[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.
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.
