[HISTORY: Adopted by the City Commission
of the City of Parsons 1-22-2008 by Ord. No. 6146[1]. Amendments noted where applicable.]
GENERAL REFERENCES
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.
[1]
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.
A.
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; 12-17-2018 by Ord. No. 6421; 10-17-2022 by Ord. No. 6528]
(1)
All property devoted to a residential use shall be assessed a monthly
fee of $6 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
houses 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.
(2)
Property devoted to any use other than residential, as set forth
above, and further described as nonresidential, shall be assessed
a monthly fee based on lot size as follows:
|
Lot Coverage
(square feet)
|
Monthly Fee
|
|---|---|
|
Under 50,000
|
$25
|
|
50,000 to 100,000
|
$45
|
|
100,000 and up
|
$65
|
B.
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.
C.
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:
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
The Kansas Department of Health and Environment (KDHE).
Employees or designees of the municipal agency designated
to enforce Ordinance No. 6146.
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.
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.
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.
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.
Any direct or indirect nonstormwater discharge to the storm drain system, except as exempted in § 517-10 of this chapter.
An illicit connection as defined below:
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
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.
Activities subject to NPDES industrial permits as defined
in 40 CFR 122.26(b)(14).
Municipal separate storm sewer system.
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.
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.
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.
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.
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:
A.
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:
(1)
Water line flushing or other discharges from potable
water sources;
(2)
Landscape irrigation or lawn watering;
(3)
Diverted stream flows;
(4)
Rising groundwater;
(5)
Uncontaminated groundwater infiltration to the storm
drain system;
(6)
Uncontaminated pumped groundwater;
(7)
Uncontaminated water from foundation and footing drains;
(8)
Uncontaminated water from crawl space pumps;
(9)
Air-conditioning condensation;
(10)
Residential heat pump discharge waters;
(11)
Uncontaminated nonindustrial roof drains;
(12)
Springs;
(13)
Individual residential and occasional noncommercial
car washing;
(14)
Flows from riparian habitats and wetlands;
(15)
Dechlorinated swimming pool discharges;
(16)
Street wash waters;
(17)
Flows from fire-fighting or training activities;
and
(18)
Any other source not containing pollutants.
B.
The prohibition shall not apply to:
(1)
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.
(2)
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.
A.
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.
B.
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.
A.
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.
B.
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.
A.
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.
B.
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.[1] 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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
Denial of access or unreasonable delay in permitting
access to a facility from which stormwater is discharged is a violation
of this chapter.
G.
The authorized enforcement agency is hereby authorized
to request orders from the Municipal or District Court in obtaining
such entry.
A.
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:
(1)
The performance of monitoring, analysis, 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 fees to cover administrative and remediation
costs; and
(6)
The implementation of source control or treatment
BMP's.
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 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.
A.
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.
B.
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.[1]
