Section 422.110 Requirement To Prevent, Control and Reduce Stormwater Pollutants By The Use of Best Management Practices.
[Ord. No. 07-159 §1, 11-27-2007]
The purpose of this Chapter is to provide for the health, safety and general welfare of the citizens of unincorporated St. Charles County through the regulation of non-stormwater discharges to a stormwater drainage system to the maximum extent practicable as required by Federal and State law. Specifically, this Chapter establishes methods for controlling the introduction of pollutants into the stormwater drainage system in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this Chapter are:
To regulate the contribution of pollutants to stormwater drainage systems due to stormwater discharges by any user;
To prohibit illicit connections and discharges to stormwater drainage systems; and
To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this Chapter.
[Ord. No. 07-159 §2, 11-27-2007; Ord. No. 08-033 §§2—3, 4-4-2008]
For the purposes of this Chapter, the following terms shall mean:
- AUTHORIZED ENFORCEMENT AGENCY
- The Director of Community Development for St. Charles County or his or her designee or an agency or other political subdivision of the State of Missouri authorized to regulate the discharge or control of stormwater.
- 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.
- CONSTRUCTION ACTIVITY
- Activities subject to NPDES construction permits. These include 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.
- The Director of Community Development of St. Charles County, Missouri.
- HAZARDOUS MATERIALS
- Any material, including any substance, waste or combination thereof, which is defined as a hazardous substance by the Administrator of the United States Environmental Protection Agency pursuant to 33 USC Section 1321(b)(2)(A), as amended, of the Clean Water Act, in 40 CFR Sections 117.1 to 117.3 and 302.1 to 302.4 and its Appendices A and B.
- ILLEGAL DISCHARGE
- Any direct or indirect non-stormwater discharge to stormwater drainage systems, except as exempted in Section 422.070 of this Chapter.
- ILLICIT CONNECTIONS
- Either of the following:
- 1. Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter stormwater drainage systems including, but not limited to, any conveyances which allow any non-stormwater discharge including sewage, process wastewater and wash water to enter stormwater drainage systems and any connections to such systems from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted or approved by St. Charles County; or
- 2. Any drain or conveyance connected from a commercial or industrial land use to a stormwater drainage system which has not been documented in plans, maps or equivalent records and approved by St. Charles County.
- INDUSTRIAL ACTIVITY
- Activities subject to NPDES industrial permits as defined in 40 CFR, Section 122.26 (b)(14).
- NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT
- A permit issued by EPA (or by a State under authority delegated pursuant to 33 U.S.C. Section 1342(b)) 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.
- NON-STORMWATER DISCHARGE
- Any discharge to a stormwater drainage system that is not composed entirely of stormwater.
- 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.
- Any thing which causes or contributes to pollution including, but 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 or accumulations; floatables; pesticides, herbicides and fertilizers; hazardous materials; 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.
- Any building, lot, parcel of land or portion of land whether improved or unimproved including adjacent walks and parking areas.
- Any surface flow, runoff and drainage consisting entirely of water from any form of natural precipitation and resulting from such precipitation.
- STORMWATER 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 POLLUTION PREVENTION PLAN (SWPPP)
- 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.
- Any water or other liquid discharged from a facility that is "wastewater" as defined in 10 CSR 20-2.010, as amended.
[Ord. No. 07-159 §3, 11-27-2007]
This Chapter shall apply to all water entering stormwater drainage systems generated on any developed and undeveloped lands unless explicitly exempted by St. Charles County.
[Ord. No. 07-159 §4, 11-27-2007]
The Director or his or her designee shall administer, implement and enforce the provisions of this Chapter.
[Ord. No. 07-159 §5, 11-27-2007]
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. 07-159 §6, 11-27-2007]
The standards set forth herein and promulgated pursuant to this Chapter are minimum standards; therefore this Chapter does not intend or imply that compliance by any person will ensure that there will be no contamination, pollution or unauthorized discharge of pollutants.
[Ord. No. 07-159 §7, 11-27-2007]
Prohibition Of Illegal Discharges. No person shall discharge or cause to be discharged into stormwater drainage systems 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. The commencement, conduct or continuance of any illegal discharge to stormwater drainage systems or watercourses is prohibited except as described as follows:
The following discharges are exempt from discharge prohibitions established by this Chapter: water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to stormwater drainage systems, uncontaminated pumped ground water, foundation or footing drains (not including active ground water dewatering systems), crawl space pumps, air conditioning condensation, springs, non-commercial washing of vehicles, natural riparian habitat or wet-land flows, swimming pools (if dechlorinated—typically less than one (1) PPM chlorine), fire-fighting activities and any other water source not containing pollutants.
Discharges specified in writing by the Director or another authorized enforcement agency as being necessary to protect public health and safety.
Dye testing is an allowable discharge, but requires a verbal notification to St. Charles County prior to the time of the test.
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 stormwater drainage systems.
Prohibition Of Illicit Connections.
The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited.
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.
A person is considered to be in violation of this Chapter if the person connects a line conveying sewage to stormwater drainage systems or allows such a connection to continue.
[Ord. No. 07-159 §8, 11-27-2007]
Suspension Due To Illicit Discharges In Emergency Situations. The Director may, without prior notice, suspend discharge access to stormwater drainage systems by any 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 stormwater drainage systems or to waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the Director may take such steps as deemed necessary to prevent or minimize damage to the stormwater drainage system or waters of the United States or to minimize danger to persons.
Suspension Due To The Detection Of Illicit Discharge. Any person discharging to stormwater drainage systems in violation of this Chapter may have their access to such systems terminated if such termination would abate or reduce an illicit discharge. The authorized enforcement agency will notify a violator of the proposed termination of its access to a stormwater drainage system. The violator may petition the authorized enforcement agency for a reconsideration and hearing.
A person commits an offense if the person reinstates access to a stormwater drainage system for premises terminated pursuant to this Section, without the prior approval of the authorized enforcement agency.
[Ord. No. 07-159 §9, 11-27-2007]
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 Director prior to the allowing of discharges to stormwater drainage systems.
[Ord. No. 07-159 §10, 11-27-2007]
Applicability. This Section applies to all facilities that have stormwater discharges associated with industrial activity, including construction activity.
Access To Facilities.
The Director or his or her designees, including inspectors within St. Charles County's Department of Community Development, shall be permitted to enter and inspect facilities subject to regulation under this Chapter as often as may be necessary to determine compliance with this Chapter. 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 authorized enforcement agency.
Facility operators shall allow the Director or his or her designees, including inspectors within St. Charles County's Department of Community Development, 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.
The Director or his or her designees, including inspectors within St. Charles County's Department of Community Development, shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the authorized enforcement agency to conduct monitoring and/or sampling of the facility's stormwater discharge.
The Director or his or her designees, including inspectors within St. Charles County's Department of Community Development, have 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 their accuracy.
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 Director or his or her designees, including inspectors within St. Charles County's Department of Community Development, and shall not be replaced. The costs of clearing such access shall be borne by the operator.
Unreasonable delays in allowing the Director or his or her designees, including inspectors within St. Charles County's Department of Community Development, access to a permitted facility is a violation of a stormwater discharge permit and of this Chapter. A person who is the operator of a facility with a NPDES permit to discharge stormwater associated with industrial activity commits an offense if the person denies the authorized enforcement agency reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this Chapter.
If the Director or his or her designees, including inspectors within St. Charles County's Department of Community Development, have 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 Chapter 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 Chapter or any order issued hereunder or to protect the overall public health, safety and welfare of the community, then the authorized enforcement agency may seek issuance of a search warrant from any court of competent jurisdiction.
Section 422.110 Requirement To Prevent, Control and Reduce Stormwater Pollutants By The Use of Best Management Practices.
[Ord. No. 07-159 §11, 11-27-2007; Ord. No. 08-033 §4, 4-4-2008]
St. Charles County will adopt requirements identifying Best Management Practices (BMPS) for any activity, operation or facility which may cause or contribute to pollution or contamination of stormwater, of stormwater drainage systems or of waters of the United States. The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses through the use of these structural and non-structural BMPs. Further, any person responsible for a property or premise, 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 stormwater drainage systems. 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. 07-159 §12, 11-27-2007]
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. 07-159 §13, 11-27-2007]
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, stormwater drainage systems or waters 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 authorized enforcement agency 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 or his or her designee 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.
[Ord. No. 07-159 §14, 11-27-2007; Ord. No. 08-033 §5, 4-4-2008]
Whenever the Director or his or her designees, including inspectors within St. Charles County's Department of Community Development, find that a person has violated a prohibition or failed to meet a requirement of this Chapter, the Director or his or her designee may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:
The performance of monitoring, analyses and reporting;
The elimination of illicit connections or discharges;
That violating discharges, practices or operations shall cease and desist;
The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property; and
Payment of a fine to cover administrative and remediation costs; and
The implementation of source control or treatment BMPs.
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 a designated governmental agency or a contractor and the expense thereof shall be charged to the violator.
[Ord. No. 07-159 §15, 11-27-2007]
Any person receiving a notice of violation may appeal the determination of the Director or his or her designee. The notice of appeal must be received within fifteen (15) days from the date of the notice of violation. Hearing on the appeal before the Director or his or her designee shall take place within fifteen (15) days from the date of receipt of the notice of appeal. The decision of the Director or his or her designee shall be final.
[Ord. No. 07-159 §16, 11-27-2007]
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 Director or his or her designee upholding the appealed decision, then the Director or his or her designees or representatives or contractors 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, agent or person in possession of any premises to refuse to allow the Director or his or her designees or representatives or contractors to enter upon the premises for the purposes set forth above.
[Ord. No. 07-159 §17, 11-27-2007]
Within sixty (60) days after abatement of the violation, the owner of the property will be notified of the costs of abatement, including all necessary inspections and administrative costs. If the amount due to the County for its abatement of the violation is not paid within a timely manner as determined by the decision of the Director or his or her designee, the Director shall certify the above costs to the St. Charles County Director of Finance. The St. Charles County Director of Finance shall prepare and issue to the owners of the property in violation a special tax bill against the property for those costs, payable within thirty (30) days of issuance. Each such special tax bill shall include a notice of lien stating that if the bill is not paid when due, it shall become, from the date of its issuance,a first (1st) lien on the property until paid, to be collected by the St. Charles County Collector of Revenue in the same way as property taxes are collected. Each such special tax bill shall be prima facie evidence of the recitals therein and of its validity, and no mere clerical error or informality in the tax bill or the proceedings leading up to its issuance shall be a defense thereto. The St. Charles County Director of Finance shall deliver each such special tax bill that remains unpaid after payment is due to the St. Charles County Collector of Revenue on or before the first (1st) day of June of each year, to be collected with property taxes as provided above.
Note—The words "the tax bill shall be" were deleted from the original text.
[Ord. No. 07-159 §18, 11-27-2007; Ord. No. 08-033 §6, 4-4-2008]
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Chapter. If a person has violated or continues to violate the provisions of this Chapter, the Director 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. 07-159 §19, 11-27-2007]
In lieu of enforcement proceedings, penalties and remedies authorized by this Chapter, the authorized enforcement agency may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc.
[Ord. No. 07-159 §20, 11-27-2007]
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 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 and/or a civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken.
[Ord. No. 07-159 §21, 11-27-2007]
Any person that has violated or continues to violate this Chapter shall be liable to criminal prosecution to the fullest extent of the law and shall be subject to a criminal penalty of one thousand dollars ($1,000.00) per violation per day and/or imprisonment for a period of time not to exceed one (1) year per violation per day.
The Director may recover all attorney's fees, court costs and other expenses associated with enforcement of this Chapter, including sampling and monitoring expenses.
[Ord. No. 07-159 §22, 11-27-2007]
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. 07-159 §23, 11-27-2007]
Enforcement of this Chapter shall be the responsibility of the County Counselor.