[Ord. No. 13-32 §1, 7-16-2013]
A. The purpose of this Article is to provide for the health, safety,
and general welfare of the citizens of Carl Junction 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 Article
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 Article 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.
3.
To establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
Article.
[Ord. No. 13-32 §1, 7-16-2013]
For the purposes of this Article, the following shall mean:
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.
CONSTRUCTION ACTIVITY
Activities subject to NPDES construction permits. Currently
these include construction projects resulting in land disturbance
of five (5) acres or more. Beginning March 2003, NPDES Stormwater
Phase II permits will be required for 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
425.260 of this Article.
ILLICIT CONNECTIONS
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 conveyance which allows 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 approved by
an authorized enforcement agency.
INDUSTRIAL ACTIVITY
Activities subject to NPDES industrial permits as defined
in 40 CFR 122.26(b)(14).
PERSON
Means 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 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.
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. 13-32 §1, 7-16-2013]
This Article shall apply to all water entering the storm drain
system generated on any developed and undeveloped lands unless explicitly
exempted by the City of Carl Junction.
[Ord. No. 13-32 §1, 7-16-2013]
The City of Carl Junction shall administer, implement, and enforce
the provisions of this Article. Any powers granted or duties imposed
upon the authorized enforcement agency may be delegated in writing
by the administrator of the authorized enforcement agency to persons
or entities acting in the beneficial interest of or in the employ
of the agency.
[Ord. No. 13-32 §1, 7-16-2013]
The provisions of this Article are hereby declared to be severable.
If any provisions, clause, sentence, or paragraph of this Article
or the application thereof to any person, establishment, or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions or application of this Article.
[Ord. No. 13-32 §1, 7-16-2013]
The standards set forth herein and promulgated pursuant to this
Article are minimum standards; therefore this Article does not intend
nor imply that compliance by any person will ensure that there will
be no contamination, pollution, or unauthorized discharge of pollutants.
[Ord. No. 13-32 §1, 7-16-2013]
A. Prohibitions Of Illegal Discharges. No person shall
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.
B. The commencement or 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 Article; 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 wetland flows, swimming pools
(if dechlorinated; typically less than one (1) PPM chlorine), firefighting
activities, and any other water source not containing pollutants.
2.
Discharges specified in writing by the City of Carl Junction
as being necessary to protect public health and safety.
3.
Dye testing is an allowable discharge, but requires a verbal
notification to the City of Carl Junction prior to 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 Article if
the person connects a line conveying sewage to the MS4, or allows
such a connection to continue.
[Ord. No. 13-32 §1, 7-16-2013]
A. Suspension Due To Illicit Discharges In Emergency Situations. The City of Carl Junction 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 City of Carl Junction 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.
1.
Any person discharging to the MS4 in violation of this Article
may have his or her MS4 access terminated if such termination would
abate or reduce an illicit discharge. The City of Carl Junction will
notify a violator of the proposed termination of its MS4 access. The
violator may petition the City of Carl Junction for a reconsideration
and hearing.
2.
A person commits an offense if the person reinstates MS4 access
to premises terminated pursuant to this Section without the prior
approval of the City of Carl Junction.
[Ord. No. 13-32 §1, 7-16-2013]
Any person subject to an industrial or 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 City of Carl Junction prior to the allowing
of discharge to the MS4.
[Ord. No. 13-32 §1, 7-16-2013]
A. Applicability. This Section applies to all facilities
that have stormwater discharges associated with industrial activity,
including construction activity.
B. Access To Facilities.
1.
The City of Carl Junction shall be permitted to enter and inspect
facilities subject to regulation under this Article as often as may
be necessary to determine compliance with this Article. 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 City of Carl Junction.
2.
Facility operators shall allow the City of Carl Junction 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 City of Carl Junction shall have the right to set up on
any permitted facility such devices as are necessary in the opinion
of the City of Carl Junction to conduct monitoring and/or sampling
of the facility's stormwater discharge.
4.
The City of Carl Junction 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 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 City of Carl
Junction and shall not be replaced. The costs of clearing such access
shall be borne by the operator.
6.
Unreasonable delays in allowing the City of Carl Junction access
to a permitted facility is a violation of a stormwater discharge permit
and of this Article. A person who is the operator of a facility with
an NPDES permit to discharge stormwater associated with industrial
activity commits an offense if the person denies the City of Carl
Junction reasonable access to the permitted facility for the purpose
of conducting any activity authorized or required by this Article.
7.
If the City of Carl Junction 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 Article, 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 Article or any order issued hereunder,
or to protect the overall public health, safety, and welfare of the
community, then the City of Carl Junction may seek issuance of a search
warrant from any court of competent jurisdiction.
[Ord. No. 13-32 §1, 7-16-2013]
The City of Carl Junction 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 its own expense, reasonable protection from accidental discharge
or prohibited materials or other wastes into the municipal storm drain
system of watercourses through the use of these structural and non-structural
BMPs. 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
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 (SWPPP)
as necessary for compliance with requirements of the NPDES permit.
[Ord. No. 13-32 §1, 7-16-2013]
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. 13-32 §1, 7-16-2013]
A. 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 is 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 City of Carl Junction in person or by phone or facsimile no later
than the next business day. Notification in person or by phone shall
be confirmed by written notice addressed and mailed to the City of
Carl Junction 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.
B. Notification Of Violation.
1.
Whenever the City of Carl Junction finds that a person has violated
a prohibition or failed to meet a requirement of this Article, the
City of Carl Junction may order compliance by written notice of violation
to the responsible person. Such notice may require without limitation:
a.
The performance of monitoring, analysis, and reporting;
b.
The elimination of illicit connections or discharges;
c.
The violating discharges, practices, or operations shall cease
and desist;
d.
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property; and
e.
Payment of a fine to cover administrative and remediation costs;
and
f.
The implementation of source control or treatment BMPs.
2.
If abatement of a violation and/or restoration of affected property
are 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 agency
or a contractor, and the expense thereof shall be charged to the violator.
[Ord. No. 13-32 §1, 7-16-2013]
Any person receiving a notice of violation may appeal the determination
of the City of Carl Junction. 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 appropriate authority or his/her designee
shall take place within fifteen (15) days from the date of receipt
of the notice of appeal. The decision of the municipal authority or
its designee shall be final.
[Ord. No. 13-32 §1, 7-16-2013]
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 fifteen (15) 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, or agent of the person
in possession of any premises to refuse to allow the City of Carl
Junction or designated contractor to enter upon the premises for the
purposes set forth above.
[Ord. No. 13-32 §1, 7-16-2013]
Within thirty (30) days after abatement of the violation, the
owner of the property will be notified of the cost of abatement, including
administrative costs. The property owner may file a written protest
objecting to the amount of 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. Any person violating any of the provisions
of this Article 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 a rate of percent per annum shall be assessed
on the balance beginning on the first day following the discovery
of the violation.
[Ord. No. 13-32 §1, 7-16-2013]
It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this Article. If
a person has violated or continues to violate the provisions of this
Article, the City of Carl Junction 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. 13-32 §1, 7-16-2013]
In lieu of enforcement proceedings, penalties and remedies authorized
by this Article, the City of Carl Junction may impose upon a violator
alternative compensatory actions, such as storm drain stenciling,
attendance at compliance workshops, creek cleanup, etc.
[Ord. No. 13-32 §1, 7-16-2013]
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 Article 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. 13-32 §1, 7-16-2013]
A. Any person that has violated or continues to violate this Article
shall be liable to criminal prosecution to the fullest extent of the
law, and shall be subject to a criminal penalty of five hundred dollars
($500.00) per violation per day and/or imprisonment for a period of
time not to exceed thirty (30) days.
B. The City of Carl Junction may recover all attorneys' fees, court
costs and other expenses associated with enforcement of this Article,
including sampling and monitoring expenses.
[Ord. No. 13-32 §1, 7-16-2013]
The remedies listed in this Article are not exclusive of any
other remedies available under any applicable Federal, State, or local
law and it is within the discretion of the City of Carl Junction to
seek cumulative remedies.
[Ord. No. 13-32 §1, 7-16-2013]
This Article shall be in full force and effect immediately after
its final passage and adoption. All prior ordinances and parts of
ordinances in conflict with this Article are hereby repealed.