[Ord. No. 4466, 8-9-2021]
A.
Applicability.
This Chapter shall apply to all water entering the storm drain system
generated on any developed and undeveloped lands lying within the
City of Union including any amendments or revisions thereto.
B.
Responsibility
For Administration. The City Engineer shall administer, implement
and enforce the provisions of this Chapter. Any powers granted or
duties imposed upon the City Engineer may be delegated in writing
by the City Engineer to persons or entities acting in the beneficial
interest of or in the employ of the City.
C.
More
Stringent State And Federal And Local Regulations.
1.
In any instance in which the State Government or Federal Government
modifies an existing regulation or promulgates a new regulation which
establishes treatment, pretreatment or discharge standards or requirements
for new or existing users which are more stringent than those contained
in this Chapter, such State or Federal requirements shall, on the
effective date of the new regulations, supersede the less stringent
provisions of this Chapter and shall be fully enforceable under this
Chapter as if fully set out herein.
2.
In any instance in which a State, Federal or local government agency
imposes restrictions or limitations on the use of or discharges to
any facilities regulated by this Chapter which are more stringent
than the provisions of this Chapter, such restrictions or limitations
shall take precedence within the jurisdictional area of the State,
Federal or local government agency.
D.
Ultimate
Responsibility Of Discharger. The standards set forth herein and promulgated
pursuant to this Chapter are minimum standards; therefore, this Chapter
does not intend nor imply that compliance by any person will ensure
that there will be no contamination, pollution, nor unauthorized discharge
of pollutants into waters of the United States caused by said person.
This Chapter shall not create liability on the part of the City of
Union or any agent or employee thereof for any damages that result
from any discharger's reliance on this Chapter or any administrative
decision lawfully made thereunder.
E.
Prohibition Of Illicit 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, as set forth in Section 220.010(A)(15).
The commencement, 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 Section: 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, crawl space pumps,
air-conditioning condensation, springs, individual residential and
occasional non-commercial washing of vehicles, natural riparian habitat
or wetland flows, swimming pool, street wash waters, and flows from
firefighting activities.
2.
Discharges specified, in writing, by the authorized enforcement agency
as being necessary to protect public health and safety.
3.
Dye testing is an allowable discharge, but requires a verbal notification
to the authorized enforcement agency prior to the time of 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 by the State of Missouri 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 by the City of Union for any discharge to
the storm drain system.
F.
Prohibitions
Of Waste Disposal. 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 water of the
United States any refuse, rubbish, garbage, litter 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 purposes of collection are exempted
from this prohibition.
G.
Industrial
Or Construction Activity Discharges. 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(s) may be required in a form acceptable to the City of Union
prior to the allowing of discharges to the storm sewer system.
H.
Prohibition
Of Illicit Connections To The Storm Sewer System. The construction,
use, maintenance, or continued existence of illicit connections to
the storm sewer system is prohibited. This 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. Sanitary sewage conveyance into the storm
sewer system through new and existing connections is considered to
be in violation of this Section.
I.
Requirement
To Eliminate Or Secure Approval For Illicit Connections. The City
of Union 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. If, subsequent to eliminating a connection found
to be in violation of this Section, the responsible person can demonstrate
that an illicit discharge will no longer occur, said person may request
City approval to reconnect. The reconnection or reinstallation of
the connection shall be at the responsible person's expense.
J.
Requirement
To Eliminate Illegal Discharges. The City of Union 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.
K.
Watercourse
Protection. 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 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 said 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 their property lines in order to protect against erosion
and degradation of the watercourse originating or contributed from
their property.
L.
Monitoring
And Analysis Of Discharges. The City of Union may require by written
notice of requirement that any person engaged in any activity and/or
owning or operating any facility which may cause or contribute to
stormwater pollution, illegal discharges and/or non-stormwater discharges
to the storm drain system or waters of the United States to undertake
at said person's expense such monitoring and analyses and furnish
such reports to the City of Union as deemed necessary to determine
compliance with this Chapter.
M.
Requirement
To Remediate. Whenever the City Engineer 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
water of the United States, the City Engineer 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 the provisions of Subsections,
Appeal through Abatement, below.
N.
Notification
Of Spills. 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 water of the United States from said facility,
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 a hazardous material, said person shall immediately notify emergency
response officials of the occurrence via emergency dispatch services
"911." In the event of a release of non-hazardous materials, said
person shall notify the City Engineer in person or by phone or by
email or facsimile no later than 4:30 P.M. of the next business day.
Notifications in person or by phone shall be confirmed by written
notice addressed and mailed to the City Engineer 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.
O.
Authority
To Inspect. Whenever necessary to make an inspection to enforce any
provision of this Chapter or 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 City
may enter such premises at all reasonable times to inspect the same
and to inspect and copy records related to stormwater compliance.
In the event the owner or occupant refuses entry after a request to
enter and inspect has been made, the City is hereby empowered to seek
assistance from any court of competent jurisdiction in obtaining such
entry.
P.
Authority
To Sample, Establish Sampling Devices And Test. During any inspection
as provided herein, the City Engineer may take any samples and perform
any testing deemed necessary to aid in the pursuit of the inquiry
or to record site activities.
Q.
Notice
Of Violation. Whenever the City Engineer finds that a person has violated
a prohibition or failed to meet a requirement of this Chapter, the
City Engineer may order compliance by written notice of violation
to the responsible person. Such notice may require without limitation:
1.
The performance of monitoring, analyses 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 a fine to cover administrative and remediation costs;
and
6.
The implementation of source control or treatment management plans.
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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 done by the City, or a
contractor designated by the City Engineer and the expense thereof
shall be charged to the violator pursuant to the Subsection, Charging
Cost of Abatement/Liens, below.
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R.
Appeal.
Notwithstanding the provisions of the Subsection, Violations, below,
any person receiving a notice of violation under the Subsection, Notice
of Violation, above, may appeal the determination of the City Engineer
to the Board of Aldermen. The notice of appeal must be received by
the Board of Aldermen within five (5) days from the date of the notice
of violation. Hearing on the appeal before the Board of Aldermen or
his/her designee shall take place within fifteen (15) days from the
date of City's receipt of the notice of appeal. The decision of the
Board of Aldermen or designee shall be final.
S.
Abatement By City. As set forth in Section 220.010(D).
U.
Emergency Abatement. As set forth in Section 220.010(C).
V.
Violations. As set forth in Section 220.010(D)(4).
X.
Acts
Potentially Resulting In A Violation Of The Federal Clean Water Act.
Any person who violates any provision of this Chapter or any provision
of any requirement issued pursuant to this Chapter may also be in
violation of the Clean Water Act and/or State law and may be subject
to the sanctions of those acts including civil and criminal penalties.
Any enforcement action authorized under this Chapter shall also include
written notice to the violator of such potential liability.
