[HISTORY: Adopted by the City Commission of the City of Parsons 1-22-2008 by Ord. No. 6146. Amendments noted where applicable.]
Building construction — See Ch. 225.
Floodplain management — See Ch. 325.
Streets and sidewalks — See Ch. 520.
Water and wastewater system — See Ch. 580.
Construction of stormwater sewers or drains — See Ch. A600, Charter Ord. No. 14.
Editor's Note: The text which appears in this chapter was adopted by Sec. 7 of Ord. No. 6146. For the complete text of Ord. No. 6146 consult municipal records.
Pursuant to the provisions of Ordinance No. 6146, the City of Parsons does hereby establish a Stormwater Utility, the purpose of which is to assist the City of Parsons in its responsibility for the operation, construction, maintenance and repair of stormwater drainage system facilities to provide adequate systems of collection, conveyance, detention, treatment and release of stormwater and the reduction of potential hazards to property and life resulting from stormwater runoff, improvement in general health and welfare through reduction of undesirable stormwater conditions and improvement to the water quality in the storm- and surface water system and its receiving waters.
The City of Parsons shall be empowered to administer the Stormwater Utility and may delegate such duty and responsibility as is necessary to carry out the provisions of Ordinance No. 6146 within the limits of the budget, directives and storm drainage regulations adopted by the governing body of the City of Parsons for this Utility.
The City of Parsons shall adopt an operating budget for each fiscal year. The operating budget shall set forth, for each fiscal year, the estimated revenues and the estimated costs for the Stormwater Utility. The initial operating budget shall be for the fiscal year commencing January 1, 2008.
There is hereby assessed against all property within the City that is connected to either water or sanitary sewer systems, or both, of the City, a monthly stormwater utility fee. The owner, occupant and any person who is responsible for the payment of water and/or sewer service to the property shall all be jointly and severally responsible for the payment of said fee. Persons responsible for the payment of water and/or sewer service to the property shall include the person responsible for payment for water provided to a master meter that is then distributed to multiple users, whether or not said users are located on the same property as the master meter. The fee shall be calculated as follows:
[Amended 12-15-2008 by Ord. No. 6175; 10-20-2014 by Ord. No. 6329]
All property devoted to a residential use shall be assessed a monthly fee of $3.50 per month per living unit. The term "residential" shall include single-family homes, mobile homes and mobile home parks, duplexes and apartment units. The term "residential" shall not include rooming- or boardinghouses, dormitories and similar facilities. The term "living unit" shall mean one or more rooms in a residential building which are arranged, designed, used or intended for use by one family, and which include cooking space and lawful sanitary facilities reserved for the occupants thereof.
Property devoted to any use other than residential, as set forth above, and further described as nonresidential, shall be assessed a monthly fee of $4.50 per month.
The monthly Stormwater Utility fees set forth above shall be included as part of the monthly bill for water and/or other utility services of the City but shall be identified separately on said billing. Said fees shall be due at the same time as the charges for water and/or other utility services of the City are due, and the failure to pay said fees shall be considered a failure to pay the charges for utility services of the City and enforceable pursuant to related provisions of the City's Code. In addition, any time utility services of the City are established or reestablished to a property, all fees hereunder shall be paid current as of the date such service is established or reestablished.
Changes in the Stormwater Utility fees from those set forth in Ordinance No. 6146 may be established from time to time by ordinary ordinance or resolution of the governing body.
The revenue generated by this Stormwater Utility fee shall be set aside in a special fund, which is hereby created, to be known as the "Stormwater Utility Fund." Such funds shall be used only for operations of the Stormwater Management Program, as defined in Section 2 of Ordinance No. 6146, including but not limited to the construction, reconstruction, maintenance and repair of Stormwater Utility facilities, including the acquisition, and related costs thereof, of real estate for such use. In addition, said fund may be used to pay fees to study and prepare documents related to such facilities and to make payments of principal and interest on bonds issued for such improvements. Nothing in this chapter shall be deemed to limit or restrict the City's ability to use and obtain other sources of funds for the same or similar purposes.
The following words, terms and phrases, when used in this chapter, shall have the meanings defined in this section, except where the context clearly indicates a different meaning:
- ACT and THE ACT
- The Federal Water Pollution Control Act, also known as the "Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
- APPROVAL AUTHORITY
- The Kansas Department of Health and Environment (KDHE).
- AUTHORIZED ENFORCEMENT AGENCY
- Employees or designees of the municipal agency designated to enforce Ordinance No. 6146.
- BEST MANAGEMENT PRACTICES (BMP's)
- Activities, prohibition of practices, general good housekeeping practices, pollution prevention, educational practices, maintenance procedures, and other management practices designed to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, the municipal storm drain system, and waters of the United States. Best management practices also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, drainage from raw materials storage, and such provisions as the City determines appropriate for the control of pollutants.
- The City of Parsons.
- CONSTRUCTION ACTIVITY
- Activities subject to NPDES construction permits. These include construction projects resulting in land disturbances of equal to or greater than one acre, or less than one acre if part of a larger common plan of development or sale which may disturb a cumulative area equal to or greater than one acre. Such activities include, but are not limited to, clearing and grubbing, excavating, filling, and demolition.
- A nondeveloper engaged or to be engaged in construction activity.
- The owner or owners of a site or sites where construction activity will take place.
- ENVIRONMENTAL PROTECTION AGENCY (EPA)
- The United States Environmental Protection Agency, or, where appropriate, such term may also be used as a designation for the administrator or other duly authorized official of the agency.
- HAZARDOUS MATERIAL
- 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 nonstormwater discharge to the storm drain system, except as exempted in § 517-10 of this chapter.
- ILLICIT DISCHARGE
- An illicit connection as defined below:
- A. 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 nonstormwater 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 a government agency; or
- B. 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 the City.
- INDUSTRIAL ACTIVITY
- Activities subject to NPDES industrial permits as defined in 40 CFR 122.26(b)(14).
- Municipal separate storm sewer system.
- NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT
- A discharge permit issued by the approval authority 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.
- NONSTORMWATER DISCHARGE
- Any discharge to the storm drain system that is not composed entirely of stormwater.
- 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.
- Anything which causes or contributes to pollution. pollutants may include, but are not limited to, paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes, refuse, rubbish, garbage, litter, or discarded or abandoned objects, articles, and accumulations, so the 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 (including but not limited to sediments, slurries, and concrete rinsates); and noxious or offensive matter of any kind.
- The human-made or human-induced alteration of the quality of waters by waste to a degree which unreasonably affects, or has the potential to unreasonably affect, either the waters for beneficial uses or the facilities which serve these beneficial uses.
- Any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
- A place or places related by a common plan of construction, development or sale where construction activity will take place.
- STORM DRAIN SYSTEM
- A publicly owned facility or facilities operated by the City by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, curbs, gutters, inlets, manholes, junction boxes, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures which are within the City.
- 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 contractor, developer, or other person, business, or governmental agency to identify sources of pollution or contamination at a site and the actions necessary or required to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems and/or receiving waters to the maximum extent practicable.
- Any water or other liquid, other than uncontaminated stormwater, discharged from a facility.
- WATERS OF THE UNITED STATES
- Surface watercourses and water bodies as defined in 40 CFR 122.2, including all natural waterways, definite channels, intrastate lakes, rivers, streams (including intermittent streams), mudflats, sand flats, wetlands, sloughs, prairie potholes, tributaries, or depressions in the earth, that may carry water, even though such waterways may only carry water during rains and storms and may not carry stormwater at or during all times and seasons.
This chapter shall apply to all water entering the storm drain system generated on any developed and undeveloped lands lying within the jurisdictional boundaries of the City, including any amendments or revisions thereto.
The authorized enforcement agency shall administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon the authorized enforcement agency may be delegated by the City Manager to persons or entities acting in the beneficial interest of, or in the employment of, the City.
This chapter shall be construed to assure consistency with the requirements of the Clean Water Act and acts amendatory thereof or supplementary thereto or any applicable implementing regulations. This chapter does not imply that compliance by any person will ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants.
No person shall discharge or cause to be discharged into the 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 hereinafter:
Discharges from the following activities will not be considered a source of pollutants to the storm drain system and to waters of the United States when properly managed to ensure that no potential pollutants are present, and therefore they shall not be considered illegal discharges unless determined to cause a violation of the Clean Water Act or Ordinance No. 6146:
Water line flushing or other discharges from potable water sources;
Landscape irrigation or lawn watering;
Diverted stream flows;
Uncontaminated groundwater infiltration to the storm drain system;
Uncontaminated pumped groundwater;
Uncontaminated water from foundation and footing drains;
Uncontaminated water from crawl space pumps;
Residential heat pump discharge waters;
Uncontaminated nonindustrial roof drains;
Individual residential and occasional noncommercial car washing;
Flows from riparian habitats and wetlands;
Dechlorinated swimming pool discharges;
Street wash waters;
Flows from fire-fighting or training activities; and
Any other source not containing pollutants.
The prohibition shall not apply to:
Any nonstormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered by the State of Kansas under the authority of the EPA, 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 by the City for any discharge to the storm drain system.
Discharges specified in writing by the authorized enforcement agency as being necessary to protect public health and safety.
The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited. The 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.
No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, left or maintained, in or upon any public or private property, driveway, parking area, street, alley, sidewalk, component of the storm drain system, or waters of the United States, any refuse, rubbish, garbage, litter, grass clippings, leaves, or other discarded or abandoned objects, articles, and accumulations, so that the same may cause or contribute to pollution. Wastes deposited in streets in proper waste receptacles for the purpose of collection are exempted from this prohibition.
Any person subject to an industrial or construction activity under an NPDES stormwater discharge permit shall comply with all provisions of said permit. Proof of compliance with said permit may be required in a form acceptable to the authorized enforcement agency prior to or as a condition of allowing discharges to the storm drain system or prior to or as a condition of approving a subdivision plat, site plan, building permit, or development or improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause.
Best management practices. The authorized enforcement agency is hereby authorized to adopt requirements identifying best management practices (BMP's) 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 its 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 structural or nonstructural BMP's. Further, any person responsible for a property or premises which is, or may be, the source of an illicit discharge may be required to implement, at said person's expense, additional structural or nonstructural BMP's to prevent the further discharge of pollutants to the MS4. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the maximum extent practicable, shall be deemed to be compliance with the provisions of this section. These BMP's shall be part of a stormwater pollution prevention plan (SWPPP) as necessary for compliance with requirements of the NPDES permit. Where BMP requirements are promulgated by the authorized enforcement agency or any federal, state, or regional agency for any activity, operation, or facility which would otherwise cause the discharge of pollutants to the storm drain system or waters of the United States, every person undertaking such activity or operation, or owning or operating such facility, shall comply with such requirements.
New development and redevelopment. The authorized enforcement agency may adopt requirements identifying BMP's to control the volume, rate, and potential pollutant load of stormwater runoff from new development and redevelopment projects as may be appropriate to minimize the generation, transport, and discharge of pollutants. The City shall incorporate such requirements in any land use entitlement and construction or building-related permit to be issued relative to such development or redevelopment. The owner and developer shall comply with the terms, provisions, and conditions of such land use entitlements and building permits as required in this chapter.
The authorized enforcement agency may require by written notice that a person responsible for an illegal discharge immediately, or by a specified date, discontinue the discharge and, if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future illegal discharges.
The authorized enforcement agency may, without prior notice, suspend storm drain system discharge access to a discharger when such suspension is deemed necessary, in the opinion of the authorized enforcement agency, 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 storm drain system or waters of the United States. If a potential violator fails to comply with a suspension order issued in an emergency situation, the authorized enforcement agency may take such steps as deemed necessary, in the opinion of the authorized enforcement agency, to prevent or minimize damage to the storm drain system or waters of the United States or to minimize danger to persons.
The authorized enforcement agency may require by written notice that a person responsible for an illicit connection to the storm drain system comply with the requirements of this chapter to eliminate or secure approval for the connection by a specified date, regardless of whether or not the connection or discharges to it had been established or approved prior to the effective date of this chapter.
If, subsequent to eliminating a connection found to be in violation of this chapter, the responsible person can demonstrate that an illegal discharge will no longer occur, said person may request authorized enforcement agency approval to reconnect. The reconnection or reinstallation of the connection shall be verified by the authorized enforcement agency to be in compliance with applicable construction standards and shall be done at the responsible owner's expense.
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 reasonably free of trash, debris, excessive vegetation, grass clippings, leaves, garden debris, tree limbs and branches, 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. The owner or lessee shall not remove healthy bank vegetation beyond that actually necessary for maintenance nor remove such vegetation in such a manner as to increase the vulnerability of the watercourse to erosion. The property owner shall be responsible for maintaining and stabilizing that portion of the watercourse that is within his property lines in order to protect against erosion and degradation of the watercourse originating or contributed from his property.
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 the release of hazardous materials, said person shall notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of nonhazardous materials, said person shall notify the authorized enforcement agency in person or by phone or facsimile no later than the next business day. 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 years.
Whenever the authorized enforcement agency finds that a discharge of pollutants is taking place or has occurred which will result in, or has resulted in, pollution of stormwater, the storm drain system, or waters of the United States, the authorized enforcement agency may require by written notice to the owner of the property and/or the responsible person that the pollution be remediated and the affected property restored within a specified time pursuant to § 517-21.
Whenever necessary to make an inspection to enforce any provision of this chapter, or whenever the authorized enforcement agency has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this chapter:
The authorized enforcement agency may enter such premises at all reasonable times to inspect the same after a request to enter and inspect has been made.
The authorized enforcement agency shall be permitted access to all parts of the premises for the purposes of inspection, sampling, examination and copying records kept under the conditions of an NPDES stormwater discharge permit.
The authorized enforcement agency shall have the right to set up on any facility such devices as are deemed necessary in the opinion of the authorized enforcement agency to conduct monitoring and/or sampling of the facility's stormwater discharge.
The authorized enforcement agency shall have the right to require the discharger to install monitoring equipment as deemed necessary in the opinion of the authorized enforcement agency to conduct monitoring and/or sampling of the facility's stormwater discharge. The sampling and monitoring equipment shall be installed and maintained at all times in a safe and proper operating condition at the discharger's expense. All devices used to measure stormwater flow and quality shall be properly calibrated to ensure accuracy, at the discharger's expense.
At the request of the authorized enforcement agency, any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed at the discharger's expense.
Denial of access or unreasonable delay in permitting access to a facility from which stormwater is discharged is a violation of this chapter.
The authorized enforcement agency is hereby authorized to request orders from the Municipal or District Court in obtaining such entry.
Whenever the authorized enforcement agency 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:
The performance of monitoring, analysis, and reporting;
The elimination of illicit connections or discharges;
That violating discharges, practices, or operations shall cease and desist;
The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
Payment of fees to cover administrative and remediation costs; and
The implementation of source control or treatment BMP's.
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 completed by the authorized enforcement agency or a contractor designated by the authorized enforcement agency and the expense thereof shall be charged to the violator pursuant to this chapter. Said notice shall be sent by either certified mail or personal service.
Any person receiving a notice of violation under this chapter may appeal the determination of the authorized enforcement agency by filing a notice of appeal at the office of the City Clerk of the City. The notice of appeal must be filed with the City Clerk's office within 10 calendar days from the date of the notice of violation. If the 10th calendar day falls on a weekend or City holiday, the appeal must be filed before the close of the next business day. A hearing on the appeal shall be scheduled before the City Commission to take place within 30 days from the date of the City's receipt of the notice of appeal. The decision of the City Commission shall be final.
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 under this chapter, within 10 days of the decision of the City Commission upholding the decision of the authorized enforcement agency, then the authorized enforcement agency or a contractor designated by the authorized enforcement agency shall enter upon the subject private property and is 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 authorized enforcement agency or designated contractor to enter upon the premises for the purposes set forth above.
Within 30 days after abatement of the nuisance by the authorized enforcement agency, the owner of the property shall be notified of the cost of the abatement, including administrative costs, by sending a notice to the owner's last known address. The property owner may file a written protest objecting to the amount of the assessment with the City Clerk's office within 10 days of receipt of the notice of assessment. The City Clerk's office shall forthwith set the matter for hearing before the City Commission and notify the objecting owner in writing. The decision of the City Commission shall be final.
If the amount due is not paid within 10 days of the decision of the City Commission or the expiration of the time in which to file an appeal under this section, the charges shall become a special assessment against the property or properties and shall constitute a lien on the property or properties for the amount of the assessment.
Violation of the provisions of this chapter by a property owner, developer or contractor shall constitute a Class B violation, as defined in the Uniform Public Offense Code (UPOC). Upon conviction of a violation, the violator shall be subject to the fines and/or jail sentences provided by the UPOC as adopted by the City for Class B violations.