[Ord. No. 2281, 12-20-2023]
A. 
No property owner or their designee (contractor, etc.) shall engage in any land-disturbing activity or any other action which causes or permits any soil, mud, earth, sand, gravel, rock, stone, concrete or other materials, debris or liquids to be deposited, dropped upon or to roll, flow, stand or wash upon or over any public street, street improvement, road, sewer, storm drain, watercourse, right-of-way, or any other public or private property in a manner to interfere with the use of such property, or which creates a nuisance or a hazardous condition which is detrimental to the property, health, safety and welfare of the public.
B. 
No property owner or their designee (contractor, etc.) shall, when hauling soil, earth, sand, gravel, mud, rock, stone, concrete, building materials or any other materials, debris or liquids over any public street, road, alley, allow such materials or liquids to blow, drop, be placed or spill over and upon such street, road, alley, public property without permission from the City of Dardenne Prairie.
C. 
The operator of equipment engaged in hauling shall not permit soil, mud, earth, sand, gravel, rock, stone, concrete or other materials to fall from the vehicle or equipment upon any street, road, alley or public property without written permission from the City of Dardenne Prairie.
D. 
No person shall operate a vehicle hauling rock, sand, gravel, dirt or similar material over any street or roadway unless there is a tarp or similar covering pulled over the load unless permission is obtained from the City of Dardenne Prairie.
E. 
All matter or objects described in this Section shall be immediately removed in a prompt and on-going manner as it occurs and not as a cumulative effort at the end of the day or project.
F. 
Such property owner who causes any soil, mud, earth, sand, gravel, rock, stone, concrete or other materials, debris or liquids to be deposited or to roll, flow, wash or drop onto any public street, road, alley or other public or private property shall be directed to immediately remove such materials or liquids; and any person failing or refusing to do so shall be subject to a "stop work order" issued by the City Engineer being placed on such project until such time as the violation has been corrected.
G. 
The employee and their firm, contractor, subcontractor and/or supplier found to be in violation of any provision of this Section shall be required to present to the Board of Aldermen, at their next regularly scheduled meeting, explanation of why such violation occurred and provision for correcting such violation in the future.
[Ord. No. 2281, 12-20-2023]
A. 
Definitions. As used in this Section, the following terms shall have these prescribed meanings:
OPERATOR
Any person in control of, or having responsibility for, the operation of an underground storage tank.
OWNER
Any person who owns an underground storage tank in the City on or after the effective date of this Section. The term does not include any person who, without participating in the operation of an underground storage tank or not engaged in petroleum production, refining or marketing, holds indicia of ownership solely to protect a security interest in or lien on the underground storage tank or the property where the underground storage tank is located.
UNDERGROUND STORAGE TANK
Any one (1) or more vessels, including any pipes connected thereto, used to contain an accumulation of petroleum products and the volume of which, including the volume of the underground pipes connected thereto, is ten percent (10%) or more beneath the surface of the ground. Exemptions from this definition and the regulations promulgated under this Section include:
1. 
An underground storage tank whose capacity is eleven hundred (1,100) gallons or less and used for storing motor fuel for agricultural purposes;
2. 
An underground storage tank used for storing heating oil for consumptive use on the premises where stored;
3. 
Pipeline facilities, including gathering lines, regulated under:
a. 
The Federal Natural Gas Pipeline Safety Act of 1968 (P.L. 90-481), as amended; or
b. 
The Federal Hazardous Liquid Pipeline Act of 1979 (P.L. 96-129), as amended;
4. 
Pipeline facilities regulated under State laws comparable to the provisions of law referred to in paragraph (3) of this Subsection;
5. 
Liquid traps or associated gathering lines directly related to oil or gas production and gathering operations; and
6. 
Storage tanks situated in an underground area, such as a basement, cellar, mineworking, drift, shaft or tunnel, if the storage tank is situated upon or above the surface of the floor.
B. 
Closure And Removal Of Underground Storage Tanks.
1. 
It shall be unlawful for any owner or operator of an underground storage tank to fail to properly close and remove the same within twelve (12) months after cessation of its active use.
2. 
A cash escrow payment to the City or a performance bond issued in the City's favor by a surety and in a form acceptable to the City, in the amount of ten thousand dollars ($10,000.00) per underground storage tank, shall be required by the owner or operator of any underground storage tank located within the City and which stores or is intended to store petroleum products. Such bond shall contain the following endorsement: "This bond may not be canceled or allowed to lapse until sixty (60) days after receipt by the City, by certified mail, return receipt requested, of a written notice from the issuer of the bond of its intent to cancel or not to renew." The amount of the cash escrow payment or bond required by this Section shall be adjusted annually in an amount equal to ten thousand dollars ($10,000.00) multiplied by a fraction the numerator of which is the CPI (hereinafter defined) most recently published prior to January first (1st) of the current year and the denominator of which is the CPI published as of the time this Section is originally enacted. As used herein, "CPI" shall mean the Consumer Price Index - All Urban Consumers (CPI-U), U.S. City Average, All Items (1982-84=100) as published by the Bureau of Labor Statistics of the United States Department of Labor, or such successor index thereto as may be published by the U.S. Government (or if not published the most comparable index thereto). In no event will there be a reduction in the bond requirement because of any decrease in the CPI from one (1) year to the next.
3. 
The bond or cash escrow payment shall be returned to the owner or operator who submitted the same upon verification by the City Engineer that the underground storage tank and all of its pumps, pipes and related equipment have been removed from the ground and disposed of pursuant to Missouri Department of Natural Resources regulations and any other applicable State or Federal law. Evidence that the applicable State and Federal laws have been complied with during the removal of the underground storage tanks may be demonstrated by obtaining a "No Further Action Needed" letter from the Missouri Department of Natural Resources or similar correspondence from the Missouri Department of Natural Resources or United States Environmental Protection Agency indicating that the underground storage tanks have been properly removed, any and all environmental hazards have been appropriately resolved, and that the property on which it was located does not pose an unacceptable risk to the environment.
4. 
If the owner or operator fails to properly remove an underground storage tank and all of its pumps, pipes and related equipment within twelve (12) months after cessation of its active use, the City Engineer shall have full power and authority to utilize the cash escrow payment or to draw upon the bond in order to effectuate the proper removal and disposal of the underground storage tank and all pumps, pipes and related equipment.
5. 
An owner or operator of an underground storage tank shall at all times maintain insurance for such tank through the Missouri Petroleum Storage Tank Insurance Fund or an insurance carrier acceptable to the City which provides coverage for the costs of all cleanup resulting from any contamination of the soil due to underground storage tank leakage, or provide a letter issued by the Missouri Department of Natural Resources, Hazardous Waste Program, Tanks Section, evidencing its review of a declaration and certification endorsement for financial responsibility filed by the owner or operator with the Missouri Department of Natural Resources pursuant to 10 CSR 20-11 and requiring no further action regarding financial responsibility by the owner or operator.