[Ord. No. 1201 §1, 5-10-2006]
[Ord. No. 1201 §1, 5-10-2006]
A.
The
purpose of this Act shall be to prevent the discharge of pollutants
from land and activities within the City into the municipal separate
storm sewer system (MS4) and/or into surface waters.
B.
The
Governing Body of the City hereby finds that pollutants are discharged
into surface waters, both through inappropriate non-stormwater discharges
into the MS4 or the surface waters directly and through the washoff
and transport of pollutants found on the land and built surfaces by
stormwater during rainfall events.
C.
Further,
the Governing Body of the City hereby finds that such discharge of
pollutants may lead to increased risks of disease and harm to individuals,
particularly children, who come into contact with the water; may degrade
the quality of such water for human uses, such as drinking, irrigation,
recreation and industry; and may damage the natural ecosystems of
rivers, streams, lakes and wetlands leading to a decline in the diversity
and abundance of plants and animals.
D.
Further,
the Governing Body of the City hereby finds that this Article will
promote public awareness of the hazards involved in the improper discharge
of trash, yard waste, lawn chemicals, pet waste, wastewater, oil,
petroleum products, cleaning products, paint products, hazardous waste,
sediment and other pollutants into the storm drainage system.
E.
Further,
the Governing Body of the City hereby finds that such discharges are
inconsistent with the provisions and goals of the Clean Water Act,
the National Pollutant Discharge Elimination System (NPDES) and other
Federal and State requirements for water quality and environmental
preservation.
F.
Further,
the Governing Body of the City hereby finds that a reasonable establishment
of restrictions and regulations on activities within the City is necessary
to eliminate or minimize such discharges of pollutants, to protect
the health and safety of citizens, to preserve economic and ecological
value of existing water resources within the City and within downstream
communities and to comply with the provisions of the City's responsibilities
under the Clean Water Act and the NPDES program.
[Ord. No. 1201 §1, 5-10-2006]
The following abbreviations, when used in this Act, shall have
the designated meanings:
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BMP Best Management Practice
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CFR Code of Federal Regulations
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EPA Environmental Protection Agency
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HHW Household Hazardous Waste
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KDHE Kansas Department of Health and Environment
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MS4 Municipal Separate Storm Sewer System
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NPDES National Pollutant Discharge Elimination System
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PST Petroleum Storage Tank
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[Ord. No. 1201 §1, 5-10-2006]
For the purposes of this Act, the following definitions shall
apply:
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.
Any vehicle meeting the definition for passenger car, passenger
van, pickup truck, motorcycle, recreational vehicle or motor home
as defined in "The Standard Traffic Ordinance for Kansas Cities" most
recent edition.
The City of Mission, Kansas.
The Federal Water Pollution Control Act (33 U.S.C. Section
1251 et seq.) and any subsequent amendments thereto.
The City Municipal Code.
The Director of Planning, Development and Codes Department
or the Director's authorized representative.
The addition or introduction, directly or indirectly, of
any pollutant, stormwater or any other substance into the MS4 or surface
waters.
Human excrement, gray water (from home clothes washing, bathing,
showers, dishwashing and food preparation), other wastewater from
household drains and waterborne waste normally discharged from the
sanitary conveniences of dwellings (including apartment houses and
hotels), office buildings, retail and commercial establishments, factories
and institutions that is free from industrial waste.
Any substance listed in the appendices to 40 CFR Part 355,
Emergency Planning and Notification.
A substance or compound that contains a plant nutrient element
in a form available to plants and is used primarily for its plant
nutrient element content in promoting or stimulating growth of a plant
or improving the quality of a crop or a mixture of two (2) or more
fertilizers.
Any material generated in a household (including single and
multiple residences) by a consumer which, except for the exclusion
provided in 40 CFR Section 261.4(6)(1), would be classified as a hazardous
waste under 40 CFR Part 261 or K.A.R 28-29-23b.
Any substance listed in Table 302.4 of 40 CFR Part 302.
Any substance identified or listed as a hazardous waste by
the EPA pursuant to 40 CFR Part 261.
Any waterborne liquid or solid substance that results from
any process of industry, manufacturing, mining, production, trade
or business.
The system of conveyances (including roads with drainage
systems, municipal streets, private streets, catch basins, curbs,
gutters, ditches, manmade channels or storm drains) owned and operated
by the City and designed or used for collecting or conveying stormwater
and which is not used for collecting or conveying sewage.
The national program for issuing, modifying, revoking and
reissuing, terminating, monitoring and enforcing permits and imposing
and enforcing pretreatment requirements under Sections 307, 402, 318
and 405 of the Federal Clean Water Act.
For the purpose of this Article, a permit issued by United
States Environmental Protection Agency (EPA) or the State of Kansas
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 kind of oil in any form including, but not limited to:
petroleum, fuel oil, crude oil, synthetic oil, motor oil, bio-fuel,
cooking oil, grease, sludge, oil refuse and oil mixed with waste.
Any individual, partnership, co-partnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental
entity or any other legal entity; or their legal representatives,
agents or assigns, including all Federal, State and local governmental
entities.
A substance or mixture of substances intended to prevent,
destroy, repel or migrate any pest or substances intended for use
as a plant regulator, defoliant or desiccant.
A product that is obtained from distilling and processing
crude oil and that is capable of being used as a fuel or lubricant
in a motor vehicle, boat or aircraft including motor oil, motor gasoline,
gasohol, other alcohol blended fuels, aviation gasoline, kerosene,
distillate fuel oil and #1 and #2 diesel fuel.
Any substance or material which contaminates or adversely
alters the physical, chemical or biological properties of the waters
including changes in temperature, taste, odor, turbidity or color
of the water. Such substance or material may include, but is not limited
to, dredged spoil, spoil waste, incinerator residue, sewage, pet and
livestock waste, garbage, sewage sludge, munitions, chemical waste,
biological materials, radioactive materials, heat, wrecked or discarded
equipment, rock, sand, soil, yard waste, hazardous household wastes,
oil and petroleum products, used motor oil, anti-freeze, litter, pesticides
and industrial, municipal and agricultural waste discharged into water.
The named property owner as indicated by the records of the
Johnson County Kansas Records and Tax Administration.
Any spilling, leaking, pumping, pouring, emitting, emptying,
discharging, injecting, escaping, leaching, dumping or disposing into
the MS4 and/or surface waters.
The system of pipes, conduits and other conveyances which
carry industrial waste and domestic sewage from residential dwellings,
commercial buildings, industrial and manufacturing facilities and
institutions, whether treated or untreated, to a sewage treatment
plant and to which stormwater, surface water and ground water are
not intentionally admitted.
Any domestic sewage from holding tanks such as vessels, chemical
toilets, campers, trailers and septic tanks.
The domestic sewage and/or industrial waste that is discharged
into the sanitary sewer system and passes through the sanitary sewer
system to a sewage treatment plant for treatment.
The State of Kansas.
Stormwater runoff, snow melt runoff and surface runoff and
drainage.
Any body of water classified as "surface waters" by the State of Kansas including streams, rivers, creeks, brooks,
sloughs, draws, arroyos, canals, springs, seeps, cavern streams, alluvial
aquifers associated with these surface waters, lakes, manmade reservoirs,
oxbow lakes, ponds and wetlands, as well as any other body of water
classified by the Federal Government as a "water of the United States".
Any garbage, refuse, sludge or other discarded material which
is abandoned or committed to treatment, storage or disposal, including
solid, liquid, semisolid or contained gaseous materials resulting
from industrial, commercial mining, community and agricultural activities. "Waste" does not include solid or dissolved materials in
domestic sewage or irrigation return flows or solid or dissolved materials
or industrial discharges which are point sources subject to permits
under the State of Kansas. The Federal definition of solid waste is
found at 40 CFR 257.2.
The law or regulation that consists of the beneficial designated
use or uses of a water body, the numeric and narrative water quality
criteria that are necessary to protect the use or uses of that particular
water body and an antidegradation statement.
[Ord. No. 1201 §1, 5-10-2006]
A.
No person shall release or cause to be released into the MS4, or into any surface water within the City, any discharge that is not composed entirely of stormwater that is free of pollutants, except as allowed in Subsection (B).
B.
Unless
identified by the City or KDHE as a significant source of pollutants
to surface water, the following non-stormwater discharges are deemed
acceptable and not a violation of this Section:
1.
Water line flushing;
2.
Diverted stream flow;
3.
Rising ground water;
4.
Uncontaminated ground water infiltration as defined under 40 CFR
35.2005(20) to separate storm sewers;
5.
Uncontaminated pumped ground water;
6.
Contaminated ground water if authorized by KDHE and approved by the
municipality;
7.
Discharges from potable water sources;
8.
Foundation drains;
9.
Air-conditioning condensate;
10.
Irrigation waters;
11.
Springs;
12.
Water from crawl space pumps;
13.
Footing drains;
14.
Individual residential car washing;
15.
Flows from riparian habitats and wetlands;
16.
Dechlorinated swimming pool discharges excluding filter backwash;
17.
Street wash waters (excluding street sweepings which have been removed
from the street);
18.
Discharges or flows from emergency firefighting activities;
19.
Heat pump discharge waters (residential only);
20.
Treated wastewater or other discharges meeting requirements of a
NPDES permit; and
21.
Other discharges determined not to be a significant source of pollutants
to waters of the State, a public health hazard or a nuisance.
C.
Discharges
specified in writing by the Director as being necessary to protect
public health and safety.
D.
Notwithstanding the provisions of Subsection (B) of this Section, any discharge shall be prohibited by this Section if the discharge in question has been determined by the Director to be a source of a pollutant to the MS4 or to surface waters, written notice of such determination has been provided to the property owner or person responsible for such discharges, and the discharge has occurred more than ten (10) days beyond such notice.
[Ord. No. 1201 §1, 5-10-2006]
A.
The
specific prohibitions and requirements in this Section are not inclusive
of all the discharges prohibited by the general prohibition in Section
1.00.050, but are provided to address specific discharges that are
frequently found or are known to occur:
1.
No person shall release or allow to be released any of the following
substances into the MS4:
a.
Any new or used petroleum product or oil;
b.
Any industrial waste;
c.
Any hazardous substance or hazardous waste, including household hazardous
waste;
d.
Any domestic sewage or septic tank waste, grease trap or grease interceptor
waste, holding tank waste or grit trap waste;
e.
Any garbage, rubbish or other waste;
f.
Any new or used paints, including latex-based paints, oil-based paints,
stains, varnish and primers, as well as cleaning solvents and other
associated products;
g.
Any yard wastes which have been moved or gathered by a person;
h.
Any wastewater that contains soap, detergent, degreaser, solvent
or surfactant-based cleaner from a commercial motor vehicle wash facility;
from any vehicle washing, cleaning or maintenance at any new or used
motor vehicle dealership, rental agency, body shop, repair shop or
maintenance facility; or from any washing, cleaning or maintenance
of any business or commercial or public service vehicle, including
a truck, bus or heavy equipment;
i.
Any wastewater from a commercial mobile power washer or from the
washing or other cleaning of a building exterior that contains soap,
detergent, degreaser, solvent or any surfactant-based cleaner;
j.
Any wastewater from commercial floor, rug or carpet cleaning;
k.
Any wastewater from the washdown or other cleaning of pavement that
contains any soap, detergent solvent, degreaser, emulsifier, dispersant
or other cleaning substance; or any wastewater from the washdown or
other cleaning of any pavement where any spill, leak or other release
of oil, motor fuel or other petroleum or hazardous substance has occurred,
unless all such materials have been previously removed;
l.
Any effluent from a cooling tower, condenser, compressor, emissions
scrubber, emission filter or the blowdown from a boiler;
m.
Any ready-mixed concrete, mortar, ceramic or asphalt base material
or discharge resulting from the cleaning of vehicles or equipment
containing or used in transporting or applying such material;
n.
Any runoff, washdown water or waste from any animal pen, kennel,
fowl or livestock containment area or any pet wastes generally;
o.
Any filter backwash from a swimming pool or fountain, except that
nothing in this Article shall be construed as to require the alteration
of the filter discharge plumbing of an existing swimming pool, fountain
or spa if such plumbing was compliant with applicable State, Federal
and local regulations at the time of construction;
p.
Any swimming pool, fountain or spa water containing a harmful level
of chlorine (greater than zero (>0) parts per million), muriatic acid
or other chemical used in the treatment or disinfection of the water
or during cleaning of the facility;
q.
Any discharge from water line disinfection by super chlorination
if it contains a harmful level of chlorine (greater than zero (>0)
parts per million) at the point of entry into the MS4 or surface waters;
r.
Any contaminated runoff from a vehicle wrecking or storage yard;
s.
Any substance or material that will damage, block or clog the MS4;
t.
Any release from a petroleum storage tank (PST) or any leachate or
runoff from soil contaminated by leaking PST; or any discharge of
pumped, confined or treated wastewater from the remediation of any
such PST release, unless the discharge has received an NPDES permit
from the State;
u.
Any other discharge that causes or contributes to causing the City
to violate a State water quality standard, the City's NPDES stormwater
permit or any State-issued discharge permit for discharges from its
MS4.
2.
No person shall introduce or cause to be introduced into the MS4 any harmful quantity of sediment, silt, earth, soil or other material associated with clearing, grading, excavation or other construction activities in excess of what could be retained on site or captured by employing sediment and erosion control measures, except as allowed for in conformance with Section 500.350 of this Article.
3.
No person shall connect a line conveying sanitary sewage, domestic
or industrial, to the MS4. No property owner shall allow such a connection
to continue in use on their property.
4.
No person shall use pesticides, herbicides and fertilizers except
in accordance with manufacturer recommendations. Pesticides, herbicides
and fertilizers shall be stored, transported and disposed of in a
manner to prevent release to the MS4.
5.
No person shall tamper with, destroy, vandalize or render inoperable
any BMPs which have been installed for the purpose of eliminating
or minimizing pollutant discharges, nor shall any person fail to install
or fail to properly maintain any BMPs which have been required by
the City or by other local, State or Federal jurisdictions.
[Ord. No. 1201 §1, 5-10-2006]
The Director 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
and businesses, particularly those most associated with potentially
prohibited discharges; visual surveys of exterior practices; inspection,
sampling and analyses 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.
[Ord. No. 1201 §1, 5-10-2006]
A.
Any
person responsible for the release of any prohibited material that
may flow, leach, enter or otherwise be introduced into the MS4 or
surface waters shall take all necessary steps to ensure the containment
and cleanup of such release.
B.
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.
C.
In
the event of a release of non-hazardous materials, said person shall
notify the Director 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 Director within
three (3) business days of the phone notice.
[Ord. No. 1201 §1, 5-10-2006]
The Director or his or her appointed representative shall be designated as the public officer charged with the administration and enforcement of this Act. The public officer shall authorize the investigation of violations of the Act. If it is determined that a violation of this Act exists, then the officer shall declare such condition a nuisance and is authorized to pursue abatement and enforcement procedures as specified in Section 220.070 of the Code.
[Ord. No. 1201 §1, 5-10-2006]
If any Section, Subsection, paragraph, sentence, clause or phrase
in this Article or any part thereof is held to be unconstitutional,
invalid or ineffective by any court of competent jurisdiction, such
decision shall no affect the validity or effectiveness of the remaining
portions of this Article.
