[Ord. No. 23-23, 12-5-2023]
A.
Statement Of Purpose. The purpose of this Chapter is to provide for
the health, safety, and general welfare of the citizens of the City
of Lake Lotawana, Missouri, through the regulation of 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 municipal
separate storm sewer system; and
3.
To establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
Chapter.
[Ord. No. 23-23, 12-5-2023]
For the purposes of this Chapter, the following shall mean:
The City's Department of Public Works, including the
employees or designees of the Director of the Department of Public
Works and the Zoning Administrator.
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.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
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.
Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
Any direct or indirect non-stormwater discharge to the storm drain system, except as exempted in Section 710.060(B) of this Chapter.
An illicit connection is defined as either of the following:
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the storm drain system,
including, but not limited to, any conveyances which allow any non-stormwater
discharge, including sewage, process wastewater, and wash water to
enter the storm drain system and any connections to the storm drain
system from indoor drains and sinks, regardless of whether said drain
or connection had been previously allowed, permitted, or approved
by an authorized enforcement agency; or
Any drain or conveyance connected from a commercial or industrial
land use to the storm drain system which has not been documented in
plans, maps, or equivalent records and approved by an authorized enforcement
agency.
Activities subject to NPDES industrial permits as defined
in 40 CFR § 122.26(b)(14).
The system of conveyances (including sidewalks, roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) owned and operated by
the City and designed or used for collecting or conveying stormwater,
and that is not used for collecting or conveying sewage.
A permit issued by EPA [or by the State of Missouri under
authority delegated pursuant to 33 U.S.C. § 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.
Any discharge to the storm drain 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.
Anything which causes or contributes to pollution. Pollutants
may include, but are 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, ordinances, and accumulations, so that same
may cause or contribute to pollution; floatables; pesticides, herbicides,
and fertilizers; hazardous substances and wastes; 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 sidewalks and parking strips.
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.
Any surface flow, runoff, and drainage consisting entirely
of water from any form of natural precipitation, and resulting from
such precipitation.
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, other than uncontaminated stormwater,
discharged from a facility.
[Ord. No. 23-23, 12-5-2023]
A.
This Chapter shall apply to all water entering the storm drain system
generated on any developed and undeveloped lands unless explicitly
exempted by an authorized enforcement agency.
B.
This Chapter is not intended to modify or repeal any other ordinance,
rule, regulation, or other provision of law. The requirements of this
ordinance are in addition to the requirements of any other ordinance,
rule, regulation, or other provision of law, and where any provision
of this Chapter imposes restrictions different from those imposed
by any other ordinance, rule, regulation, or other provision of law,
whichever provision is more restrictive or imposes higher protective
standards for human health or the environment shall control.
[Ord. No. 23-23, 12-5-2023]
The City's Department of Public Works shall administer,
implement, and enforce the provisions of this Chapter. Any powers
granted or duties imposed upon the authorized enforcement agency may
be delegated in writing by the director of the authorized enforcement
agency to persons or entities acting in the beneficial interest of
or in the employ of the agency.
[Ord. No. 23-23, 12-5-2023]
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.
[Ord. No. 23-23, 12-5-2023]
A.
Prohibition Of Illegal Discharges. No person shall, directly or indirectly,
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
and as further outlined in Section(s) 700.300 and 700.310.
B.
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 Chapter: 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 (not
including active groundwater 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.
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 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 the storm drain
system.
C.
Prohibition Of Illicit Connections.
1.
The construction, use, maintenance or continued existence of
illicit connections to the storm drain system is prohibited.
2.
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.
3.
A person is considered to be in violation of this Chapter if
the person connects a line conveying sewage to the MS4, or allows
such a connection to continue.
D.
The City may evaluate and remove any of the above said exemptions
if it is determined that they are having an adverse impact.
[Ord. No. 23-23, 12-5-2023]
A.
Suspension Due To Illicit Discharges In Emergency Situations. The
Department of Public Works may, without prior notice, suspend MS4
discharge access to a 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 the MS4 or waters of the United States.
If the violator fails to comply with a suspension order issued in
an emergency, the authorized enforcement agency may take such steps
as deemed necessary to prevent or minimize damage to the MS4 or waters
of the United States, or to minimize danger to persons.
B.
Suspension Due To The Detection Of Illicit Discharge. Any person
discharging to the MS4 in violation of this Chapter may have their
MS4 access 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 MS4 access. The violator
may petition the authorized enforcement agency for a reconsideration
and hearing.
C.
Commitment Of Offense. A person commits an offense if the person
reinstates MS4 access to premises terminated pursuant to this Section,
without the prior approval of the authorized enforcement agency.
[Ord. No. 23-23, 12-5-2023]
A.
Any person subject to a 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 Department
of Public Works prior to the allowing of discharges to the MS4.
B.
The operator of construction sites, required to have an NPDES permit
to discharge stormwater associated with construction activity shall
submit a copy of the notice of intent (NOI) to the Public Works Director
at the same time the operator submits the original NOI to the EPA
as applicable.
C.
The copy of the NOI may be delivered to the Public Works Director
either in person or by mailing it to:
|
Notice of Intent to Discharge Stormwater:
Public Works Director
City Hall
100 Lake Lotawana Road
Lake Lotawana, MO 64086
|
[Ord. No. 23-23, 12-5-2023]
A.
Applicability. This Section applies to all facilities that have stormwater
discharges associated with construction activity.
B.
Establishment Of An Illicit Discharge Detection And Elimination (IDDE)
Plan. The Department of Public Works is authorized to develop and
implement a plan to actively detect and eliminate prohibited discharges
and connections to the MS4 or surface waters within the City. Such
plan may include, but is not limited to, periodic and random inspections
of facilities, particularly those most associated with potentially
prohibited discharges; visual surveys of exterior practices; inspection,
sampling and analysis of discharges from outfalls of the MS4, particularly
during dry weather periods; manhole and pipe inspections to trace
discharges through the system to point of origin; education on pollution
prevention, and receipt of complaints and information from the public
regarding known or suspected discharges.
C.
Access To Facilities.
1.
The Department of Public Works or the Zoning Administrator (the
"authorized enforcement agency") 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.
2.
Facility operators shall allow the City's authorized enforcement
agency 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.
3.
The authorized enforcement agency 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.
4.
The authorized enforcement agency has 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.
5.
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 authorized enforcement
agency and shall not be replaced. The costs of clearing such access
shall be borne by the operator.
6.
Unreasonable delays in allowing the authorized enforcement agency
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.
7.
If the authorized enforcement agency has 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.
[Ord. No. 23-23, 12-5-2023]
The Department of Public Works (the "authorized enforcement
agency") will adopt requirements identifying best management practices
for any activity, operation, or facility which may cause or contribute
to pollution or contamination of stormwater, the storm drain system,
or 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 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 compliance with the provisions of this Section. These
BMPs shall be part of a stormwater pollution prevention plan (SWPP)
as necessary for compliance with requirements of the NPDES permit.
[Ord. No. 23-23, 12-5-2023]
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. 23-23, 12-5-2023]
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, 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 Department of Public Works 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. 23-23, 12-5-2023]
A.
Notice Of Violation. Whenever the Department of Public Works 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:
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.
6.
The implementation of source control or treatment BMPs.
B.
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. 23-23, 12-5-2023]
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 Board of Aldermen 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.
[Ord. No. 23-23, 12-5-2023]
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 thirty (30) days of the decision of the municipal authority
upholding the decision of the authorized enforcement agency, then
representatives of the authorized enforcement agency 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 government agency or designated
contractor to enter upon the premises for the purposes set forth above.
[Ord. No. 23-23, 12-5-2023]
A.
Within thirty (30) days after abatement of the violation, the person
and/or owner of the property will be notified of the cost of abatement,
including administrative costs. The person and/or property owner may
file a written protest objecting to the amount of the assessment within
ten (10) days. If the amount due is not paid within a timely manner
as determined by the decision of the municipal authority or by the
expiration of the time in which to file an appeal, the charges shall
become a special assessment against the property and shall constitute
a lien on the property for the amount of the assessment.
B.
Any person violating any of the provisions of this Chapter shall
become liable to the City by reason of such violation. The liability
shall be paid in not more than twelve (12) equal payments. Interest
at the rate of five percent (5%) per annum shall be assessed on the
balance beginning on the 31st day following discovery of the violation.
[Ord. No. 23-23, 12-5-2023]
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 authorized enforcement agency 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. 23-23, 12-5-2023]
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. 23-23, 12-5-2023]
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. 23-23, 12-5-2023]
Any person that has violated or continues to violate this Chapter
shall be liable to prosecution to the fullest extent of the law, and
shall be subject to a penalty of five hundred dollars ($500.00) per
violation per day and/or imprisonment for a period of time not to
exceed three (3) months, or by both such fine and imprisonment and
the costs of suit for a violation of the City Code. To the extent
authorized by law, the authorized enforcement agency may recover all
attorney's fees, court costs and other expenses associated with
enforcement of this Chapter, including sampling and monitoring expenses.
The prosecution is in addition to any other remedies set forth in
this Chapter.
[Ord. No. 23-23, 12-5-2023]
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.
Further, the remedies set forth herein are in addition to any
remedies enforced by the State or Federal Government under State or
Federal laws.
[Ord. No. 23-23, 12-5-2023]
A.
Permit Required.
1.
No person(s) may undertake a land-disturbing construction activity
without first obtaining a MODNR general operating permit and a City
erosion control/building permit or substantial land alteration permit
as outlined in the Municipal Code of the City of Lake Lotawana.
B.
Permit Application. Unless specifically excluded by this Section or Section 440.110, any responsible party desiring a City permit(s) shall submit to the City a permit application(s) made on a form provided by the City for that purpose.
C.
Design Standards.
1.
The City will require sites one (1) acre or greater to establish
stormwater management practices to control the peak flow rate of stormwater
discharge and mimic preconstruction conditions to the maximum extent
practicable. The City adopts the American Public Works Association
(APWA)/Mid American Regional Council (MARC) Best Management Practices
(BMP) Manual and APWA Section II and V design standards.
2.
The APWA/BMP Manual includes acceptable stormwater practices,
including the specific design criteria for each stormwater practice.
Stormwater treatment practices that are designed and constructed in
accordance with these design and sizing criteria will be presumed
to meet the minimum water quality performance standards of the City's
MS4 permit.
D.
The BMP Manual also has requirements to protect sensitive areas such
as wetlands and riparian areas, to maintain open spaces, to maintain
buffer zones, to minimize impervious surfaces, to minimize disturbance
of soils and vegetation, to minimize directly connected impervious
areas, curve numbers for use with green infrastructure and tree preservation.
E.
Permit Requirements.
1.
All permits issued under this Section shall be subject to the
following conditions, and holders of permits issued under this Section
shall be deemed to have accepted these conditions. The Director of
Public Works, Zoning Administrator, or their designee(s), may suspend
or revoke a permit for violation of a permit condition, following
written notification of the responsible party.
2.
The responsible party shall design and install all structural
and non-structural stormwater best management practices in accordance
with the approved post-construction stormwater management plan and
this permit.
3.
The responsible party shall make additional notification according
to a schedule set forth in the permit so that BMP installations can
be inspected during construction.
4.
Completed BMPs must pass a final inspection to determine if
they are in compliance with the approved post-construction stormwater
management plan and this Section. Inspection results shall be provided
in writing.
F.
Inspections.
1.
A minimum of one (1) inspection shall be conducted during construction,
and one (1) inspection before the site is finalized, to verify water
quality facilities are built as designed and any applicable boundaries
or practices for non-structural BMPs are being observed. These inspections
will be conducted in combination with the regular site inspections.
2.
After construction is completed the BMPs will be inspected.
3.
A minimum of once in the first three (3) years after the installation
by the MS4 operator.
4.
Annually by the owner or operator of the post-construction BMP,
or by the MS4 operator. If completed by the BMP owner or operator,
this inspection report shall be mailed to the Public Works Director.
G.
Enforcement: Violations And Penalties.
1.
Any land-disturbing construction activity or post-construction
runoff initiated after the effective date of this Section by any person,
firm, association, or corporation subject to the section provisions
shall be deemed a violation unless conducted in accordance with the
requirements of this Section.
2.
The Director of Public Works, Zoning Administrator, or their
designee(s), shall notify the responsible party by certified mail
of any non-complying land-disturbing construction activity or post-construction
runoff. The notice shall describe the nature of the violation, remedial
actions needed, a schedule for remedial action, and additional enforcement
action which may be taken.
3.
Upon receipt of written notification from the Director of Public
Works, Zoning Administrator, or their designee(s), the responsible
party shall correct work that does not comply with the post-construction
stormwater management plan or other provisions of this Chapter. The
responsible party shall make corrections as necessary to meet the
specifications and schedule set forth by the Director in the notice.
4.
If the violations of a permit issued pursuant to this Section
are likely to result in damage to properties, public facilities, or
waters of the State, the Director of Public Works may enter the land
and take emergency actions necessary to prevent such damage. The costs
incurred by the City, plus interest and legal costs, shall be billed
to the responsible party.
5.
The Director of Public Works, Zoning Administrator, or their
designee(s), is authorized to post a stop work order on all land-disturbing
construction activity that is in violation of this Chapter.
6.
The Director of Public Works, Zoning Administrator, or their
designee(s), may revoke a permit issued under this Section for non-compliance
with Chapter provisions.
7.
Any permit revocation, stop work order, or cease-and-desist
order shall remain in effect unless retracted by the Director of Public
Works, Zoning Administrator, or their designee(s), or until such time
that all noted corrections have been made and approved.
