City of Excelsior Springs, MO
Clay County
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Table of Contents
Table of Contents
[Ord. No. 14-04-09 §1, 4-21-2014]
A. 
Purpose. This Chapter is adopted pursuant to the authority granted in 64.907, 64.825 — 64.885, Revised Statutes of Missouri and are intended to regulate non-stormwater discharges to the storm drainage system to the maximum extent practicable as required by federal and state law. This Chapter 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 Chapter 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 MS4.
3. 
To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this Chapter.
B. 
Applicability. This Chapter shall apply to all water entering the storm drain system generated on any developed and undeveloped lands unless explicitly exempted.
C. 
Ultimate Responsibility. The standards set forth in this article and promulgated pursuant to this article are minimum standards. Compliance with this article does not insure that there will be no contamination, pollution or unauthorized discharge of pollutants into the waters of the United States. This article shall not create liability on the part of the City or any agent or employee of the City for any damages that result from any discharges, reliance on this article or any administrative decision made under this article.
D. 
Stormwater Pollution Prevention. Any 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 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 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 compliant 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. 14-04-09 §1, 4-21-2014]
A. 
Illegal Discharges. It shall be unlawful for any person to discharge or cause to be discharged into the municipal separate storm sewer system or into any watercourse any material other than stormwater, except as provided below.
B. 
The following discharges are exempt from the discharge prohibitions established by this article:
1. 
Waterline flushing or other potable water sources;
2. 
Landscape irrigation or lawn watering;
3. 
Diverted stream flows;
4. 
Rising groundwater;
5. 
Groundwater infiltration;
6. 
Uncontaminated pumped groundwater;
7. 
Foundation or footing drains excluding active groundwater de-watering systems;
8. 
Crawlspace pumps, air conditioning condensation;
9. 
Springs;
10. 
Non-commercial washing of vehicles;
11. 
Natural riparian habitat or wetland flows;
12. 
Swimming pools if de-chlorinated to less than 1 ppm chlorine;
13. 
Fire fighting activities;
14. 
Other water not containing pollutants;
15. 
Discharges specified by the City as necessary to protect public health and safety;
16. 
Dye testing if notification is given to the City before the test; and
17. 
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 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 municipal separate storm sewer system.
C. 
Illicit Connections.
1. 
It shall be unlawful for any person to construct, use, maintain or have an illicit connection.
2. 
This Section expressly applies to illicit connections made in the past even if the connection was permissible under law or practices applicable or prevailing at the time of connection.
D. 
Waste Disposal Prohibitions. It shall be unlawful for any person to place, deposit or dump or to cause or allow the placing, depositing or dumping any refuse, rubbish, yard waste, paper litter or other discarded or abandoned objects, articles and accumulations containing pollutants into the municipal separate storm sewer system or into any waterway.
E. 
Connection Of Sanitary Sewer Prohibited. It shall be unlawful for any person to connect a line conveying sewage to the municipal separate storm sewer system or to allow such a connection to continue.
F. 
Industrial Or Construction Activity Discharges. It shall be unlawful for any person subject to an industrial activity or construction NPDES stormwater discharge permit to fail to comply with all provisions of such permit.
[Ord. No. 14-04-09 §1, 4-21-2014]
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 U.S. 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 nonhazardous materials, said person shall notify the City 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 City 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. 14-04-09 §1, 4-21-2014]
A. 
The City Council may, by ordinance, adopt standards identifying best management practices (BMP) for any activity, operation or facility which may cause or contribute to pollution of stormwater, the storm drain system, waters of the state or waters of the United States. These standards shall be on file at Excelsior Springs Public Works. It shall be unlawful for any person undertaking any activity or owning or operating any facility subject to such standards to fail to comply with the standards.
B. 
The owner or operator of a commercial or industrial establishment shall provide reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal separate storm sewer system or watercourses through the use of structural and non-structural BMPs. Any person responsible for property which is or may be the source of an illicit discharge may be required to implement additional structural and non-structural BMPs to prevent further discharge. 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 in compliance with provisions of this Section. These BMPs shall be a part of the stormwater pollution prevention plan as necessary for compliance with the requirements of the NPDES permit.