[Ord. No. 16-009 §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 require the construction of locally-approved, permanent post-construction
stormwater runoff controls to protect water quality and maintain non-erosive
hydrologic conditions downstream of construction activity and development;
3.
To require responsibility for and long-term maintenance of structural
stormwater control facilities and non-structural stormwater management
by the lawful owner; and
4.
To enable legal authority to carry out all inspection, surveillance,
monitoring and enforcement procedures necessary to ensure compliance
with this Chapter.
[Ord. No. 16-009 §1, 6-13-2016]
A.
Post-Construction Requirement of Permanent BMPs.
1.
Land development that meets the requirements of Section 255.050 must address stormwater requirements for runoff volume control through the use of permanent BMPs. Permanent BMPs shall be provided for in the drainage plan for any subdivision plat, annexation plat, development agreement, subdivision agreement or other local development plan.
2.
Structural BMPs located on private property shall be owned and
operated by the owner(s) of the property on which the BMP is located;
unless the City agrees, in writing, that a person or entity other
than the owner shall own or operate said BMP. As a condition of approval
of the BMP, the owner shall also agree to maintain the BMP in perpetuity
to its design capacity unless, or until, the City shall relieve the
property owner of that responsibility, in writing. The obligation
to maintain the BMP shall be memorialized on the subdivision plat,
annexation plat, development agreement, subdivision agreement or other
form acceptable to the City and shall be recorded with the City Public
Works Department.
B.
Certification Of Permanent BMPs. Upon completion
of a project, and before a certificate of occupancy shall be granted,
the City shall be provided a written certification stating that the
completed project is in compliance with the approved final stormwater
plan. All applicants are required to submit "as built" plans for any
permanent BMPs once final construction is completed and must be certified
by a professional engineer. A final inspection by the City of all
post-construction BMPs shall be required before a certificate of occupancy
will be issued or any public infrastructure is accepted.
C.
Ongoing Inspection And Maintenance Of Permanent BMPs.
1.
The owner of site must, unless an on-site stormwater management
facility or practice is dedicated to and accepted by the City, execute
an inspection and maintenance agreement, that shall be binding on
all subsequent owners of the permanent BMPs.
2.
Permanent BMPs included in a final stormwater plan which are
subject to an inspection and maintenance agreement must undergo ongoing
inspections to document maintenance and repair needs and to ensure
compliance with the requirements of the agreement, the plan and this
Chapter.
[Ord. No. 16-009 § 1, 6-13-2016; Ord.
No. 23-009, 3-13-2023]
A.
All BMPs designed to meet the requirements of this Chapter shall
reference the appropriate technical standards, specifications and
guidance as follows:
1.
Webb City Erosion Prevention and Sediment Control Guidelines;
2.
National Menu of Stormwater Best Management Practices;
3.
Greene County Design Standards Section 115, Water Quality Protection,
which are incorporated by reference as though fully set forth herein;
4.
Any other alternative methodology approved by the City, which
is demonstrated to be effective.
[Ord. No. 16-009 § 1, 6-13-2016]
The City will consider information from the public as it pertains
to the implementation and enforcement of this Chapter.
[Ord. No. 16-009 § 1, 6-13-2016]
The City shall designate appointed personnel with authority
to conduct inspections, issue notices of violations and implement
other enforcement actions under this Chapter as provided by the City.
[Ord. No. 16-009 § 1, 6-13-2016]
A.
Whenever the City has cause to believe that there exists, or potentially
exists, in or upon any premises any condition which constitutes a
violation of this Chapter, the owner or operator shall provide access
to the premises at any reasonable time to determine if there exists
an actual or potential violation requirements of this Chapter. In
the event that the owner or occupant refuses entry after a request
to enter has been made, the City is hereby empowered to seek assistance
from a court of competent jurisdiction in obtaining such entry.
B.
The City shall have the right to employ such devices and undertake
such an inspection, on or off premises, as are necessary, to determine
whether the requirements of this Chapter are met. The inspection may
include, but is not limited to, the following: sampling of any discharge
and/or process waters, the taking of photographs, interviewing staff
on alleged violations, and access to any and all facilities or areas
within the premises that may have any effect on the discharge.
[Ord. No. 16-009 § 1, 6-13-2016]
A.
It shall be unlawful for any person to violate any provision or fail
to comply with any of the requirements of this Chapter. Any person
who violates any of the provisions of this Chapter, shall be subject
to one (1) or more of the enforcement actions outlined in this Section.
Any violation or threatened violation may be restrained by injunction
or otherwise abated in a manner provided by law.
B.
In the event the violation constitutes an immediate danger to public
health or public safety, the City representative is authorized to
enter upon the subject private property, without giving prior notice,
to take any and all measures necessary to abate the violation and/or
restore the property. The City is authorized to seek costs of abatement
as outlined in this Section.
1.
Compliance directive. In addition to any other
remedy available to the City, City inspectors may issue compliance
directives at the time of inspection to require a person to implement
actions that will correct any violation of this Chapter.
2.
Notice of violation. Whenever the City 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:
a.
The performance of monitoring, analyses, and reporting;
b.
The elimination of illicit connections or discharges;
c.
That 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;
e.
Payment of a fine to cover administrative and remediation costs;
and
f.
The implementation of source control or treatment BMPs.
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If abatement of a violation or the 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 complete the remediation
or restoration within the established deadline, the work may be done
by the authorized enforcement agency or its designee and the expense
thereof shall be charged to the violator.
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3.
Appeal of notice of violation. Any person receiving
a notice of violation may appeal the determination of the authorized
enforcement agency. 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 its 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 their designee
shall be final.
4.
Enforcement measures after appeal. 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 ten (10)
days of the decision of the municipal authority upholding the decision
of the authorized enforcement agency, then representatives of the
authorized enforcement agency and its designees are authorized to
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, agent or
person in possession of any premises to refuse to allow the City or
designated agent to enter upon the premises for the purposes set forth
above.
5.
Stop work order. Whenever the City determines
that any activity is occurring which is not in compliance with the
requirements of this Chapter, the City may order such activity stopped
upon service of written notice upon the owner and/or operator responsible
for or conducting such activity. Such owner and/or operator shall
immediately stop all activity until authorized, in writing, by the
City to proceed. If the appropriate owner and/or operator cannot be
located, the notice to stop shall be posted in a conspicuous place
upon the area where the activity is occurring. The notice shall state
the nature of the violation. The notice shall not be removed until
the violation has been cured or authorization to remove the notice
has been issued by the City. It shall be unlawful for any owner and/or
operator to fail to comply with a stop work order.
6.
Cost of abatement of the violation. If the
authorized enforcement agency abates a violation, then within ten
(10) days after abatement of the violation, the owner of the property
will be notified of the cost of abatement, including administrative
costs. Such notice shall be given by personal delivery or by mail
to the last known address of the owner as shown in the records of
the County Assessor. Such notice shall be effective upon the date
of mailing or personal delivery. The property owner may file a written
protest objecting to the amount of the assessment within ten (10)
days of the effective date of the notice. If no protest is filed,
then the charges shall become due and payable on the date set forth
in the notice, which date shall be after the expiration of the time
in which to file an appeal, and such charges shall become a special
assessment against the property and shall constitute a lien on the
property for the amount of the assessment. In the event a protest
is filed, a hearing on such protest shall be held before the appropriate
authority or its designee within fifteen (15) days from the date of
receipt of the written protest. If any charges are upheld upon completion
of such hearing, then such charges shall become due and payable ten
(10) days after the issuance of the order upon such protest and if
not timely paid, such charges shall become a special assessment against
the property and shall constitute a lien on the property for the amount
of the assessment. Such charges may also be recovered in a civil action
against the owner or other person in control of the premises for which
such charges were incurred, and any person violating any of the provisions
of this Chapter shall be liable to the City for all costs, fees, charges
and expenses, including but not limited to administrative costs and
legal fees and costs, by reason of such violation.
7.
Civil penalties. In the event the alleged violator
fails to take the remedial measures set forth in the notice of violation
or otherwise fails to cure the violations described therein within
ten (10) days after the City has taken the actions described above,
the City may impose a penalty not to exceed five hundred dollars ($500.00)
(depending on the severity of the violation) for each day the violation
remains un-remedied after the receipt of the notice of violation.
8.
Criminal penalties; enforcement costs. Any
person who violates any provision of this Chapter shall be liable
to criminal prosecution to the fullest extent of the law, and shall
be subject to a criminal penalty of up to five hundred dollars ($500.00)
per violation per day and/or imprisonment for a period of time not
to exceed one (1) year. The City may recover all attorneys' fees,
court costs and other expenses associated with enforcement of this
Chapter, including sampling and monitoring expenses.
9.
Injunctive relief. The authorized enforcement
agency may petition for a preliminary or permanent injunction restraining
any person from undertaking any activities which would result in a
violation or continued violation of this Chapter, and may seek mandatory
injunctive relief compelling the person to perform abatement or remediation
of any violation of this Chapter.
10.
Violations deemed a public nuisance. In addition
to the enforcement processes and penalties provided herein, any condition
caused or permitted to exist in violation of any of the provisions
of this Chapter 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, or may be subject of a civil
action to abate, enjoin, or otherwise compel the cessation of such
nuisance.
11.
Remedies not exclusive. Except as expressly
provided above, the remedies in this Section are cumulative and the
exercise of any one or more remedies shall not prejudice any other
remedies that may otherwise be pursued for a violation of this Chapter.
The remedies listed in this Chapter are not exclusive of any other
remedies available under any applicable Federal, State or local law
and it is within the discretion of the authorized enforcement agency
to seek cumulative remedies.
[Ord. No. 16-009 §1, 6-13-2016]
Any person who violates a prohibition or fails to meet a requirement of this Chapter will be subject, without prior notice, to one (1) or more of the enforcement actions identified in Section 260.060, when attempts to contact the person have failed and the enforcement actions are necessary to stop an actual or potential discharge which presents or may present imminent danger to the environment, or to the health or welfare of persons, or to the MS4.
[Ord. No. 16-009 §1, 6-13-2016]
Notwithstanding any other remedies or procedures available to
the City, if any person discharges into the MS4 in a manner that is
contrary to the provisions of this Chapter, the City Attorney may
commence an action for appropriate legal and equitable relief including
damages and costs in the County Court. The City Attorney may seek
a preliminary or permanent injunction or both which restrains or compels
the activities on the part of the discharger.
[Ord. No. 16-009 §1, 6-13-2016]
Any other ordinances, parts of ordinances, or resolutions of
the City of Webb City in conflict herewith are hereby repealed.
[Ord. No. 16-009 §1, 6-13-2016]
This Chapter shall take effect and be in force from and after
its passage, approval, and publication as required by law.
