inspections By The City.
a. 
At the discretion of the Public Works Director but not less frequently that once per month, the appropriate City representative may undertake and conduct detailed inspection of the site, using the required oversight inspection checklist, erosion control plans, the stormwater pollution prevention plan, the appropriate design standards and approved permits.
b. 
Based on the oversight inspection checklist, the City may identify any and all violations of the terms and conditions of the plans and permits approvals.
c. 
The oversight inspections results will be kept in a MS4 Tracking Database for use in the City’s Annual MS4 Report.
4. 
Post Construction Inspections By The Permit Holder.
a. 
The owner or operator of the post-construction BMP must complete annual inspections. This inspection report shall be submitted by a licensed professional engineer on or before May 1 each year and mailed to the Public Works Director or designee(s).
b. 
If the annual inspection is not completed by July, the inspection will be completed by the MS4 operator, the billed inspection fee from the City’s representative or consultant will be billed to the BMP owner or operator.
H. 
Post Construction Inspections By The City.
1. 
A minimum of one (1) inspection shall be conducted during construction, and one (1) inspection before the site is finalized, to verify water quality facilities are built as designed and any applicable boundaries or practices for non-structural BMPs are being observed. These inspections will be conducted in combination with the regular site inspections.
2. 
After construction is completed the BMPs will be inspected.
3. 
A minimum of once in the first three (3) years after the installation by the MS4 operator.
I. 
Enforcement: Violations And Penalties.
1. 
Failure to comply with any requirement in this Section shall be deemed a violation and upon conviction thereof, shall be fined not more than five hundred dollars ($500.00) for each offense, and each day during which any violation of any of the provisions of this Section is committed, continued or permitted, shall constitute a separate offense.
2. 
The Director of Public Works, or their designee(s), shall notify the responsible party of any non-complying land-disturbing construction activity or post-construction runoff. The notice shall describe the nature of the violation, remedial actions needed, a schedule for remedial action, and additional enforcement action which may be taken.
3. 
Upon receipt of written or emailed notification from the Director of Public Works or their designee(s), the responsible party shall correct work that does not comply with the SWPPP, post-construction stormwater management plan or other provisions of this Section within three (3) business days. The responsible party shall make corrections as necessary to meet the specifications and schedule set forth by the Director in the notice. When failed or absent erosion and sediment control has resulted in mud, silt, gravel, dust or other debris entering into the public right-of-way, any drainage easement, alley, or other property, the remedial action required also shall include the restoration of the area disturbed to a neat and presentable condition and the removal of any debris or other pollutants caused by a failure to comply with the requirements of this Section and SWPPP.
4. 
If the violations of a permit issued pursuant to this Section are likely to result in damage to properties, public facilities, or waters of the State, the Director of Public Works may enter the land and take emergency actions necessary to prevent such damage. The costs incurred by the City, plus interest and legal costs, shall be billed to the responsible party or redeem the financial assurance to make the necessary corrections.
J. 
Stop Work Order Authorized.
1. 
The Director of Public Works, or their designee(s), is authorized to post a stop work order on all land-disturbing construction activity that is in violation of this Section or the SWPPP or if any one (1) or more of the following occurs:
a. 
Failure to comply with the written order to bring the site into compliance, correct a violation or restore a disturbed area within the time limits defined by the Director; or,
b. 
Failure to pay required fees; or
c. 
Failure to submit reports in accordance with this Section.
2. 
If the cause of a stop work order is not cured within a reasonable period, the permit may be revoked by the Director and thereafter no person shall continue any work described in the permit without first obtaining a new permit and paying a new permit fee.