[Ord. No. 16-008 §1, 6-13-2016]
A.
The intent of this Chapter is to protect and enhance the water quality
of local receiving waters in a manner pursuant to and consistent with
the Federal Clean Water Act and also to provide for the health, safety,
and general welfare of the citizens of the City through the regulation
of non-stormwater discharges to the municipal separate storm sewer
system (MS4) according to locally approved standards as required by
Federal and State law. The objectives of this Chapter are:
1.
To regulate the contribution of pollutants to the MS4 by stormwater
discharges from construction activity and development;
2.
To reduce pollutants in stormwater discharges from construction
activity by guiding methods for control of stormwater runoff quantity
and/or quality; and
3.
To enable legal authority to carry out all inspection, surveillance,
monitoring and enforcement procedures necessary to ensure compliance
with this Chapter.
[Ord. No. 16-008 §1, 6-13-2016]
For the purposes of this Chapter, the following words and phrases
shall have the meaning set forth in this Section:
Schedules of activities, general good housekeeping practices,
pollution prevention, educational practices, maintenance procedures
to prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters, or stormwater conveyance systems.
Period of construction activity when a portion(s) of a common
plan of development or sale requires a building permit.
Any activity that removes the vegetative surface cover.
A contiguous area where multiple separate and distinct land
disturbing activities may be taking place at different times, on different
schedules, but under one (1) proposed plan which may, include, but
is not limited to, any announcement or piece of documentation (including
a sign, public notice or hearing, sales pitch, advertisement, drawing,
permit application, zoning request, computer design, etc.) or physical
demarcation (including boundary signs, lot stakes, surveyor markings,
etc.) indicating construction activities may occur on a specific plot.
Such activities include but are not limited to clearing and
grubbing, grading, excavating, demolition and other land disturbing
actions.
Any location where construction activity occurs.
Any person performing or managing construction work at a
construction site, including, but not limited to, any construction
manager, general contractor or subcontractor, and any person engaged
in anyone or more of the following: earthwork, pipework, paving, building,
plumbing, mechanical, electrical, landscaping or material supply.
Area of the land's surface disturbed by any work or activity
upon the property by means, including, but not limited to, grading;
excavating; stockpiling soil, fill, or other materials; clearing;
vegetation removal; removal or deposit of any rock, soil, or other
materials; or other activities which expose soil. Disturbed area does
not include the tillage of land that is zoned for agricultural use.
The disturbance of soil on a site associated with construction
activities.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
A plan that indicates the specific measures and sequencing
to be used for controlling sediment and erosion on a development site
during construction activity according to locally approved standards,
specification, and guidance.
Measures that prevent soil erosion to the maximum extent
practicable.
A plan that indicates the drainage characteristics of the
completed project. The plan will also indicate the future conditions
post-construction BMPs will be maintained under.
When all soil disturbing activities at the site have been
completed, and vegetative cover has been established with a uniform
density of at least seventy percent (70%) of pre-disturbance levels,
or equivalent permanent, physical erosion reduction methods have been
employed. For purposes of this Chapter, establishment of a vegetative
cover capable of providing erosion control equivalent to pre-existing
conditions at the site is considered final stabilization.
Any land change, including, but not limited to, clearing,
digging, grubbing, stripping, removal of vegetation, dredging, grading,
excavating, transporting and filling of land, construction, paving,
and any other installation of impervious cover.
Any land development that may result in soil erosion from
wind, water and/or ice and the movement of sediments into or upon
waters, lands, or right-of-way.
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, catch basins, inlets,
piped storm drains, pumping facilities, retention and detention basins,
natural and human-made or altered drainage ditches/channels, reservoirs,
and other drainage structures.
A permit issued by the EPA [or by a state under authority
delegated pursuant to 33 USC § 1342(b)] that authorizes
the discharge of pollutants to Waters of the State.
Any discharge to the storm drain system that is not composed
entirely of stormwater.
The individual who has day-to-day supervision and control
of activities occurring at the construction site. This can be the
owner, the developer, the general contractor or the agent of one of
these parties.
The person who owns a facility, development, part of a facility,
or land.
Any individual, association, organization, partnership, firm,
corporation, cooperative, limited liability company or other entity
recognized by law.
Clearing a parcel of land in distinct phases, with the stabilization
of each phase before the clearing of the next.
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 and wastes; sewage, fecal coliform
and pathogens; dissolved and particulate metals; animal wastes; wastes
and residues that result from constructing a building or structure;
wastes and residues that result from mobile washing operations; and
noxious or offensive matter of any kind.
The presence in Waters of the State of any substances, contaminants,
pollutants, or manmade or man-induced impairment of waters or alteration
of the chemical, physical, biological, or radiological integrity of
water in quantities or at levels which are or may be potentially harmful
or injurious to human health or welfare, animal or plant life, or
property or which unreasonably interfere with the enjoyment of life
or property, including outdoor recreation unless authorized by applicable
law.
The general time period referenced in perpetuity from the
approval for final acceptance of the construction phase of any construction
activity.
Any building, lot, parcel or tract of land, or portion thereof,
whether improved, or un-improved, and including adjacent sidewalks
and parking strips.
Any Waters of the State, including any and all surface waters
that are contained in or flow in or through the State of Missouri;
all watercourses, even if they are usually dry, irrigation ditches
that receive municipal stormwater, and storm sewer systems owned by
other entities.
Any construction, alteration or improvement performed on
a previously developed site.
Soil (or mud) that has been disturbed or eroded and transported
naturally by water, wind or gravity, or mechanically by any person.
Measures that prevent eroded sediment from leaving the site.
The land or water area where any facility or activity is
physically located or conducted, including adjacent land used in connection
with the facility or activity.
A release of solid or liquid material, which may cause pollution
of the MS4 or Waters of the State.
The use of practices that prevent exposed soil from eroding.
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 person during the construction
activities, which identifies 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.
Includes activities associated with the platting of any parcel
of land into two (2) or more lots and all construction activity taking
place thereon.
Private utility companies, public utility departments, or
other utility providers contractors working for such private utility
companies, or public entity utility departments, or other utility
providers engaged in the construction or maintenance of utility lines
and services, including water, sanitary sewer, storm sewer, electric,
gas, telephone, television and communication services.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
A natural or artificial channel through which water can flow.
Any and all surface and subsurface waters that are contained
in or flow in or through the State of Missouri. The definition includes
all watercourses, even if they are usually dry.
[Ord. No. 16-008 §1, 6-13-2016]
The standards set forth herein and promulgated pursuant to this Chapter are minimum standards that shall apply to all construction activities which require an approval according to Section 255.050 of this Chapter. Compliance with this Chapter does not act as a waiver or defense to any person for operating a construction site in a manner that allows or causes stormwater contamination, pollution, or unauthorized discharge of pollutants. The owner and operator of any approved construction activity shall be responsible for ensuring all activity - including the actions of all contractors, subcontractors, trade professionals, delivery personnel and others present at a construction site - are in compliance with all requirements of this Chapter. An owner shall be responsible for notifying the City when any transfer of ownership and liability under this Chapter occurs.
[Ord. No. 16-008 §1, 6-13-2016]
The City shall administer, implement, and enforce the provisions
of this Chapter. Any powers granted or duties imposed upon the City
may be delegated by the Mayor or City administration or to persons
or entities acting in the beneficial interest of or in the employ
of the City.
[Ord. No. 16-008 §1, 6-13-2016]
The provisions of this Chapter are hereby declared to be severable.
If any provision, clause, sentence, or paragraph of this Chapter 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 Chapter.
[Ord. No. 16-008 §1, 6-13-2016]
A.
This Chapter shall be applicable to all construction activity and land developments requiring/including, but not limited to, site plan applications, subdivision applications, building applications, and right-of-way applications from the City, unless exempt pursuant to Subsection (B) below. These provisions apply to all portions of any common plan of development or sale which would cause the disturbance of at least one (1) acre of soil even though multiple, separate and distinct land development activities may take place at different times on different schedules.
B.
The following activities are exempt from this Chapter:
[Ord. No. 16-008 §1, 6-13-2016]
A.
Except as provided in the Illicit Discharge and Connection Stormwater
Regulations Ordinance, it is unlawful for any person to discharge
non-stormwater into the MS4.
B.
It is unlawful for any person or representative at a construction
site to cause, or allow to be caused the impact, damage and/or removal
of any approved stormwater pollution control measure without the owner's
knowledge and consent.
C.
Stormwater discharges from construction activities shall not cause
or threaten to cause pollution, contamination or degradation of Waters
of the State.
[Ord. No. 16-008 §1, 6-13-2016]
A.
General Requirements For Construction Activities.
1.
Except for construction activity relating to the building phase of development, the City shall require proof of coverage by a general permit authorization for storm water discharges from construction sites before providing approval for construction activity covered in Section 255.050 of this Chapter.
2.
A pre-construction meeting shall be scheduled with an appointed
official with the City to review the installation of all temporary
erosion and sediment control BMPs included on the approved erosion
and sediment control plan at least two (2) business days before any
construction activities are scheduled to start.
3.
Solid waste, industrial waste, yard waste and any other pollutants
or waste on any construction site shall be controlled through the
use of BMPs. Waste or recycling containers shall be provided and maintained
by the owner or contractor on construction sites where there is the
potential for release of waste. Uncontained waste that may blow, wash
or otherwise be released from the site is prohibited. Sanitary waste
facilities shall be provided and maintained in a secured manner.
4.
Ready-mixed concrete, or any materials resulting from the cleaning
of vehicles or equipment containing such materials or used in transporting
or applying ready-mixed concrete, shall not be allowed to discharge
from any construction site.
5.
Cover or perimeter control shall be applied within fourteen
(14) days to any soil stockpiles that will remain undisturbed for
longer than thirty (30) days.
6.
Disturbed soil shall be managed with BMPs that are adequately
designed, installed, and maintained according to locally-approved
technical standards, specifications and guidance for the duration
of the construction activity to minimize erosion and contain sediment
within the construction limits.
7.
Sediment tracked or discharged onto public right-of-way shall
be removed immediately.
8.
Bulk storage structures for petroleum products and other chemicals
shall have adequate protection to contain all spills and prevent any
spilled material from entering the MS4 or Waters of the State.
9.
Temporary BMPs shall be removed and disturbed areas shall be
stabilized with permanent BMPs at the conclusion of all approved construction
activity.
B.
Requirements For The Building Phase Of Development. Any person who engages in construction activity is responsible for
compliance with this Chapter and all applicable terms and conditions
of the approved construction activity and SWPPP as it relates to the
building phase of development. The following information shall be
included with the application for a building permit and be submitted
to the Chief Building Official:
1.
Either the legal description and NPDES permit number for the
larger common plan of development; or
2.
The location of the property where the building phase of development
is to occur; and
3.
A certification that the building phase of development for the
property described on the application for the building permit will
be conducted in conformance with the construction activity SWPPP.
C.
Construction Stormwater Pollution Prevention Plan.
1.
A SWPPP shall be prepared and updated in accordance with locally-approved
technical standards, specification, and guidance for construction
activity within the City and shall include an erosion and sediment
control plan for land disturbance.
2.
The SWPPP shall include a description of all potential pollution
sources, temporary and permanent BMPs that will be implemented at
the site as approved by the City.
3.
The erosion and sediment control plan shall be submitted to the City for review with any application covered in Section 255.050 of this Chapter.
4.
Land disturbing activities may not proceed until approval of
the erosion and sediment control plan is provided by the City.
5.
The owner or operator is required to have a copy of the SWPPP
readily available for review with content that reflects the current
condition of the construction activity and all records that demonstrate
compliance and are required by this Chapter.
6.
The SWPPP shall include a description of routine site inspections.
a.
The owner or their representative shall inspect all BMPs at
intervals of no greater than fourteen (14) calendar days and within
twenty-four (24) hours after any precipitation event of at least one
half (1/2) inch.
b.
Inspections of BMPs shall be conducted by an individual who
is personally knowledgeable in the principles and practice of erosion
and sediment controls who possesses the skills to assess conditions
at the construction site that could impact stormwater quality and
to assess the effectiveness of any erosion and sediment control measures
selected to control the quality of stormwater discharges from the
construction activity.
c.
Inspection reports shall provide the name and qualification
of the inspector, date of the evaluation, risks to stormwater quality
identified, and all corrective actions necessary to prevent stormwater
pollution.
d.
The owner or operator of a construction activity may be requested
to submit copies of inspection reports for review on a periodic basis
by the City.
7.
Based on inspections performed by the owner, operator, authorized
City personnel, State or Federal regulators modifications to the SWPPP
will be necessary if at any time the specified BMPs do not meet the
objectives of this Chapter. In this case, the owner shall meet with
an appointed official of the City to determine the appropriate modifications.
All required modifications shall be completed within seven (7) calendar
days of receiving notice of inspection findings, and shall be recorded
in the SWPPP.
8.
The owner or operator of a construction site shall be responsible
for amending the SWPPP whenever there is a significant change in design,
construction, operation, or maintenance, which has a significant effect
on the potential for discharge of pollutants to the MS4 or receiving
waters, or if the SWPPP proves to be ineffective in achieving the
general objectives of controlling pollutants in stormwater discharges
associated with land disturbance.
9.
Records of inspection are to be maintained with the SWPPP for
the life of the project. Inspection records are to be available to
City inspectors upon request. Delay in providing a copy of the SWPPP
or any requested records shall constitute a violation of this Chapter.
D.
Requirements For Utility Construction.
1.
Utility agencies or their representatives shall develop and implement BMPs to prevent the discharge of pollutants on any site of utility construction within the City. The City may require additional BMPs on utility construction activity. If the utility construction disturbs greater than one (1) acre, the utility agency must comply with the requirements of Section 255.070(A) & (B) of this Chapter.
2.
Utility agencies or their representatives shall implement BMPs
to prevent the release of sediment from utility construction sites.
Disturbed areas shall be minimized, disturbed soil shall be managed
and construction site exits shall be managed to prevent sediment tracking.
Sediment tracked onto public right-of-way shall be removed immediately.
3.
Prior to entering a construction site or subdivision development,
utility agencies or their representatives shall obtain and comply
with any approved erosion and sediment control plans for the project.
Any impact to construction and post-construction BMPs resulting from
utility construction shall be repaired by the utility company within
forty-eight (48) hours.
[Ord. No. 23-010, 3-13-2023]
A.
Enforcement
of this Chapter shall be the responsibility of the Director of Public
Works or his/her representative.
B.
The
party or parties responsible and liable for actions or non-action
in regard to this Chapter, including responsibility for abating violations
of this Chapter, shall be the property owner or person(s) authorized
to act on the property owner's behalf; or any person allowing, causing,
or contributing to a violation of this Chapter.
C.
If
an investigation or inspection results in a finding of non-compliance
with this Chapter, the director is authorized to issue a Notice of
Violation (NOV) that may, at the discretion of the Director, include
a stop work order or a citation.
1.
The NOV shall specify the deficiencies, what corrective action is
necessary, and a specific time frame in which the responsible party
is to achieve compliance. The written NOV, including a stop work order
or citation as applicable, shall be mailed, postage prepaid, or hand-delivered
to both the permittee and owner.
2.
Failure to comply with a notice from the Director shall result in
the issuance of a stop work order or citation.
a.
Issuance of a stop work order shall result in a suspension of all
construction activity on the site, except for work related to remediation
of the violation, until the violation is resolved to the City's satisfaction.
The stop work order shall also suspend the right of the permittee,
applicant, owner, contractor, developer, or any related entity to
build or construct any structure or public improvement on any portion
of the site. It shall be unlawful for any person or responsible party
to fail to comply with a stop work order.
b.
The Director and the Public Works Department, upon issuance of a stop work order, are authorized to suspend the issuance of building permits and occupancy permits for structures on any portion of the site; terminate City utility services to the site; and suspend all inspections and plan review related to any other work that is taking place on the site, until such time as the violation is resolved to the City's satisfaction. Stop work orders shall specifically state the provisions of this Chapter or the land disturbance permit being violated. Any person, who shall continue any work in or about the site after having been served with a stop work order, except such work related to remediation of the violation, shall be subject to penalties as specified in Section 255.090.
c.
A stop work order may be lifted upon the presentation and construction
of an accepted plan to a void sediment runoff and the removal of any
such sediment as ordered.
d.
All stop work orders that are issued by the Director must be posted
on the site on which the grading activity is taking place, and in
reasonable proximity to a location where the grading activity is taking
place. All stop work orders posted in this manner shall be considered
validly delivered.
e.
It shall be the responsibility of the owner to ensure that no violation
of this Chapter occurs on his/her property. If the responsible party
fails to comply with a NOV, stop work order, or there is no immediate
settlement, a citation or summons to court may be issued to the responsible
party. The summons to court shall contain all the information required
by the City Code and will be enforced and issued through the Municipal
Court.
f.
The Director, at his/her sole discretion, shall have the option of
causing a citation or summons to Municipal Court to be issued immediately
upon discovery of a violation, in lieu of a NOV.
[Ord. No. 23-010, 3-13-2023]
A.
Any
person who violates the provisions of this Chapter shall be subject
to the following penalties:
1.
Any person convicted of violating the provisions of this Chapter
shall be punished by a fine not greater than five hundred dollars
($500.00) or confinement in the City Jail for a period not to exceed
ninety (90) days, or both fine and confinement, and each day in which
any such violation continues shall be deemed a separate offense.
2.
The City may hereby recover all attorneys' fees, court costs, fines,
or penalties assessed against the City by the Missouri Department
of Natural Resources, and all other expenses associated with enforcement
of this Chapter.
3.
Any person violating any of the provisions of this Chapter shall
become liable to the City for any expense, loss or damage occasioned
the City by reason of such violation.
